180020-CONTRACT NINYO MOORE.PDF

ENGINEERING SERVICES SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Term Geotechnical Engineering Services
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 180020-ROQ
Contract # 180020-ROQ
C-
Project # 180020-ROQ
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Three (3) YEAR TERM
ENGINEERING SERVICES CONTRACT
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Table of Contents
RECITALS 4
SECTION I - ENGINEER'S BASIC SERVICES 4
SECTION II- PERIOD OF SERVICE 5
SECTION III - REIMBURSABLE EXPENSES 6
SECTION IV - COUNTY RESPONSIBILITIES 7
SECTION V - COMPENSATION AND PAYMENTS 7
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES 8
SECTION VII - ENGINEER'S ACCOUNTING RECORDS 9
SECTION VIII- TERMINATION OF AGREEMENT 9
SECTION IX - OWNERSHIP OF DOCUMENTS 9
SECTION X - GENERAL CONSIDERATIONS 9
SECTION XI- INDEMNIFICATION AND INSURANCE 10
SECTION XII - SUCCESSORS AND ASSIGNS 12
SECTION XIII - NO KICK-BACK 13
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY 13
SECTION XV - INDEPENDENT CONTRACTOR 13
SECTION XVI - CONFLICTS 14
SECTION XVII - CONTINGENCY FEE 14
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH 14
SECTION XIX - COMPLIANCE WITH LAWS 14
SECTION XX - SEVERANCE 15
SECTION XXI - JOINT PREPARATION 15
SECTION XXII - PRIORITY OF PROVISIONS 15
SECTION XXIII - APPLICABLE LAW AND VENUE 15
SECTION XXIV - AMENDMENTS 15
SECTION XXV - PRIOR AGREEMENTS 15
SECITON XXVI - DRUG-FREE WORKPLACE 16
SECTION XXVII - INCORPORATION BY REFERENCE 16
SECTION XXVIII - LEGAL WORKER REQUIREMENTS 16
SECTION XXIX - ATTACHMENTS 16
SECTION XXX - NOTICES 16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION 17
SECTION XXXII - CONTRACT EXECUTION 18
SECTION XXXIII - ISRAEL BOYCOTT: 18
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SECTION XXXIV - UNIFORM ADMINISTRATIVE REQUIREMENTS: 18
EXHIBIT A - PROJECT SERVICES 20
I - GENERAL 20
II- PRE-DESIGN SERVICES PHASE 20
III - SCHEMATIC DESIGN PHASE 20
IV - DESIGN DEVELOPMENT PHASE 21
V - CONSTRUCTION DOCUMENTS PHASE 21
VI- QUALITY ASSURANCE/QUALITY CONTROL 22
VII- BIDDING PHASE 23
VIII- CONSTRUCTION PHASE 23
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES 25
X - OPERATION AND MAINTENANCE MANUAL(s) 26
EXHIBIT B — HOURLY RATES 28
EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
PARTICIPATION REPORTING FORM 29
EXHIBIT D - LEGAL WORKER CERTIFICATION 30
EXHIBIT E 31
ALTERNATIVE DISPUTE RESOLUTION 31
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Ninyo & Moore
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA
hereinafter called the "COUNTY" or "OWNER" and Ninyo & Moore; hereinafter called the "ENGINEER."
RECITALS
A. Pursuant to Arizona Revised Statutes § 11-251(8) and § 34-102, the Board of Supervisors has the authority
to enter into contracts for the construction of such buildings and structures are necessary, and for
alterations thereto, and for the employment of ENGINEERS as warranted by the type of construction.
B. The COUNTY proposes to engage the service of an engineering firm to perform certain engineering and
engineering services for the COUNTY on an "on-call" or "as needed" basis. This Agreement is intended
to cover performance by the ENGINEER under individual Task Orders. The terms of this Agreement and
a Task Order govern the ENGINEER's work unless the ENGINEER and the COUNTY agree otherwise n
writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration,
and other engineering services, and the ENGINEER is willing to prepare such drawings, plans,
specifications, cost estimates, provide construction administration, and perform other engineering services
under this Agreement as may be required by the COUNTY.
D. The COUNTY desires to contract with the ENGINEER for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other engineering services on such terms
and conditions as hereinafter follows:
E. NOW THEREFORE, on consideration of the premises and the mutual promises herein contained, the
COUNTY and the ENGINEER agree as follows:
SECTION I - ENGINEER'S BASIC SERVICES
A. GENERAL
1. The ENGINEER shall prepare drawings, plans, and specifications and cost estimates according to the
direction and designated standards of the COUNTY. Also, in consideration of the fee hereinafter
stated, the ENGINEER agrees to perform contract administration, inspection services and other
engineering services on the PROJECT as described in this Section. It is understood and agreed that
the County's authorized Administration for the PROJECT shall be the Director of Facilities
Management Department, or designee.
2. The ENGINEER shall review the requirements of the PROJECT as outlined by the COUNTY. Prior
to performance of any services under this Agreement, the ENGINEER and his consultants shall meet
with the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ENGINEER shall be responsible for providing written minutes of all PROJECT meetings that
occur during the course of this work under this Agreement, which are attended by the ENGINEER or
his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent
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to, and received by, the COUNTY no later than three (3) working days after the meeting date. The
ENGINEER will be responsible for final publishing and distributing of meeting minutes as directed by
the COUNTY.
4. The ENGINEER will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ENGINEER at
times appropriate to the PROJECT. At no time shall the ENGINEER meet with jurisdictional agencies
without prior consent or attendance of COUNTY representatives.
5. The ENGINEER may be required to coordinate with the COUNTY and its designated workstation
supplier for the design and provisions for installation of open office workstations. This work may
include but is not limited to: layout of workstations per COUNTY standards, providing backgrounds
on AutoCAD to the supplier for shop drawing purposes, coordination with the electrical systems of the
building, and provision in the specifications for installation of COUNTY supplied workstations by the
Contractor.
6. As a part of basic services, the ENGINEER will produce record drawings from the marked-up plans
prepared by the Contractor. Record drawings shall be submitted on CD discs as required by the
COUNTY containing the complete drawings in a pdf electronic format that is 100% compatible with
AutoCAD, references bound.
7. Typical project services are listed in attached Exhibit A. The compensation method shall be
deteimined on a project by project basis, utilizing Exhibit B ("Hourly Rates") for reference only.
SECTION II - PERIOD OF SERVICE
A. The initial contract shall be in effect for no longer than Three (3) calendar years from the date of approval
by the Maricopa County Board of Supervisors. If work is underway under the terms of this contract at the
time of the expiration date, the contract expiration date shall be extended to the date for completion of
services underway. Furthermore, by mutual written agreement between the County and ENGINEER, this
contract may be extended for a period of Two (2), One (1) year period(s). The total tem' of this contract,
including all extension periods, shall not exceed five (5) years.
B. Based upon the mutually agreed scope of work for a project, the ENGINEER shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ENGINEER will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall
be included in the allotted calendar days for Design phase and shall be considered to be included in each
project schedule. ENGINEER revisions, additions and corrections required by the COUNTY through its
review of each phase's first document submittal, shall be required as part of the work of each subsequent
phase if applicable. A time extension will not be granted during such phase for these document
modifications. Construction document revisions as required by regulatory agencies and the COUNTY
shall be accomplished by the ENGINEER within the stated period for that phase.
D. The ENGINEER shall provide construction administration services from the date of construction contract
award through the PROJECT construction period and final written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when the building(s) and related warranty work is accepted in writing by the
COUNTY.
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E. The ENGINEER may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION III - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ENGINEER, his employees, or his professional consultants in the interest of the
Project and have the specific prior written approval of the COUNTY. The ENGINEER hereby agrees that
no reimbursable expense shall be incurred, nor requested for payment, without the ENGINEER having
obtained prior written approval of the COUNTY. The COUNTY is under no obligation to pay the
ENGINEER for such expenses without evidence of the COUNTY'S written consent prior to the
ENGINEER incurring such expenses. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C
below, if requested by the COUNTY for additional plan review sets or for bidding purposes.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ENGINEER with the
COUNTY'S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ENGINEER only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ENGINEER's fee. Normal overhead and operating costs shall
include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses.
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY's Notice to Proceed.
C. 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 ENGINEER:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ENGINEER or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ENGINEER 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.
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D. Unless specifically authorized in writing, the ENGINEER 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.
E. The ENGINEER shall accompany each payment request for Reimbursable Expenses with a copy of the
original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves the right to
reject any and all requests for payment of Reimbursable Expenses costs where no invoice or receipt is
attached.
F. The ENGINEER shall only be paid the actual amount charged to the ENGINEER by the original vendor
for Reimbursable Expenses.
G. Refer to Exhibit "B" for hourly billing rates for ENGINEER staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
1. Review of documents submitted by the ENGINEER.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ENGINEER as described in this Agreement.
3. Response to the ENGINEER's written request for decisions within a reasonable amount of time, such
time being appropriate to the request.
4. The necessary staff for consultation with the ENGINEER during program review, schematic, design
development and construction document phases in order to identify problems, needs and other
functional aspects of the PROJECT.
5. Staff for consultation with the ENGINEER and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for infonnation, progress of submittals and
deliveries of equipment and furniture to be supplied by the COUNTY.
7. All required fees for securing approvals from governmental and other agencies having lawful
jurisdiction over the design of the PROJECT. The COUNTY will pay such fees directly to said
jurisdictional authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ENGINEER and Contractor
performance during the period of performance of the ENGINEER's services under this Agreement. The
COUNTY's monitoring of the ENGINEERS and Contractor's performance shall be solely for the
information of the COUNTY and shall not be construed to abridge, limit, supplement, or modify the
ENGINEER'S duties and responsibilities to provide the usual and customary basic engineering services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ENGINEER shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ENGINEER shall be compensated on an hourly fees basis in accordance with those items
listed in Exhibit B — Hourly Rates.
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B. All engineering service requests for payment shall be submitted to the COUNTY for review in electronic
format and approval and must be accompanied by a detailed invoice as required by the COUNTY. A
detailed invoice shall include copies of all related invoices and substantiating receipts; a completed SBE
reporting foliar; and/or other documentation for any charges incurred. Where pre-authorization is required
by the County, a copy of the written pre-authorization of the County will be included with the invoice
where those charges are submitted.
1. Invoices shall be submitted to: FMD-AccountsPayable@mail.maricopa.gov with all required
supporting documentation. Invoices should not be hand-delivered, mailed or otherwise transmitted.
C. The ENGINEER's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent upon receipt of ENGINEER's field reports.
D. The ENGINEER shall be limited to a maximum total fee of One Million, Five Hundred Thousand Dollars,
and No Cents ($1,500,000.00) for all work on all projects assigned under this Agreement during the term
of this contract. This shall include fees for both basic, additional services, and reimbursable expenses for
all projects assigned to the ENGINEER during the term of the contract.
E. Payment for additional services as authorized by the COUNTY shall be made upon completion of the
additional services and upon receipt of a detailed invoice and request for payment.
F. If the PROJECT is abandoned or suspended in whole or in part, for a period of more than 180 days
through no fault of the ENGINEER, the ENGINEER is to be paid for the services actually performed in
accordance with ARS Section 34-104.F, but not for any services not actually perfornied.
G. No deductions shall be made from the ENGINEER's compensation on account of retainage withheld from
payments to Contractors.
SECTION VI - PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ENGINEER shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ENGINEER cause the publication of the PROJECT Construction Budget or
construction cost estimates or reveal same to anyone other than authorized COUNTY personnel.
B. To help ensure that the PROJECT is under budget, the ENGINEER shall include, as part of the bid
package, additive alternates which represent up to 10 percent of the PROJECT construction budget and do
not materially affect the basic function, operation, or design intent of the facility. The ENGINEER will
identify and make recommendations on the various alternates, but acceptance of any or all of the alternates
will be the sole responsibility of the COUNTY.
C. The successful construction bid as herein referenced, means the bid amount submitted by the Contractor
actually awarded the PROJECT by the Board of Supervisors and shall include the cost for all work
designed or specified by the ENGINEER.
D. Over-Budget Bids. In the event a PROJECT is bid and the lowest responsible bid is higher than the
COUNTY construction budget amount for the specific project, the COUNTY may reject all bids or
appropriate such additional moneys as are necessary to award the bid. In the event the COUNTY elects to
reject all bids, the COUNTY may direct the ENGINEER to revise the drawings, plans, and specifications
at no additional expense to the COUNTY in order to obtain a bid for construction not exceeding the
construction budget amount.
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SECTION VII- ENGINEER'S ACCOUNTING RECORDS
A. Records of the ENGINEER's direct personnel payroll, and reimbursable expense pertaining to the
PROJECT and accounts between the COUNTY and ENGINEER shall be kept on a generally recognized
accounting basis for a period of no less than nine years after final completion of the PROJECT and shall be
available to the COUNTY (on reasonable notice) for examination during noitnal business hours.
SECTION VIII - TERMINATION OF AGREEMENT
A. The COUNTY and the ENGINEER hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ENGINEER's services or portion of the PROJECT for
which services have been performed by the ENGINEER.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ENGINEER in writing, and immediately after receiving such notice, the
ENGINEER shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ENGINEER's principal place of business.
C. Upon such termination or abandonment, the ENGINEER shall appraise the work completed and submit his
appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the ENGINEER's
work to appraise the work completed.
D. Except when tei ninated for delinquency, insolvency, or non-compliance with the ten is of this Agreement,
the ENGINEER shall receive as compensation for services performed to the date of such termination, a fee
for the percentage of the ENGINEER's services as provided in this Agreement under Section V, and that
fee shall be in the amount to be agreed mutually by the ENGINEER and the COUNTY. If there is no
mutual agreement, the COUNTY will use the same method used for "Additional Services" as a guide in
the final determination. In no event, however, shall the fee exceed that set forth in Section VI of this
document. The ENGINEER will not be paid for any services not actually perfouned.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ENGINEER may retain ownership of original drawings, plans, specifications, and related documents;
however, the COUNTY shall have ownership of the reproducible, specifications and other contract
documents as referred to in Section I, paragraph 3, and Section I, paragraph 6, which are to be delivered to
the COUNTY before the final payment is made to the ENGINEER. The COUNTY will not reuse, alter or
modify these reproducibles for other construction projects without first soliciting consultation from the
ENGINEER. In the event such documents are used without further consultation from the ENGINEER, the
COUNTY agrees to hold the ENGINEER harmless from any claim arising from the reuse of these
documents for subsequent construction work.
SECTION X - GENERAL CONSIDERATIONS
A. The use of words "he," "himself," "his," or other terms of masculine gender are intended to apply to both
genders, whether male or female.
B. All services provided by the ENGINEER under this Agreement shall be perfointed by employees, agents
or Consultants of the ENGINEER who are experienced and skilled in their profession and shall be
performed in accordance with the standards of care and workmanship in their profession. The
ENGINEER's findings, recommendations and professional advice shall be based on practices and
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procedures customarily applied in his profession. The ENGINEER shall be solely responsible for the
completeness and accuracy of his drawings, plans, specifications, supporting data and documents prepared
or complied by either his staff or his Consultants in fulfillment of this Agreement.
C. The ENGINEER shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
D. The ENGINEER shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ENGINEER by the terms
of this Agreement, and to assume toward the ENGINEER all the obligations and responsibilities which the
ENGINEER, by this Agreement, assumes with the COUNTY. Said agreement shall preserve and protect
the rights of the COUNTY under this Agreement with respect to the services to be performed by the
Consultant so that the Consulting Services thereof will not prejudice such rights and shall allow to the
Consultant, unless specifically proved otherwise in the ENGINEER-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ENGINEER, that this ENGINEER, by this
Agreement, has against the COUNTY. Where appropriate, the ENGINEER shall require each Consultant
to enter into similar agreements with his sub-consultants. The ENGINEER shall make available to each
proposed Consultant prior to the execution of the ENGINEER-CONSULTANT written agreements, copies
of this Agreement to which the Consultant will be bound by this paragraph, and identify to the Consultant
any teims and conditions of the proposed ENGINEER-CONSULTANT written agreement which may be
at variance with this Agreement. Each Consultant shall similarly make copies of this Agreement available
to his sub-consultants.
E. During the course of PROJECT construction, should any defects be revealed which would adversely affect
the appearance or function of the PROJECT and which are the result of errors, omissions, or
inconsistencies in the drawings and specifications prepared by the ENGINEER, the ENGINEER shall, at
his expense, modify these drawings and specifications to resolve the defective conditions to the
satisfaction of the COUNTY without additional compensation.
SECTION XI — INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ENGINEER shall defend, indemnify, and
hold harmless COUNTY, 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
ENGINEER, his agents, representatives, employees, or consultants related to the performance of the
Contract. ENGINEER's duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting therefrom, caused by the referenced
acts, errors, omissions or mistakes in the perfoimance of this Contract including those made by any person
for whose acts, errors, omissions or mistakes ENGINEER may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph.
B. INSURANCE REQUIREMENTS - ENGINEER, at ENGINEER'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
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
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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 Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this
Contract.
2. ENGINEER's insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
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 the COUNTY'S right to coverage afforded under the
insurance policies.
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 COUNTY under such policies. ENGINEER shall be solely responsible for the deductible and/or
self-insured retention and COUNTY, at its option, may require ENGINEER to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of
credit.
5. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any
or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated,
however, to review such policies and/or endorsements or to advise ENGINEER of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ENGINEER from, or be deemed a
waiver of COUNTY'S right to insist on strict fulfillment of ENGINEER's obligations under this
Contract.
6. The insurance policies required by this Contract, except Workers' Compensation, and &Tors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
7. The policies required hereunder, except Workers' Compensation, and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents,
representatives, officers, directors, officials and employees for any claims arising out of ENGINEER'S
work or service.
C. ENGINEER is required to procure and maintain the following coverages:
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.
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 the ENGINEER's owned, hired,
and non-owned vehicles assigned to or used in performance of the ENGINEER' s work or services
under this Contract.
3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the ENGINEER's employees engaged in the performance of
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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.
ENGINEER waives all rights against COUNTY and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the Workers' Compensation and
Employer's Liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the ENGINEER, with limits of no less than
$2,000,000 for each claim.
D. 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
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ENGINEER shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or
formal endorsements as required by the Contract in the form provided by the County, issued by
ENGINEER'S insurer(s), as evidence that policies providing the required coverages, conditions and limits
required by this Contract are in full force and effect. Such certificates shall identify this contract number
and title.
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 ENGINEER'S work or
services and as evidenced by annual Certificates of Insurance.
2. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY
fifteen (15) days prior to the expiration date.
F. CANCELLATION AND EXPIRATION NOTICE - Insurance required herein shall not expire, be
canceled, or materially changed without thirty (30) days prior written notice to COUNTY.
SECTION XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ENGINEER each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ENGINEER shall assign, sublet, or transfer his interest
in this Agreement without the written consent of the other. In no event shall any contractual relation be
created by this Agreement between any third party and the COUNTY. In the event ENGINEER changes
the name of the firm to which this contract has been awarded, it is incumbent upon ENGINEER to request
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COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ENGINEER's name change. In the event ENGINEER chooses not to change its name for work
accomplished through this awarded contract, ENGINEER will issue all payments on the letterhead of the
firm contracted with the COUNTY under this contract. Failure to comply may result in the invoices of
ENGINEER being refused, which will result in a delay of payment to ENGINEER at no additional cost to
COUNTY.
SECTION XIII - NO KICK-BACK
A. The ENGINEER warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that
no member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ENGINEER and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement
without liability, or at its discretion to deduct from the Agreement prior to consideration, the full amount
of such commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented
or repealed from time to time.
B. It is Maricopa County's policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County's solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does
require that utilization of SBE firms by ENGINEER be reported for tracking by the County. A full
description of the County's SBE program and the contractual requirements are attached hereto and
incorporated herein by reference in Exhibit C.
C. 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.
SECTION XV - INDEPENDENT CONTRACTOR
A. ENGINEER is an independent ENGINEER under this Agreement. Services provided by ENGINEER
pursuant to this Agreement shall be subject to the supervision of ENGINEER. In providing such services,
neither ENGINEER nor its agents shall act as officers, employees, or agents of the COUNTY. This
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Agreement shall not constitute or make the parties a partnership or joint venture. The COUNTY is not
responsible for any debt, default, act or omission of the ENGINEER.
SECTION XVI - CONFLICTS
A. Neither ENGINEER nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
ENGINEER' s loyal and conscientious exercise of judgment related to its performance under this
Agreement.
B. ENGINEER agrees that none of its officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a
party, unless compelled by court process. Further, ENGINEER agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse
or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude ENGINEER or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ENGINEER is pellnitted to utilize sub-consultants to perform any services required by this
Agreement, ENGINEER agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVII - CONTINGENCY FEE
A. ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ENGINEER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or violation of this
provision, COUNTY shall have the right to terminate this Agreement without liability at its discretion, or
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
A. COUNTY and ENGINEER agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this Agreement and, therefore, is a material term hereof.
B. COUNTY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deem a waiver of any subsequent breach and shall not be construed to be a modification of the
Willis of this Agreement.
SECTION XIX - COMPLIANCE WITH LAWS
A. ENGINEER shall comply with all federal state, and local laws, codes, ordinances, rules, and regulations in
perfoiming its duties, responsibilities, and obligations pursuant to this Agreement.
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SECTION XX - SEVERANCE
A. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless COUNTY or ENGINEER elects to terminate
this Agreement. An election to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
SECTION XXI - JOINT PREPARATION
A. The parties acknowledge that they have sought and received whatever competent advice and counsel as
was necessary for them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties than the other.
SECTION XXII - PRIORITY OF PROVISIONS
A. 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.
SECTION XXIII - APPLICABLE LAW AND VENUE
A. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the
State of Arizona. Venue for litigation or any proceedings concerning this Agreement shall be in Maricopa
County, Arizona.
SECTION XXIV - AMENDMENTS
A. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and ENGINEER.
B. All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County
Office of Procurement Services shall be responsible for approving all amendments for Maricopa County
SECTION XXV - PRIOR AGREEMENTS
A. 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 in accordance with Section XXIV above.
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SECITON XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of
a drug free work place. Execution of this Agreement by ENGINEER shall serve, as ENGINEER' s
required certification that it either has or that it will establish a drug free work place.
SECTION XX'VII - INCORPORATION BY REFERENCE
A. The truth and accuracy of each "Whereas" clause set forth herein is acknowledged by the parties. The
attached Exhibits are incorporated into and made a part of this Agreement.
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ENGINEER who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ENGINEER 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 sub-contractors and
sub-sub-contractors to provide the same warranties to the ENGINEER. The ENGINEER acknowledges
that a breach of this warranty by ENGINEER or by any sub-contractor or sub-sub-contractor under this
Contract shall be deemed a material breach of this Contract, and is grounds for penalties, including
termination of this Contract, by Maricopa County. Maricopa County retains the right to inspect the records
of any ENGINEER, sub-contractor and sub-sub-contractor employee who performs work under this
Contract, and to conduct random verification of the employment records of the ENGINEER and any sub-
contractor and sub-sub-contractor who works on this Contract, to ensure that the ENGINEER and each
sub-contractor and sub-sub-contractor is complying with the warranties set forth above. ENGINEER shall
be responsible for all costs associated with compliance with this requirement.
SECTION XXIX — ATTACHMENTS
Exhibit A — Project Services
Exhibit B — Hourly Rates
Exhibit C — SBE Reporting Form
Exhibit D — Legal Worker Statement (from Statement of Qualifications)
Exhibit E — Alternative Dispute Resolution
SECTION XXX - NOTICES
Notices: All notice to be given hereunder shall be in writing, and may be given by depositing the same
in the United States mail addressed to the party to be notified, postpaid, return receipt requested or by
delivering the same n person to such party with written receipt of acknowledgement of delivery by a
person at the address(s) set forth below. All notices to be given to the parties hereto shall be sent to or
made to the addresses shown below. The place for giving notice shall remain the same as set forth
herein unless changed in the manner provided in this Section.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States mail, postage prepaid, return receipt requested, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
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intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this Section. For the present, the parties
designate the following:
Rich Wegele, Director
Facilities Management Department
Maricopa County
401 West Jefferson Street
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Steven D. Nowaczyk, PE
Ninyo & Moore
3202 East Harbour Drive
Phoenix, Arizona 85034
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
A. Notice Prior to Execution of Work. If the ENGINEER wishes to make Claim for any increase in the
Project Cost, written notice must be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangered life or property. If the ENGINEER believes
additional cost is involved for reasons including but not limited to (1) a written interpretation from the
design, an order by the OWNER to stop the Work where the ENGINEER was not at fault, (2) other
reasonable grounds, a Claim shall be filed in accordance with this Section.
B. Fourteen Days After Occurrence. If the ENGINEER wishes to make a Claim for an increase in the
Project Cost, the ENGINEER shall give the OWNER written notice thereof within fourteen (14) days
after the occurrence of the event giving rise to such Claim or within fourteen (14) days after the
ENGINEER should have recognized, in the exercise of due diligence, the condition giving rise to such
Claim. The ENGINEER shall provide such notice before proceeding to perform the Work. Any
Claim with respect to an emergency shall be made not later than five (5) days after occurrence of the
emergency as to which the Work was performed.
C. Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase Project Cost in
strict compliance with the requirements of this Section shall constitute a waiver of such Claim.
D. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided for in as Exhibit E (attached hereto and incorporated herein by
this reference) shall be the exclusive means for resolution of claims or disputes arising under this
Contract.
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SECTION XXXII - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION XXXII' - ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9, Arizona
Revised Statutes Section 35-393 et. seq..
SECTION XXXIV - UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and 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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Term Geotechnical Engineering Services
180020-ROQ
51 ta••••••• t> . S.1111.40.4, ik, lit . 11/06/17
Principal (Signature) II Date
Ninyo & Moore #33-0269828
Firm Name Federal Tax Identification Number
Steven D. Nowaczyk frt-A- 92s33
Printed Name NIGP Commodity Code (Advantage)
30 Days from Invoice date
Vendor Payment Terms
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
LEGAL REVIEW:
Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
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EXHIBIT A - PROJECT SERVICES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Three (3) Year TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 180020-ROQ
CONTRACT NO.: 180020-ROQ
I - GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ENGINEER provides professional services. The actual service requirements will vary with each
PROJECT. The ENGINEER and COUNTY will meet and review the scope of work for each PROJECT
completed under terms of this contract and the COUNTY will identify which services it requires of the
ENGINEER. Based upon the scope of work and the required services the ENGINEER shall prepare his
proposal, which shall include a design phase schedule. That schedule shall include: design by phases;
owner and stakeholder responses thereto (included in the times set); and permitting. The schedule will
then be updated and delivered electronically every two (2) weeks.
B. All services listed herein may not be required for a project completed by the ENGINEER. The COUNTY
reserves the right to request additional services not listed here from the ENGINEER if required to
complete the work, and to direct that any listed services not be performed.
C. ENGINEER shall send documents that are to be delivered to the COUNTY to the COUNTY's contract
vendor for printing, unless otherwise approved in writing by the COUNTY. The COUNTY will be billed
directly for these printing costs.
II - PRE-DESIGN SERVICES PHASE
A. The ENGINEER shall work with the Owner to develop a scope of work, phases, schedule and budget for a
specific project. These services shall include programming, space schematics and flow diagrams, survey
of existing facilities, marketing studies, economic feasibility studies, project financing studies, etc. The
ENGINEER shall incorporate COUNTY space and graphic standards, and shall develop a program for a
specific project.
B. After completion of the pre-design services, the ENGINEER shall present these documents to the
COUNTY for review, comments, and approval. The COUNTY shall have the right to make• changes on
review at no cost to the COUNTY as long as the original PROJECT scope is not materially affected
C. The ENGINEER shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department Review Committee and/or County Board of Supervisors.
III - SCHEMATIC DESIGN PHASE
A. The ENGINEER shall provide a preliminary evaluation of the program requirements and the PROJECT
budget constraints, each in teims of the other, then review with the COUNTY any inconsistencies evident
between these prop-am requirements and the budgetary limitations.
B. Based upon the mutually agreed PROJECT program and budget requirements, the ENGINEER shall
prepare schematic design studies leading to the recommended design concept together with a general
description of the PROJECT in terms of its scale and interrelationship of parts. The ENGINEER shall
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submit four (4) sets of prints and an electronic copy of these documents to the COUNTY with a written
construction cost estimate based upon a current area, volume, or other unit cost criterion. Upon request the
ENGINEER shall provide the COUNTY, one (1) set of schematic design documents as revised by the
ENGINEER to incorporate COUNTY requested changes at the end of each respective design phase. The
schematic design documents will be in a pdf format acceptable to the COUNTY.
C. After completion of the schematic design studies and construction cost estimates, the ENGINEER shall
present these studies and estimates to the COUNTY for review, comment, and approval. The COUNTY
shall have the right to make changes on review at no cost to the COUNTY as long as the original
PROJECT scope is not materially affected.
D. The ENGINEER shall present, at the request of the COUNTY, the schematic design and construction cost
estimates to the Maricopa County Facilities Management Department Review Committee and/or County
Board of Supervisors.
IV - DESIGN DEVELOPMENT PHASE
A. After the schematic design studies and construction cost estimates are approved by the COUNTY and the
ENGINEER is so advised in writing by the COUNTY, the ENGINEER shall prepare from the approved
schematic design studies the design development documents and other criteria as may be appropriate.
B. The ENGINEER shall design the PROJECT so that the construction will conform to the requirements of
Title 34, Arizona Revised Statutes (ARS) regulating Public Buildings and Improvements as well as other
applicable laws, codes, and regulations.
C. The ENGINEER shall submit to the COUNTY a second construction cost estimate of the PROJECT and
of its major components based on the design development drawings and plans.
D. After completion of the design development phase and construction cost estimates, the ENGINEER shall
deliver four (4) sets of Design Development documents and outline specifications to the COUNTY for
review, comment, and approval. The Design Development Documents will be in a pdf foimat acceptable
to the COUNTY. The COUNTY shall have the right to make changes on review at no additional cost
provided that the previously approved design development phase concept is not materially affected by
these changes. Upon request, the ENGINEER shall provide the COUNTY, one (1) set of design
development documents as revised by the ENGINEER to incorporate COUNTY requested changes at the
end of each respective design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the design development documents and construction cost estimates have been approved by the
COUNTY and the ENGINEER has been so advised in writing by the COUNTY, the ENGINEER shall
prepare, from the approved design development documents, construction drawings, plans, and
specifications setting forth in detail the work required, and shall assist in the drafting of the Form of
Proposal for the construction contract.
B. The ENGINEER and his consultants shall prepare all drawings for the PROJECT utilizing AutoCAD.
The drawings shall conform to the "CAD Layer Guidelines" established by the COUNTY. Project
Manuals shall be prepared utilizing Microsoft Word. When requested by the COUNTY, the ENGINEER
shall deliver four (4) sets of 50% complete Construction Documents and project manuals for review and
comment by the COUNTY. The Construction Documents shall be in a pdf format acceptable to the
COUNTY.
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C. The ENGINEER shall prepare his drawings according to generally accepted practices and, COUNTY
standards. The ENGINEER shall include the General Conditions as provided by the COUNTY within the
Technical Specifications provided for the specific project. The ENGINEER shall also complete and
include the General Requirements as provided by the COUNTY within the Technical Specifications
provided for the specific project, making all revisions necessary to meet the specific requirements for each
project.
D. The ENGINEER shall inform the COUNTY in writing of any adjustments to previous construction cost
estimates as indicated by changes in scope, requirements, or market conditions during the course of the
PROJECT.
E. The ENGINEER shall file the required Construction documents to secure approval of all governmental
authorities having jurisdiction over the design of the PROJECT. All filing and plans approval fees shall be
paid directly by the COUNTY. The ENGINEER shall comply with all applicable federal, state, and local
laws, codes, and regulations in effect at the time the construction contract documents (plans and
specifications) are submitted for regulatory approval. The ENGINEER shall be responsible for corrections
as required to comply with applicable laws, codes, and regulations at no additional cost to the COUNTY.
F. The ENGINEER shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of "Construction Documents" including Project Manuals for
review and approval to the COUNTY. The time required by the ENGINEER to make corrections to the
plans requested by the COUNTY or required by regulatory agencies is considered part of his total contract
time.
G. No later than 14 calendar days following submittal of "Construction Documents" to the COUNTY, the
ENGINEER shall submit a final construction cost estimate to the COUNTY, itemized by major categories
of work broken down according to the Construction Specification Institution's sixteen division standard.
H. After completion of the "Construction Documents" and after review by the COUNTY, the ENGINEER
shall, if requested by the COUNTY, present all documents to the Maricopa County Facilities Management
Department Review Committee and/or County Board of Supervisors.
VI - QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ENGINEER'S preparation of plans and specifications at the conclusion of
each of the design phases. The ENGINEER shall provide such information as the COUNTY may require
regarding the ENG1NEER's design and selection of materials and equipment. ENGINEER shall provide, at
the COUNTY'S request, such data and information as COUNTY may require regarding ENGINEER'S
estimate of probable construction cost for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ENGINEER at
the completion of Schematic Design, Design Development and 50% of Construction Documents phases.
C. The ENGINEER shall verify they have a Quality Assurance/Quality Control Plan in place to be executed
through all phases of PROJECT work. The ENGINEER shall be solely responsible for carrying out the
Quality Assurance/Quality Control Plan for the PROJECT, the objective of which shall be to prevent
errors and omissions in the plans and specifications and other documents prepared by the ENGINEER. The
COUNTY will monitor the ENGINEER's implementation of the Quality Assurance/Quality Control Plan,
but the COUNTY will not be responsible for the ENGINEER's failure to carry out the Quality
Assurance/Quality Control Plan nor for the accuracy and quality of the ENGINEER's services. The
ENGINEER shall maintain all quality control records for a minimum of five (5) years following the date
of substantial completion of the PROJECT. The COUNTY's rights to examine such records shall not be
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construed to confer upon COUNTY a duty to check or examine such records, as the Quality
Assurance/Quality Control Plan and its documentation is the sole responsibility of the ENGINEER.
D. Failure by the ENGINEER or his consultants to incorporate COUNTY or regulatory agency comments
into his plans shall constitute an error or omission on the part of the ENGINEER and the cost of any
necessary corrective action is to be borne by ENGINEER.
VII - BIDDING PHASE
A. Upon approval of the final "Construction Documents", including drawings, specifications, and other
contract documents, and upon issuance of a call for construction bids, the ENGINEER shall send
documents to COUNTY' s contract vendor. The COUNTY' s contract vendor shall be responsible for
printing and distribution of bid sets to contractors and bidding services. At the option of the COUNTY,
the ENGINEER may be responsible for the distribution of sets of bidding documents and shall collect a
deposit prior to release of any set, conditional upon the return of the bidding documents in reusable
condition.
B. The ENGINEER shall review all submittals from contractors or suppliers for requested substitutions. The
ENGINEER shall review all drawings, samples and various other submittals to determine compliance with
the PROJECT plans and specifications. If the ENGINEER determines that a substitution meets the
specifications, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall then publish in an addendum, a listing all prior approval substitutions approved by both
the ENGINEER and COUNTY not less than seven (7) days prior to the opening of bids. Failure by the
ENGINEER or his consultants to incorporate COUNTY comments, adequately evaluate substitutions and
issue the addenda according to statutory requirements shall constitute an error or omission on the part of
the ENGINEER and the cost of any necessary corrective action is to be borne by ENGINEER.
C. The ENGINEER shall prepare and distribute addenda as required.
D. The ENGINEER shall prepare the agenda and conduct a PROJECT pre-bid meeting for potential bidders
to encourage competent, competitive bids and to clarify any contractor questions about the PROJECT. At
this meeting the ENGINEER shall discuss the PROJECT scope of work, the contract documents, including
any addenda. The ENGINEER shall record minutes of the pre-bid meeting and forward a record of the
meeting to the COUNTY within three (3) working days after the pre-bid meeting.
E. BID OPENING - The ENGINEER shall attend the bid opening(s) for the PROJECT and upon receipt of
all bids, (if requested by the COUNTY) shall review and analyze same for the purpose of advising the
COUNTY as to the validity and completeness of bids, the resolution of any problems or inquiries
associated with the bidding process and the ENGINEER's recommendations as to which Contractors are
eligible and qualified to perform the work. The ENGINEER (if requested by the COUNTY) shall also
advise the COUNTY which if any, of the low bid Contractors should or should not be awarded contracts to
perform the work and shall appropriately justify this advice.
F. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ENGINEER' s estimate, the COUNTY may reject all bids or appropriate such additional moneys
as are necessary to award the bid. In the event the COUNTY elects to reject all bids, the COUNTY shall
direct the ENGINEER to redesign the PROJECT and re-bid the project, without additional fee.
VIII - CONSTRUCTION PHASE
A. The ENGINEER shall prepare the agenda, attend and assist the COUNTY in conducting the
pre-construction conference with the successful bidder. The ENGINEER shall record the pre-construction
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meeting and forward a written record of the meeting minutes to the COUNTY within three (3) working
days.
B. At the pre-construction conference the ENGINEER shall deliver to the COUNTY three (3) sets of posted
plans and specifications for the project. Two (2) sets shall be for other COUNTY use and one (1) set shall
remain in the construction office for use by the COUNTY and ENGINEER during the course of
construction.
C. The ENGINEER shall have access to the work on the PROJECT in normal business hours after proper
notice to the Contractor whenever the work is in preparation or progress. At all times, proper safety
precautions shall be taken by the ENGINEER.
D. The ENGINEER shall review and make recommendations to the COUNTY on all claims made by the
Contractor and on all other matters relating to the execution and progress of the work and regarding the
interpretation of the construction contract documents.
E. The ENGINEER shall timely review all shop drawings, samples and various other submittals to determine
compliance with the PROJECT plans and specifications. If the ENGINEER determines that a substitution
is required, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall advise the COUNTY upon the rejection of any submittal item and provide to the
COUNTY an analysis that reflects the effect of such rejection upon the projects critical path and project
execution. As to submittals, ENGINEER will review submittals for items specifically mentions in the
Specifications. Responses shall be made within not less than fourteen (14) days after submittals are
received.
F. The ENGINEER shall prepare Proposal Requests and shall forward the proposal, together with the reason
and justification for the change, the evaluation of options to the proposed change, his recommendations
and evaluation of associated costs and effects upon the construction schedule to the COUNTY.
G. The ENGINEER shall review Change Order requests (if requested by the Owner) and shall forward the
proposed Change Order, together with his final recommendations to the COUNTY.
H. The ENGINEER shall respond to requests for information and shall issue such ENGINEER's
Supplemental Instructions, AIA Document G710, as are required for the clarification of the construction
contract documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL
INSTRUCTIONS AND FIELD ORDERS MUST HAVE THE APPROVAL OF THE COUNTY. RFI's
shall be submitted in numerical order, with no breaks in consecutive numbering. Each page of any
attachments to an RH shall bear the RFI number. All RFI' s should be submitted by e-mail. RFI's
requesting information already in the Contract Documents may be returned as frivolous. RFI's shall not be
utilized to approve submittals or substitutions nor to request Task Order Modifications or Change Orders,
RFI' s shall be responded to within seven (7) days of being received, referencing the RFI number.
I. The ENGINEER of record and the Consultants of record and their designated representatives shall make
periodic site visits for the purpose of determining general compliance with the approved PROJECT plans
and specifications.
1. The frequency of these periodic visits shall be determined by the particular work being performed and
their relationship to critical events including but not limited to: major system start-up's, and items of
normal building inspection procedures, particularly work that will be covered or concealed. Additional
attention shall be given and reported on construction items concealed later as PROJECT work
progresses.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
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3. All visits shall be documented by dated reports on the ENGINEER's Field Report, AIA Document
G711. Problems requiring action by the ENGINEER or his consultants shall also be recorded, dated,
and appended to the Field Report. Copies shall be forwarded to the COUNTY weekly.
4. It is considered important that the quality of work to be later concealed be observed and documented
on a regular basis. Any deviations from the approved PROJECT plans and specifications shall be
brought to the attention of the Contractor and the COUNTY.
5. The ENGINEER shall review the plans maintained at the site by the Contractor for notion of "as-built"
construction and report to the COUNTY on the progress of the Contractor's change notation work
monthly with each request for payment.
6. The ENGINEER shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans.
J. The ENGINEER shall review all Contractor payment requests and receipts for stored materials and certify
that to the best of his knowledge, information, and belief, based on what his observations have revealed,
the quality and quantity of the work is in accordance with the Contract Documents. As part of each
payment application review the ENGINEER shall review the as-built drawings to confhm they are current
and notify the Owner of their status.
K. The ENGINEER and OWNER shall review materials testing reports required by the construction
documents prior to filing. The ENGINEER shall review with the COUNTY and direct corrective work in
all instances where these reports indicate materials failure to meet specifications.
L. The ENGINEER shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ENGINEER shall conduct inspections and, subject to the COUNTY approval, determine
the Date of Substantial Completion and Final Completion and enter such date on the Certificate.
M. The ENGINEER will create the punch list upon Substantial Completion and review the performances of
the items to assure their having been completed.
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ENGINEER that may be required on a PROJECT.
Upon the request by the COUNTY, the ENGINEER shall submit costs for requested additional services.
The ENGINEER is not to proceed with any additional services without written approval from the
COUNTY.
B. Upon request of the COUNTY, the ENGINEER shall maintain a competent full-time person at the Project
Site to monitor job progress and for conformance of materials and construction with the Contract
Documents for this new facility. The ENGINEER's full-time representative shall be an experienced
Arizona Registered ENGINEER suitable to the COUNTY who shall be present at the Project Site a
minimum of forty (40) hours per week and when any work by the contractor or his subcontractors is being
performed except for Arizona State authorized holiday periods. The ENGINEER's office staff as required
shall support this resident observer.
1. A resume of this full-time representative shall be furnished to the COUNTY for review and approval.
This observer shall attend all progress meetings at which the COUNTY, ENGINEER, General
Contractor, and Subcontractors can discuss jointly job procedures, progress, problems, and scheduling.
2. The observer shall maintain at the Project Site, on a current basis, contract records, supplemental
instructions, records of all necessary contract, approved drawings and specifications, samples,
materials maintenance and operating manuals and instructions, and other construction related
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documents, including all revisions thereto. He shall obtain from the Contractor a current set of record
drawings, specifications and operating manuals at the completion of the PROJECT. The ENGINEER
shall see that all record items are delivered to the COUNTY.
3. The observer will issue weekly field reports, electronically submitted to the COUNTY.
4. The period of service for the observer shall be based on an established construction period of time.
Should it appear that construction work would carry beyond the contracted period of service, an
additional service must be authorized by the COUNTY in writing to extend observer's services.
X - OPERATION AND MAINTENANCE MANUAL(s)
A. Upon request of the COUNTY, as a condition for Substantial Completion, the ENGINEER shall review
comprehensive Operation and Maintenance Manual for the PROJECT and warranties.
B. The ENGINEER shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor coordinate and conduct all required, training sessions as required by the COUNTY to fully
explain and understand the safe operation and maintenance of the system. The ENGINEER shall ensure
the proper inclusion and coordination by the Contractor of all required factory training aids and sessions,
written guarantees, bonds, warranties, parts lists, spare parts, extra materials, replacement materials,
operating manuals, and maintenance manuals, and all operating and maintenance audio and visual
instructional and training materials shall be delivered to the COUNTY. All training sessions shall be
recorded by the ENGINEER on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ENGINEER shall assist
the COUNTY in conducting a post-construction inspection at least sixty (60) days prior to the expiration of
the two-year post-construction warranty period as required in the ENGINEER prepared Contract
Documents, making diligent efforts to identify all deficiencies and warranty-related problems and provide
a report on all faults noted and discovered during the inspection to the COUNTY and Contractor at least
forty-five (45) days prior to the expiration of the two-year warranty period. The ENGINEER shall provide
monthly updates of this report, and such reports shall be continued on a monthly basis past the expiration
of the two-year warranty period until the Contractor has corrected all items noted on the post anniversary
inspection report.
E. RECORD DRAWINGS — Upon request of the COUNTY, the ENGINEER shall prepare record drawings
separately for the PROJECT, except that buried underground utilities must be shown as "As-Built" and
certified as such with the signature of the Contractor's Superintendent. The ENGINEER's Construction
Documents shall include this certification requirement. The record drawings shall be in CAD and pdf
formats.
F. If requested by the COUNTY, the ENGINEER shall retain the services of an Arizona registered
professional engineer to prepare the necessary plans and specifications for a fire sprinkler system for the
PROJECT. The design shall include pipe types and sizes, valve types and sizes and all notations necessary
to construct a complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ENGINEER extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service."
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
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2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ENGINEER.
3. Consultation concerning replacement of any work damaged by fire, flood and other natural causes
during construction and furnishing professional services as may be required in connection with the
replacement of such work.
4. Arranging for the work to proceed should the Contractor default due to delinquency or insolvency
H. The ENGINEER shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation shall be in accordance with Exhibit B— Hourly
Rate.
I. It is distinctly understood and agreed that no claims for additional compensation will be allowed by the
COUNTY except as provided herein, nor shall the ENGINEER perform any work or furnish any materials
not covered by this Agreement. Such work or materials furnished by the ENGINEER without the written
authorization from the Director, Facilities Management Department, or his designee, shall be at his own
risk, cost and expense. The ENGINEER hereby agrees that without such prior written authorization, he
will make no claim for compensation for such work or materials furnished.
J. Failure to perform any part of the additional services identified within this section shall constitute a
violation of this contract. In the event of such failure, the COUNTY reserves the right to contract with
others to have these services completed and the full amount for such a contract as well as such reasonable
costs incurred by the COUNTY to obtain that contract shall be borne by the ENGINEER. This cost shall
be deducted from fees due the ENGINEER.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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EXHIBIT B -HOURLY RATES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
180020-ROQ Term Geotechnical Engineering Services
ENGINEERING SERVICES CONTRACT
SERIAL # 180020-ROQ
CONTRACT NO. 180020-ROQ
COMPANY NAME: NINYO & MOORE
(The following is the format for the fees schedule. Please add/delete applicable job classifications as may be
applicable to on-call/as required project work assignments).
DIRECT LABOR BILLING
STAFF CLASSIFICATION HOURLY RATE HOURLY RATE
Principal Engineer/Geologist/Environmental Scientist $58.77 $166.79
Senior Engineer/Geologist/Environmental Scientist $45.10 $127.99
Senior Project Engineer/Geologist/Environmental Scientist $35.58 $100.98
Project Engineer/Geologist/Environmental Scientist $31.41 $89.14
Senior Staff Engineer/Geologist/Environmental Scientist $31.25 $88.69
Staff Engineer/Geologist/Environmental Scientist $22.88 $64.93
Technical Illustrator/CAD Operator $18.67 $52.99
Data Processing, Technical Editing, or Reproduction $17.25 $48.96
Deputy Inspector $26.56 $75.38
Senior Field/Laboratory Technician $21.19 $60.14
Field/Laboratory Technician $14.25 $40.44
1 58 %Overhead
10 % Profit
[(Direct Labor Hourly Rate x 0/H Rate) + Direct Labor Hourly Rate] x Profit
% = Billing Hourly Rate
For example on a $71.94 direct labor hourly rate with an 0/H percentage of 138.64% and a 10% profit.
($71.94* 1.3864)=99.74
$71.94 + 99.74=$171.68
$171.68*1.10% (Profit) - --$188.85 (Billing Hourly Rate)
TERM -ENGINEERING SERVICES CONTRACT SERIAL NO. 180020-ROQ
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EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
Name of Prime Consultant/Contractor Contract No.
Contact Person Project No.
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If work
was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the
SBE firm.
SBE Firm Name SBE Firm Address Type of Work Perfoi lied $ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with respect to
this pay application/invoice.
Date:
Phone No.:
Printed Name
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EXHIBIT D - LEGAL WORKER CERTIFICATION
(NOTE: Please complete this form again if requested by the contracting officer)
(Date)
Maricopa County
Office of Procurement Services — Article 5
320 W. Lincoln Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after
September 30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to
comply with Arizona Revised Statutes § 23-214-A. The undersigned entity 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 the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or
sub-subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the
Contract, and is grounds for penalties, including termination of the Contract, by the County. The County
retains the right to inspect the records of the below entity, subcontractor and sub-subcontractor employee who
performs work under the Contract, and to conduct random verification of the employment records of the below
entity and any subcontractor and sub-subcontractor who works on the Contract, to ensure that the below entity
and each subcontractor and sub-subcontractor is complying with the warranties set forth above.
(Finn) (Address Line 1)
(Print Name) (Address Line 2)
(Print Title) (Phone)
(Signature Required) (Fax)
(Email Address) (Federal Taxpayer ID Number)
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EXHIBIT E
ALTERNATIVE DISPUTE RESOLUTION
1.1 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.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
1.5.1 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.
1.5.2 If the Engineer 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.
1.5.3 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.
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1.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the Engineer appointed arbitrator and a third arbitrator who
shall be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
1.5.5 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.
1.6 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.
1.7 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 infounation 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 infoiniation 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 confiiin or enforce such orders of the
Chair.
1.7.1 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.
1.7.2 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.
1.7.3 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.
1.7.4 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
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Term Geotechnical Engineering Services Page 32

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.
1.7.5 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.
1.7.6 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 A/E, OWNER and Project
Professionals shall not be joined as a party to any claim made by a Engineer. 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 Engineer cannot be joined to any
pending arbitration proceeding, without Engineer express written consent and unless Engineer
is given the opportunity to participate in the selection of the single arbitrator or non-County
appointed arbitrator.
1.7.7 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 Engineer 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 Engineer 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.
1.7.8 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.
1.7.9 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.
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1.7.10 Change Order. Any award in favor of the Engineer against the County or in favor of the
County against the Engineer 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.
1.7.11 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.
1.8 Inclusion in Other Contracts. The Engineer shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
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Ali/Igo& ilt1741 September 26, 2017
Proposal No. 12PHX02-01652
Geotechnical & Environmental Sciences Consultants
Maricopa County
Office of Procurement Services
320 W. Lincoln Street, 2nd Floor
Phoenix, Arizona 85003
Subject: Statement of Qualifications for Engineering Services
Serial # 180020-ROQ
Contract # 180020-ROQ
Term Geotechnical Engineering Services
Dear Selection Team Members:
Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a Minority Business Enterprise as
recognized by the National Minority Supplier Development Council, is pleased to submit our qualifications for your
review. It is our goal to be selected by Maricopa County to provide Geotechnical Engineering services for this
contract. Upon review of our submittal, we trust that you will find Ninyo & Moore is well qualified and experienced to
offer this service. We will bring the following benefits:
Response: Ninyo & Moore is willing and able to respond quickly to virtually any need. We are quite accustomed
to responding on little to no notice with the ability to staff a project with the properly qualified personnel. With
offices in Phoenix, Tucson, and Prescott Valley we are well positioned to service you in an efficient manner.
Laboratories: Ninyo & Moore laboratories are supervised by registered civil engineers and meet the general
requirements of ASTM E329, ASTM C1077, ASTM D3740, and ASTM D3666. Ninyo & Moore's testing
equipment is calibrated annually with equipment traceable to the National Institute of Standards and Technology
(NIST). Ninyo & Moore's testing laboratories are inspected and/or accredited by the Arizona Department of
Transportation (ADOT), American Association of State Highway and Transportation Officials (AASHTO), Cement
and Concrete Reference Laboratory (CCRL), the City of Phoenix, and the U.S. Army Corps of Engineers.
History: Ninyo & Moore was established in 1986 to help clients develop and implement innovative solutions to
geotechnical, environmental, and construction materials testing challenges. Ninyo & Moore has been providing
services to the Arizona market since 1998 and has worked on numerous projects throughout Arizona. Since
1998, we have provided our services to 8,200 projects throughout Arizona.
Ninyo & Moore appreciates the opportunity to submit our qualifications to perform the requested services and looks
forward to working with you. From principal staff through administrative and field personnel, Ninyo & Moore is
committed to providing your Management and its' staff members with a level of service that we hope goes above
and beyond expectations. If you have any questions or comments regarding the information provided within this
submittal, please contact either of the undersigned by phone or by email.
Sincerely,
NINYO & MOORE
Steven D. Nowaczyk, PE Steven T. Lorenzo
Managing Principal Engineer/Contract Manager Principal, Business Development
SNowaczyka,ninvoandmoore.com SLorenzoaninvoandmoore.com
3202 E. Harbour Drive I Phoenix, Arizona 85034 I ID. 602.243.1600 I www.ninyoandmoore.com

1. Prior Experience
We have extensive experience with projects similar in scope and complexity anticipated under the subject contract, including on-
call geotechnical services for municipal developments. We are experienced in all phases of design, construction, and
rehabilitation of such local, regional, and state developments as judicial and courthouse facilities, community centers, operations
centers, libraries, maintenance facilities, multi-use structures, and other public works projects. Ninyo & Moore's team of qualified
professionals has extensive experience performing services in accordance with the applicable municipal and building codes.
Our Arizona offices have completed over 8,200 projects with 5,545 projects completed within the Maricopa County limits. For 31
years, we have helped our clients develop and implement innovative solutions to geotechnical and construction materials testing
and inspection challenges on numerous as-needed and on-call contracts. We have successfully managed large,
multidisciplinary contracts for various local, state, and federal government agencies. Experience from our Arizona offices
including past and current on-call contracts include:
Maricopa County City of Peoria City of Glendale
Pinal County City of Goodyear City of Phoenix
Pima County City of Tempe City of Prescott
Yavapai County City of Casa Grande Town of Prescott Valley
Coconino County City of Tucson City of Maricopa
City of El Mirage City of Chandler MCDOT
City of Avondale ADOT Arizona Public Service
City of Mesa Salt River Project Bureau of Indian Affairs
The list below shows Ninyo & Moore's experience of the following facility types as detailed within the RFP:
Jail/Detention 85
Office/Administrative 66 313
Health/Laboratory 263 821
Court 21 32
Historic 8 52
Parking 542 1,007
Records Storage 10 32
Fabrications/Light Industrial 782 1,845
Comparable Projects include the following:
AAaricopa County, Southwest Regional Court Center I Court Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed a
geotechnical evaluation for the design and construction of the Southwest
Regional Court Center project in Avondale, Arizona. The project included
architectural and engineering design services for a new Justice Center of
approximately 60,000 square feet, housing Justice Courts and supporting
facilities, which includes the White Tanks Justice Court, Maryvale Justice Court,
Agua Fria Justice Court, and Country Meadows Justice Court. The purpose of
our evaluation was to assess the subsurface conditions at the site in order to
formulate geotechnical recommendations for design and construction.
b) Services: Our services for this project included reviewing available geologic maps and aerial photographs pertinent to the
project area; subsurface explorations; in-house laboratory testing; infiltration tests; and preparation of a geotechnical evaluation
report presenting our findings, conclusions, and recommendations regarding the design and construction of the project.
c) Budget: $13,500 Final: $13,500
d) Schedule: June 2013— July 2013 I Completed on schedule.
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Architekton, Joe Salvatore, 480-894-4637 I Additional information is located on Attachment 1 in
Appendix C.
Paradise Valley Municipal Courthouse I Court Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed geotechnical
services for the Paradise Valley Municipal Courthouse, located in Paradise Valley,
Arizona. The project consisted of the design and construction of a new 6,000 square foot
courthouse for the Town of Paradise Valley.
b) Services: Our geotechnical services included performing a geologic reconnaissance
of the project site and reviewing available background review documents pertinent to the
project; subsurface explorations; in-house laboratory testing; compiling and analyzing the
collected data; and preparation of a geotechnical evaluation report presenting our
findings, conclusions, and recommendations regarding the design and construction of the
project. We also provided construction materials testing services under a separate contract on this project.
c) Budget: $2,900 Final: $2,900
d) Schedule: November 2012— December 2012 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Dick & Fritsche Design Group, Bob Smith, 602-954-9060 I Additional information is located on
Attachment 1 in Appendix C.
Arizona State University Arizona Center for Law and Society I Court & Parking Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore was selected by Arizona
State University to conduct a geotechnical study for new construction of the Arizona
Center for Law and Society building to be located in downtown Phoenix, Arizona. The
purpose of our evaluation was to assess the subsurface conditions at the project site
in order to formulate geotechnical recommendations for design and construction. The
project included the design and construction of a five-story above ground and two-
story below ground (for parking) structure. The project scope is comprised of
instructional space in the form of lecture halls, classrooms, and seminar rooms, a
mock courtroom, law library, undergraduate instructional space, graduate student
space, institutes, centers, and clinics, space for the law journals, a law firm, and ancillary support spaces.
b) Services: Our scope of services included reviewing readily available geotechnical data, aerial photographs, and published
geologic literature, including maps and reports pertaining to the project site and vicinity; conducting a geologic reconnaissance
of the site; subsurface explorations; laboratory testing; and preparation of a geotechnical evaluation report presenting our
findings, conclusions, and recommendations regarding the design and construction of the project. We also provided construction
materials testing services under a separate contract on this project.
c) Budget: $20,305 Final: $20,305
d) Schedule: June 2013 —August 2013 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Ennead Architects, Tim Hartung, 212-807-7171 I Additional information is located on Attachment 1 in
Appendix C.
Town of Gilbert, Heritage District Parking Garage Parking Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed a geotechnical evaluation for the Gilbert Heritage Parking
Structure to be located at the end of the cul-de-sac on East Hearne Way in Gilbert, Arizona. The purpose of our evaluation was
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26,2017 2

to assess the subsurface conditions at the project site in order to develop geotechnical recommendations for design and
construction. This project consisted of the design and construction of a new parking structure which will accommodate
approximately 583 vehicles on four levels with a partial basement.
b) Services: Our services included background review; subsurface explorations; in-house laboratory testing; and preparation of
a geotechnical report presenting our findings, conclusions, and recommendations regarding the design and construction of the
project. We were recently selected to perform construction materials testing services on this project under a separate contract.
c) Budget: $12,500 Final: $12,500
d) Schedule: October 2016— February 2017 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: BWS Architects, Sue Gray, 480-980-9054 I Additional information is located on Attachment 1 in
Appendix C.
Mayo Clinic, South Tower Vertical Expansion Health Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed a geotechnical evaluation for the design and construction
of the Mayo Clinic Hospital South Vertical Expansion to be located at the southwest corner of the existing Mayo Clinic Hospital
building in Phoenix, Arizona. The purpose of our evaluation was to assess the subsurface conditions at the project site in order
to develop geotechnical recommendations for design and construction. The project included the design and construction of a 2-
story, 25,000 square foot expansion of the Mayo Clinic Hospital. Additionally, we have provided our services on over 105
projects at this Mayo Campus.
b) Services: Our services included background review; subsurface explorations; in-house laboratory testing; and preparation of
a geotechnical evaluation report presenting our findings, conclusions, and recommendations regarding the design and
construction of the project.
c) Budget: $8,500 Final: $8,500
d) Schedule: February 2017 —April 2017 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Mayo Clinic, Andy Baumanis, 480-342-0116 I Additional information is located on Attachment 1 in
Appendix C.
Banner Health Medical Office Building at Desert Ridge Health/Laboratory & Office Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed geotechnical, materials testing, and special inspection
services for the new Banner Health medical office building at Desert Ridge located in Phoenix, Arizona. The purpose of our
geotechnical evaluation was to assess the subsurface conditions at the project site in order to provide geotechnical
recommendations for design and construction. The project included the design and construction of a new single story, 30,000
square feet medical office building surrounded by paved parking and access areas. The new clinic will provide primary care
services, dermatology services with spa and laser treatments and X-ray imaging. It will have 30 exam rooms, an independent
laboratory and a conference room.
b) Services: Our geotechnical services included background review; analysis based on the previous boring and laboratory
information; and preparation of a geotechnical evaluation report presenting the results of the field and laboratory tests, and
providing the engineering parameters for design of the project and recommendations for construction. We also provided
construction materials testing services under a separate contract on this project.
c) Budget: $2,900 Final: $2,900
d) Schedule: June 2015— June 2015 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Ryan Companies, Braden Boll, 602-322-6199 I Additional information is located on Attachment 1 in
Appendix C.
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 3

Proposed Industrial Buildings Industrial Project
a) Scope, Schedule, Budget, Complexity: Ninyo & Moore performed a geotechnical evaluation for the proposed industrial
buildings located in Gilbert, Arizona. The purpose of our evaluation was to assess the subsurface conditions at the project site in
order to formulate geotechnical recommendations for design and construction. This project consisted of the design and
construction of multiple new industrial buildings on 47 acres of land along with the associated parking areas and drive aisles.
b) Services: Our services included reviewing readily available aerial photographs and published geologic literature, including
maps and reports pertaining to the project site and vicinity; subsurface explorations; in-house laboratory testing; performing field
percolation tests within the footprint of the site; and preparation of a geotechnical evaluation report presenting our findings,
conclusions, and recommendations regarding the design and construction of the project.
c) Budget: $3,900 Final: $3,900
d) Schedule: November 2013— December 2013 I Completed on schedule.
e) Dispute Resolution: There were no dispute resolutions with sub-consultants and others on this project.
f) Collaborative Interactions: There were no collaborative interactions on this project.
g) Client References: Trammell Crow, Ryan Norris, 602-285-3140 I Additional information is located on Attachment 1 in
Appendix C.
Additionally, to further highlight our experience with the County, Ninyo & Moore has provided services on the following Maricopa
County projects:
Maricopa County Sheriff Building Clerk of Superior Court Records Storage Facility
Durango Jail Complex, Multiple Buildings Maricopa County Court Tower (Geophysical Services)
Cave Creek Landfill Waste Transfer Station Hassayampa River Preserve Visitors Center
Maricopa County Sheriff's Office Evidence Yard Wall Maricopa County, On-Call CMT & Special Inspections
2. Key Team Members
Our highly qualified staff of over 400 includes more than 80 registered engineers, geologists, and environmental assessors. Our
Arizona operations have over 65 employees including 12 Professional Engineers and Geologists and approximately 53
professional, administrative, and field personnel. Ninyo & Moore pledges to complete every single project assignment in a
thorough and timely manner with special attention given to quality assurance, and cost effectiveness. Avram Ninyo, owner of
Ninyo & Moore, has prided himself and the firm on providing quality consulting and testing services to the public and private
sectors for the past 31 years.
Ninyo & Moore's strengths lie in the quality, diversity, and technical experience of its key personnel and staff, and in the personal
involvement of the principals. We maintain our exceptional reputation in the industry by providing high-quality technical expertise
while meeting difficult work schedules and budgetary goals. This is made possible through a methodical project management
approach and the ability to effectively utilize senior personnel for project management guidance.
Our key personnel are fully committed to providing the necessary resources for the successful completion of projects for the
County. They are highly qualified and experienced, possessing an excellent working knowledge of the required documents and
standards, such as the Maricopa Association of Governments Uniform Standard Specifications and Standard Details.
For this contract, Ninyo & Moore will designate Mr. Steven Nowaczyk, PE as the initial single point of contact for County
personnel on all service requests. At present, Steve provides this role for several of our current on-call contracts including our
contract with Pinal County, Yavapai County, Coconino County, and Flood Control District of Maricopa County. We feel it is
important for the County to develop a relationship with all pertinent Ninyo & Moore personnel associated with this contract, but
that it is even more important that the County has a "go-to" firm representative. Steve will handle all requests for geotechnical
services.
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 4

Steven D. Nowaczyk, PE Steve's geotechnical engineering experience includes performing and
Managing Principal Engineer! coordinating geotechnical investigations, monitoring field construction testing
Contract Manater activities, performing oversight services for geo-dynamic and geo-
investigation projects, providing field quality control support for construction
M.S., Geotechnical Engineering projects, conducting laboratory testing, and reviewing reports. He provides
B.S., Civil Engineering these services for a variety of project types including dams, highways,
'/ AZ Civil PE No. 34866 bridges, tunnels, treatment facilities, underground utilities, commercial and
18 Years Ninyo & Moore Experience industrial developments, production plants, airports, sports complexes,
• 27 Years of Experience
hospitals, and educational facilities. As Managing Principal Engineer for Ninyo
& Moore's Arizona operations, he oversees geotechnical investigations and
analyses; reviews and prepares soil and foundation reports and specifications; reviews and provides technical support to
engineers, geologists, technicians, and construction personnel; coordinates engineering research and development activities;
reviews and performs engineering calculations; and assists in business development.
Comparable Projects:
Southwest Regional Court Center 60,000 square feet 1 Month Principal Engineer
Stanfield Justice Courthouse 217,000 square feet 1 Month Principal Engineer
Dial Corporate Office Building 350,000 square feet 1 Month Principal Engineer
Mayo Clinic Proton Therapy Facility 122,000 square feet 6 Months Principal Engineer
Donald M. Tharp, PE Don directs, reviews, and oversees small to large private and public projects.
Principal Engineer He mentors junior staff; provides leadership, provides ongoing training to
engineering staff; provides direction and review of engineering work products;
B.S., Civil Engineering and reviews and signs geotechnical proposals and reports. He has a well-
B.A., English Literature rounded background in geotechnical engineering, strong work ethic, excellent
AZ Civil PE No. 61595 interpersonal and leadership skills, and a track record of successful client
2 Years Ninyo & Moore Experience relationships. His duties also include managing geotechnical projects and is
/ 33 Years of Experience responsible for meeting and interacting with clients; managing budgets;
coordinating and participating in field activities, such as logging of exploratory
excavations; evaluating geologic, geotechnical, and seismic hazards; performing engineering analyses, including liquefaction,
slope stability, and settlement analyses; and preparing geotechnical engineering proposals and reports.
Comparable Projects:
Hassayampa River Preserve Visitors Ctr. Unknown 2 Months Project Manager
Surprise Senior Center Parking Lot Unknown 1 Month Principal Engineer
Mayo Clinic, Cyclotron Building 5,000 square feet 1 Month Principal Engineer
Luke AFB Communications Facility 40,000 square feet 1 Month Project Manager
Kenneth Rush Ill, PE Ken manages geotechnical projects; prepares geotechnical reports and
Senior Geotechnical Ens ineer recommendations, and reviews plans and specifications; plans and prepares
/ M.S., Geotechnical Engineering site investigations; provides supervision of field investigations; assigns and
B.S., Civil Engineering reviews geotechnical laboratory testing data; provides recommendations for
V B.S., Physics shallow and deep foundations; evaluates field compliance with written
/ AZ Civil PE No. 62212 earthwork specifications. Mr. Rush provides these services for a variety of
/ 2 Years Ninyo & Moore Experience engineering projects such as geologic hazard evaluations, bridges, roadways,
12 Years of Experience railroads, transmission lines, power plants, reservoirs, dams and levees,
pipelines, parking structures, recreational park facilities, schools, government
facilities, commercial facilities, and industrial facilities.
Ninyo & Moore Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ 12PHX02-01652 I September 26,2017 5

Comparable Projects:
Eg
Pioneer Park Improvements 5 Acres + 2 Months Senior Project Engineer
52nd Street & Tapestry Canyon Fac. Unknown 4 Months Senior Project Engineer
Cox Facility Expansion 3,000 Square Feet 1 Month Senior Project Engineer
Four Corners Power Station 2,000 Square Feet 3 Months Senior Project Engineer
Marek J. Kasztalski, PE, LEED AP Marek manages major geotechnical projects related to new construction and
Senior Geotechnical Engineer upgrading of transportation facilities, buildings, flood retarding structures and
• M.S., Civil Engineering drainage improvements, energy related facilities, and wastewater treatment
AZ Civil PE No. 44704 plants. Mr. Kasztalski develops proposals and fee estimates. He also prepares
V 10 Years Ninyo & Moore Experience and reviews technical documents. Mr. Kasztalski has provided these services
vf 40 Years of Experience for a variety of project types including highways, bridge structures, airports,
tunnels, pathways, industrial tanks and reservoirs, pump stations, solar and
LNG farms, parks and recreational facilities, commercial and industrial
developments, automobile plants, sports complexes, hospitals, and educational facilities.
Comparable Projects:
Carl T. Hayden VA Dental Building 16,000 Square Feet 4 Months Senior Engineer
Tucson LNG Facility +1- 20 Acres 2 Months Senior Engineer
Marana Police Department Bldg. 50,000 Square Feet 6 months Senior Engineer
Sheriffs Administration Building Unknown 1 Month Senior Engineer
Sean C. Jacquemin, PE Sean's background includes experience in providing feasibility and detailed
Pro'ect En ineer design level engineering studies; geotechnical modeling using various
• M.S., Civil, Environmental, and Sustainable software platforms to perform slope stability, seepage, shear strength
Engineering reduction, and stress-deformation analyses; construction oversight and quality
• B.S., Civil Engineering assurance; and conducting geotechnical laboratory testing and field
• AZ Civil PE No. 64431 investigations. Mr. Jacquemin also has experience in project management for
1 Year Ninyo & Moore Experience geotechnical and construction materials testing. He is currently responsible for
• 8 Years of Experience review of field inspections, laboratory testing, and material submittals,
performing calculations for geotechnical design, preparing and issuing reports
and take-offs, managing project budgets, and project coordination.
Comparable Projects:
Banner Health Medical Office Bldg. 28,000 Square Feet 6 Months Project Engineer
Dodgers Facility Improvements Unknown 1 Month Project Engineer
The Willa — Precondition Survey Unknown 1 Month Project Engineer
Katerra Industrial Improvements 5,000 Square Feet + 1 Month Project Engineer
For additional qualifications and experience of each key personnel identified above, please see their resumes included in
Appendix A.
a.) Organizational Chart
b.) Example Projects
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 6

Example Projects
Steven D. Nowaczyk, PE Managing Principal/Contract Manager mminimm.a.
Kenneth Rush III, PE Senior Geotechnical Engineer mum=
Marek J. Kasztalski, PE Senior Geotechnical Engineer
Donald M. Tharp, PE Principal Engineer •itimmin
Sean C. Jacquemin, PE Project Engineer lull'..-
City of Peoria, On-Call Materials Testing and
Geotechnical Services City of Buckeye, Roosevelt Wastewater Collection Improvements
MCDOT, El Mirage Road Improvements: Northern City of Phoenix, Flower Street Storm Drain
Avenue to Cactus Avenue
Flood Control District of Maricopa County, Lower El City of Marana Police Department Building
Mirage Wash Basin and Bool Park
City of El Mirage, El Mirage City Hall Building City of Surprise, Surprise South Water Reclamation Facility, Spa-
1 2nd Centrifuge
City of Mesa, Central Arizona Project (CAP) Raw 10 City of Glendale, 91st Avenue and Maryland Avenue Intersection
Water Pipeline Improvements
3. Arizona Business License &
Capabilities of Arizona Office
Ninyo & Moore is licensed to perform work in the State of Arizona - license number 20067674. Our highly qualified staff of over
400 includes more than 80 registered engineers, geologists, and environmental assessors. Our Arizona operations have over 65
employees including 12 Professional Engineers and Geologists and approximately 53 professional, administrative, and field
personnel.
Licenses & Registrations: Arizona Technical Board of Registration (License No. 10836), the Arizona Registrar of Contractors
(License No. 206210), the Arizona Corporation Commission (F-1186382-5) and State of Arizona Tax License (number
20067674)
Ninyo & Moore's Arizona operation generally works on 250 to 300 projects per year. Many of these projects are through our
various on-call contracts with agencies noted in section 1 of this proposal. Through our current contract with Maricopa County,
we believe we are well versed in working with the County.
Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a Minority Business Enterprise as MIECELIZMISIIMIta
recognized by the National Minority Supplier Development Council, is an ENR Top 500 Design Firm, which ENR
was established to provide geotechnical and environmental engineering, soil and materials testing, and
inspection services to clients in the governmental (federal, state, and local), commercial, and private TOP 500
sectors. Ninyo & Moore has fully equipped and certified in-house testing laboratories that offer full-service
field and laboratory services for geotechnical design, and soil and materials testing projects. Over the last RANKED #2C1
31 years we have become very experienced at managing on-call, quick-response contracts for public 2017
agencies.
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 7

Since establishment of the firm in 1986, Ninyo & Moore has provided geotechnical engineering, geologic, hydrogeologic, soil
and materials testing and inspection, special inspections, and environmental consulting services on projects throughout the
southwestern United States.
Ninyo & Moore Geotechnical & Environmental Sciences Consultants was established in 1986 as a minority owned business en-
terprise in order to provide the highest quality consulting service in geotechnical engineering, construction inspection and
testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessments. Ninyo & Moore's
client base is diverse, including the governmental (federal, state, and local), commercial, and private sectors. Ninyo & Moore
has helped clients develop and implement innovative solutions to geotechnical and environmental challenges for 31 years.
Our areas of expertise include, but are not limited to, the following:
• geotechnical engineering • asbestos and lead-based paint surveys, abatement
• engineering geology planning and monitoring
• earthquake engineering • phase I environmental site assessments
• geophysical surveys • subsurface (phase II & phase III) soil and groundwater
• fault evaluations contaminant assessments
• feasibility evaluations • underground storage tank services
• forensic studies mi remediation, planning and implementation
• value engineering • risk assessments and feasibility studies
• pavement condition surveys/pavement design • brownfields redevelopment
• construction observation and inspection • indoor air quality assessments
• soil and materials testing • mold and moisture evaluations
In an effort to lessen our carbon footprint and significantly reduce our dependence on paper reporting, Ninyo & Moore utilizes
Dropbox, the cloud based document storage platform. Dropbox allows us to upload field inspection and testing, and laboratory
test data in real time. Field and inspection staff are each equipped with laptop computers allowing them to enter inspection and/or
test results on the appropriate forms while still on-site. The report form(s) are then uploaded to the repository in a predetermined
folder from which our project managers are able to immediate retrieve and review the reports. Once approved, our project man-
ager releases the reports to the appropriate project folder "subfolder such as the daily field report folder, laboratory report folder,
non-compliance report folder, etc.
The benefits:
' It provides our work force with easy authorized remote access to documents and enables communication and collaboration
between departments, disciplines and geographic locations.
It provides our clients and employees' 24-hour, 7 days-a-week secure on-site and remote access to project related reports,
laboratory data, and other information.
/ Clients are given a login and password to be able to access these reports from their desktop, laptop, or even mobile device.
V Versioning — i.e. if a document is changed, the ability to view the original document is ensured.
Secured 3rd party hosting allows for data retrieval at any time or anywhere internet access is available.
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 8

▪ ▪ •
Forensic Services
Ninyo & Moore has extensive experience providing defense and plaintiff expert witness services, including attending mediations
and depositions, providing expert witness testimony, providing consultation services, and directing the initial forensic evaluation
which may involve site reconnaissance, floor level (manometer) surveys, subsurface exploration, and geotechnical laboratory
testing.
Senior Ninyo & Moore personnel frequently provide litigation and expert witness services. Our experienced expert witnesses
have worked with attorneys representing developers, contractors, homeowners' associations, and individual property owners, as
well as with mediators providing third party consultant testimony. Qualifications of our experts include:
• Strong technical qualifications. Our experts have advanced degrees, certifications and registrations, many years of experi-
ence, are published in their fields, and are held in esteem by their peers.
▪ Credibility. Our experts are active in the day-to-day practice of their trade, not just in forensic studies and court testimony.
▪ Strongly impartial. Our services are sought by both plaintiff and defense attorneys. Our testimony is built on the strengths of
a thorough and objective evaluation.
• Court presence. Our experts have excellent courtroom skills, are skilled in communication, and present a calm and positive
demeanor.
• Superior exhibits. Ninyo & Moore utilizes state-of-art computer equipment along with trained graphic artists to present excel-
lent graphics for courtroom presentations. Our presentations have been a determining factor in many trials.
Ninyo & Moore has performed numerous geotechnical studies on behalf of Law Firms, Insurance Companies, Agencies and
Commercial and Residential Property Owners. Typically, our services are retained to investigate earth movement and other
geotechnical problems that may occur within a building or a building complex such as:
• Cracked slabs/foundations Pipe corrosion/leakage • Basement seepage
• Soil settlement • Concrete corrosion Pavement distress
▪ Expansive soils Landslides/slope movement • Erosion
• Retaining wall failure Mildew problems
Geophysical Services
The Geophysical Services Group provides subsurface exploration services utilizing state-of-the-art geophysical equipment and
methods, including GPR, Seismics, Magnetics, Terrain Conductivity, and Electrical Resistivity. Ninyo & Moore has performed nu-
merous geophysical evaluations on behalf of municipalities, public agencies, private owners, insurance companies, and law firms.
Our geophysical services provide methods for non-destructive evaluation of subsurface issues, as well as various building com-
ponents. These geophysical exploration methods have a wide range of applications, which assist our clients with site
characterization. The following table presents tasks that the Geophysical Services Group is capable of performing.
Ground T r j aecLrlcal
Applications Penetrating Seismics Magnetics • ,
Radar
mca dies
Characterize subsurface geology • * • * *
Evaluate depth to bedrock • 4 * •
Evaluate depth to groundwater
Evaluate shear wave velocity *
Locate faults 4 * 4
Evaluate soil corrosivity . *
Locate rebar in concrete 4.
Map shallow stratigraphic units
Evaluate rippability o
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 9

_
Ground Terrain Electrical
Applications Penetrating Seismics Magn
Radar Conductivity Resistivi
Map underground utilities * +
Locate voids * + *
Monitor ground vibrations +
(during blasting, pile driving, etc.)
Locate buried storage tanks + + +
Locate underground pipes + * +
Map landfill boundaries
Locate previously excavated areas + + *
Locate buried drums * + +
Locate buried ferromagnetic objects + *
Locate buried non-ferrous objects *
Delineate drilling-mud pits + 4 *
Map leachate plumes + + *
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 1 0

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Steven D. Nowaczyk, PE
Managing Principal Engineer
Mr. Nowaczyk has over 27 years of geotechnical engineering experience including
performing and coordinating geotechnical investigations, monitoring field construction
testing activities, performing oversight services for geo-dynamic and geo-investigation
projects, providing field quality control support for construction projects, conducting
laboratory testing, and reviewing reports. Mr. Nowaczyk provides these services for a
variety of project types including dams, highways, bridges, tunnels, treatment facilities,
underground utilities, commercial and industrial developments, production plants,
airports, sports complexes, hospitals, and educational facilities. As Managing Principal
Engineer for Ninyo & Moore's Arizona operations, Mr. Nowaczyk oversees
geotechnical investigations and analyses; reviews and prepares soil and foundation
reports and specifications; reviews and provides technical support to engineers,
YEARS OF EXPERIENCE geologists, technicians, and construction personnel; coordinates engineering research
Total Years of Experience: 27 and development activities; reviews and performs engineering calculations; and
Years with Ninyo & Moore: 18 assists in business development.
EDUCATION EXPERIENCE
M.S., Geotechnical Engineering, 1994,
University of Michigan Maricopa County, Southwest Regional Court Center, Avondale, Arizona:
B.S., Civil Engineering, 1990, Michigan Principal Engineer during geotechnical services for the design and construction of the
State University Southwest Regional Court Center project in Avondale, Arizona. The project included
architectural and engineering design services for a new Justice Center of
REGISTRATIONS AND approximately 60,000 square feet, housing Justice Courts and supporting facilities,
CERTIFICATIONS which includes the White Tanks Justice Court, Maryvale Justice Court, Agua Fria
PE 34866 (Arizona) Justice Court, and Country Meadows Justice Court. The project consisted of a new
PE 19584 (New Mexico) single-story building, paved parking and access areas, retaining walls, and storm
PE 42018 (Colorado) water retention basins.
PE 42103 (Michigan)
National Council of Examiners for Pine! County, City of Maricopa Stanfield Justice Courthouse, Maricopa,
Engineering and Surveying 36667 Arizona: Principal Engineer during geotechnical services for the Maricopa Stanfield
Justice Court project located in Maricopa, Arizona. The project consisted of the
PROFESSIONAL design and construction of a proposed single-story court building, 217,000 square
AFFILIATIONS feet in size. We also provided construction materials testing services on this project.
American Council of Engineering
Companies Dial Corporate Office Building, Scottsdale, Arizona: Principal Engineer during
American Society of Civil Engineers geotechnical services for the Dial Corporate Office Building located in Scottsdale,
American Society of Professional Arizona. The new four-story Dial Corporate Headquarters is LEED certified and
Engineers consisted of close to 350,000 square feet of mixed-use development with retail,
Association of State Dam Safety Officials residential, office, and research and development laboratories, as well as four levels
of underground parking garage for 1,000 vehicles. The iconic building features wet
laboratories for product development, FDA and EPA sanctioned pilot plants to simulate product manufacturing processes,
think-tank spaces, conference and training facilities, a full-service cafeteria and food service facility, a fitness center, green
roof gardens and sustainable design throughout. We also provided construction materials testing services on this project.
Mayo Clinic Proton Therapy Facility, Phoenix, Arizona: Principal Engineer during geotechnical services related to the
design and construction of a new Proton Therapy Facility located on the Mayo Clinic Hospital campus in Phoenix, Arizona.
The Facility includes a multi-story building approximately 122,000 square feet with additional vertical and horizontal
expandability. The building will initially be constructed with two above-grade levels, but could be expanded to accommodate
up to 18 above-grade levels. The building will support a four gantry and one fixed beam proton therapy system and its clinical
support functions. There will be two levels below grade, with one partial level above grade.
Steven D. Nowaczyk, PE I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Donald M. Tharp, PE
Principal Engineer
Don directs, reviews, and oversees small to large private and public projects. He mentors
junior staff; provides leadership, provides ongoing training to engineering staff; provides
direction and review of engineering work products; and reviews and signs geotechnical
proposals and reports. He has a well-rounded background in geotechnical engineering, strong
work ethic, excellent interpersonal and leadership skills, and a track record of successful client
relationships. His duties also include managing geotechnical projects and he is responsible for
meeting and interacting with clients; managing budgets; coordinating and participating in field
activities, such as logging of exploratory excavations; evaluating geologic, geotechnical, and
seismic hazards; performing engineering analyses, including liquefaction, slope stability, and
settlement analyses; and preparing geotechnical engineering proposals and reports.
EXPERIENCE
YEARS OF Ek ERIENCE Maricopa County, Hassayampa River Preserve Visitors Center, Wickenburg, Arizona:
Total Years of Experience: 33 Project Manager during geotechnical and geophysical services for the proposed facilities
Years with Ninyo & Moore: 2 improvements to the Visitor's Center at the Hassayampa River Preserve located near
EDUCATION Wickenberg, Arizona. The purpose of our evaluation was to assess the subsurface
conditions at the project site in order to provide geotechnical recommendations for design
B.S., Civil Engineering, 1984, University of and construction of the Visitor's Center improvements, as well as to perform a geophysical
Arizona
evaluation of the erodibility of the east bank of the Hassayampa River channel. The
B.A., English Literature, 1978, University of improvements consisted of the installation of a pre-cast concrete restroom facility, expansion
Arizona of the existing septic leach field area, minor widening of the entry and parking access drives,
REGISTRATIONS and expansion of the existing un-paved parking areas.
PE 61595 (Arizona) Town of Gilbert, Heritage District Parking Garage, Gilbert, Arizona: Principal Engineer
PE 46432 (California) during geotechnical services for the Gilbert Heritage Parking Structure to be located in
Gilbert, Arizona. The purpose of our evaluation was to assess the subsurface conditions at
PROFESSIONAL the project site in order to develop geotechnical recommendations for design and
AFFILIATIONS construction. This project consisted of the design and construction of a new parking structure
American Society of Civil Engineers which will accommodate approximately 583 vehicles on four levels with a partial basement.
Luke Air Force Base Communications Facility, Glendale, Arizona: Principal Engineer
during geotechnical and geophysical services for the proposed Luke Air Force Base
Communications Facility in Glendale, Arizona. The purpose of our subsurface exploration was to evaluate the underlying soil conditions
as they relate to the construction of the proposed Luke Air Force Communications Facility and provide geotechnical data and
recommendations for use in the design process. The project included the design and construction of a new, 38,090 square foot
communications facility composed of a central shared staff and equipment structure, administrative support buildings, the associated
underground utilities, paved access roads, parking areas and related peripheral improvements.
Palm Valley Professional Plaza, Goodyear, Arizona: Principal Engineer for an initial forensic geotechnical evaluation for Buildings 1,
2, and 3 within the Palm Valley Professional Plaza located in Goodyear, Arizona. The purpose of our services was to evaluate existing
distresses within the building and to review and comment on documents pertaining to the design, construction, and repair
recommendations for the facility. The approximate area of Building 1 is 3,850 square feet, Building 2 is 8,835 square feet, and Building 3
is 3,850 square feet. His responsibilities included reviewing the results of the Plaintiff's experts' forensic evaluation and allegation report
and present our response; review pre-construction reports, construction plans, specifications, construction reports, and post-construction
reports; and preparation of a response letter report for each building presenting our response to possible distress of the slab on grade
and foundations pertaining to alleged settlement and expansion of the subgrade soils due to moisture infiltration.
Donald M. Tharp, PE I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ ROQ j 12PHX02-01652 I September 26, 2017

Kenneth Rush III, PE
Principal Engineer
As a Senior Project Engineer for Ninyo & Moore, Mr. Rush manages geotechnical
projects; prepares geotechnical reports and recommendations, and reviews plans and
specifications; plans and prepares site investigations; provides supervision of field
investigations; assigns and reviews geotechnical laboratory testing data; provides
recommendations for shallow and deep foundations; evaluates field compliance with
written earthwork specifications. Mr. Rush provides these services for a variety of
engineering projects such as geologic hazard evaluations, bridges, roadways,
railroads, transmission lines, power plants, reservoirs, dams and levees, pipelines,
parking structures, recreational park facilities, schools, government facilities,
commercial facilities, and industrial facilities.
YEARS OF EXPERIENCE
Total Years of Experience: 12 EXPERIENCE
Years with Ninyo & Moore: 2
City of Phoenix, Verde Water Treatment Plant Facilities Demolition, Scottsdale,
EDUCATION Arizona: Project Manager for geotechnical services during the design phase for the
M.S., Geotechnical Engineering, 2007, Verde Water Treatment Plant facilities demotion design services located in
Illinois Institute of Technology Scottsdale, Arizona. The Verde Water Treatment Plant is located near the confluence
B.S., Civil Engineering, 2004, University of the Salt and Verde Rivers on land leased from the Salt River Pima-Maricopa
of Illinois at Urbana-Champaign
Indian Community. The demolition of the VWTP included removing all the structures
B.S. Physics, 2004 (dual degree), Illinois and then restoring the site to near 'original condition'. His responsibilities included
College
conducting a geotechnical reconnaissance of the property and preparation of a
REGISTRATION geotechnical report.
PE 62212 (Arizona)
Town of Gilbert, Gilbert New Regional Park, Master/Concept Plan, Gilbert,
PE 11011796 (Indiana) Arizona: Project Manager for a geotechnical evaluation for the proposed Gilbert New
Regional Park, Master/Concept Plan project, to be located at Chandler Heights Basin
PROFESSIONAL
in Gilbert, Arizona. The purpose of our evaluation was to assess the subsurface
AFFILIATIONS conditions at the project site in order to formulate geotechnical recommendations for
American Society of Civil Engineers design and construction. The project will generally consist of the development of a
Geo-Institute (G-I)
211 acre site, the construction of a parking lot, sports fields, ramadas, playgrounds,
restrooms, storage areas, picnic/event/festival spaces, concessions, sports courts,
recreation center, aquatic center/pool, splash pad, lake, and an amphitheater and major infrastructure. His responsibilities
included reviewing readily available aerial photographs and published geologic literature, including maps and reports
pertaining to the project site and vicinity; subsurface explorations; laboratory testing; and preparation of a geotechnical
evaluation report presenting our findings, conclusions, and recommendations regarding the design and construction of the
project.
City of Mesa, CAP Raw Water Pipeline, Mesa, Arizona: Project Manager for a geotechnical evaluation for the City of Mesa
Central Arizona Project (CAP) Raw Water Pipeline project located at Elliot Road from Signal Butte Road to the CAP Canal in
Mesa, Arizona. The purpose of our evaluation was to assess the subsurface conditions at the site in order to formulate
geotechnical recommendations for design and construction of the project. The project consisted of the design and construction
of a new 54-inch diameter raw water pipeline with a total length of about 3 miles. The scope of our services for the project
included performing geologic research by reviewing readily available published and in-house geotechnical literature of the site
and the general site area including geologic maps; conducting a walking visual reconnaissance of the project area; subsurface
explorations; in-house laboratory testing; and preparation of a geotechnical evaluation report presenting our findings,
conclusions, and recommendations regarding the design and construction of the project.
Kenneth Rush, PE I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2011

Marek J. Kasztals PE, PMP, LEED AP
Senior Geotechnical Engineer
As a Senior Geotechnical Engineer, Mr. Kasztalski has a Master's degree in Civil
Engineering from the Warsaw Technical University. Mr. Kasztalski manages major
geotechnical projects related to new construction and upgrading of transportation facilities,
buildings, flood retarding structures and drainage improvements, energy related facilities,
and wastewater treatment plants. Mr. Kasztalski develops proposals and fee estimates. He
also prepares and reviews technical documents. Mr. Kasztalski has provided these services
for a variety of project types including highways, bridge structures, airports, tunnels,
pathways, industrial tanks and reservoirs, pump stations, solar and LNG farms, parks and
recreational facilities, commercial and industrial developments, automobile plants, sports
complexes, hospitals, and educational facilities.
EXPERIEIICE
YEARS OF EXPERIENCE City of Maricopa Municipal Complex, Maricopa, Arizona: Project Manager during a
geotechnical evaluation for the design and construction of the drainage wash and site
Total Years of Experience: 39
grading for the new Maricopa Municipal Complex. Responsible for a visual geologic
Years with Ninyo & Moore: 10 reconnaissance of the project area and review of available geologic literature, topographic
EDUCATION information, and aerial photographs of the project site; drilling, logging, and sampling
NA.s., Civil Engineering, 1978, Warsaw exploratory borings; laboratory testing on selected samples obtained from the borings; and
Technical University preparation of a geotechnical report presenting findings, conclusions, and recommendations
regarding excavation characteristics, safe side slopes, subgrade support, pavement design
REGISTRAI IC recommendations for the main access road, backfill criteria, and the re-use of on-site soils for
CERTIFICATIC engineered fill. The purpose of the project was to design and construct a new surface water
PE 44704 (Arizona) run-off channel located on the west side of the site about 4 to 5 feet deep. In addition, the
PMP 1203712 remainder of the site (about 20 acres) was raised, using the soil that was removed from the
channel by up to about 3 feet.
LEED Accredited Professional
Coolidge Civic Complex, Coolidge, Arizona: Project Manager during a geotechnical
PROFESSIONAL evaluation for the design and construction of the new Coolidge Civic Complex located at the
AFFILIATIONS northeast corner of Main Street and Central Avenue in Coolidge, Arizona. Mr. Kasztalski was
American Society of Civil Engineers responsible for geologic reconnaissance of the site; geotechnical exploration, which included
Arizona Society of Professional drilling of exploratory borings; laboratory testing of selected samples, pavement design, and
Engineers for earthwork factors during construction; and preparation of a geotechnical report that
Project Management Institute presented field procedures and provided a discussion on the geologic setting and potential
Society of American Military Engineers geologic hazards as well as recommendations for design and construction. The development
included the main 3-story complex building with the Main Library, a 3-story parking structure,
Society of Mining, Metallurgy and other one-story buildings, parking and driveway areas with associated walkways, landscaping
Exploration and underground utilities.
City of Marana Police Department Building, Marana, Arizona: Project Manager during a
geotechnical evaluation for the Marana Police Department project located in Marana, Arizona. The purpose of our evaluation was to
assess the subsurface conditions at the project site in order to provide geotechnical recommendations for design and construction. The
project included the design and construction of a new Police facility consisting of a two-story 50,000 square foot. Our services included
reviewing available topographic information, soil surveys, geologic literature, and aerial photographs of the project area; conducting a
visual reconnaissance; subsurface explorations; infiltrometer testing; in-house laboratory testing; and preparation of a geotechnical
evaluation report presenting our findings, conclusions, and recommendations regarding the proposed design and construction.
Marek Kasztalski, PE, PMP, LEED AP I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Sean C. Jacquemin, PE
Project Engineer
Mr. Jacquemin's background includes experience in providing feasibility and detailed
design level engineering studies; geotechnical modeling using various software plat-
forms to perform slope stability, seepage, shear strength reduction, and stress-
deformation analyses; construction oversight and quality assurance; and conducting
geotechnical laboratory testing and field investigations. Mr. Jacquemin also has expe-
rience in project management for geotechnical and construction materials testing. He
is currently responsible for review of field inspections, laboratory testing, and material
submittals, performing calculations for geotechnical design, preparing and issuing
reports and take-offs, managing project budgets, and project coordination.
EXPERIENCE
Palm Lane and 78th Avenue, Mesa, Arizona: Project Engineer during a geotech-
YEARS OF EXPERIENCE nical evaluation for the proposed storm drain that runs along Palm Lane, 1,000 feet
Total Years of Experience: 8 west of Hawes Road to 78th Street and along 78th Street from Palm Lane to
Years with Ninyo & Moore: 1 McDowell Road in Mesa, Arizona. The purpose of our evaluation was to assess the
EDUCATION subsurface conditions at the project site in order to develop geotechnical recommen-
Nis., Civil, Environmental, and Sustaina- dations for design and construction. A segment of Palm Lane and 78th Street was
ble Engineering, 2011, Arizona State experiencing drainage problems during rainstorms due to poor drainage along the
University roadway. The new storm drain installation included excavating trenches along the
B.S., Civil Engineering, 2009, Arizona roadway to depths of 4 to 6 feet below the existing ground surface for the placement
State University of storm drain pipes. Our services included reviewing readily available aerial photo-
graphs and published geologic literature, including maps and reports pertaining to the
REGISTRATIONS AND project site and vicinity; conducting a visual geologic reconnaissance; coring of the
CERTIFICATIONS existing asphalt pavement; subsurface explorations; in-house laboratory testing; and
PE 64431 (Arizona) preparation of a geotechnical evaluation report presenting our findings, conclusions,
24-Hour Mine Safety and Health Admin- and recommendations regarding the design and construction of the project.
istration Certification
40-Hour OSHA HAZWOPER Mammoth Leach Pad CQA, Silver Bell Mining L.L.C., ASACRO, Marana, Arizo-
8-Hour OSHA HAZWOPER Refresher na: Performed earthwork and liner installation QA for the Mammoth Leach Pad
project at the Silver Bell Mine in Southern Arizona. Tasks included oversight of con-
PROFESSIONAL struction activities including mass grading and GCL and geomembrane installation,
AFFILIATIONS verification of construction material including geosynthetics, solution collection pipe,
American Society of Civil Engineers bedding, and overliner drain fill. Attended weekly and project specific meeting with
Association of Engineering Geologists the contractor, construction manager, and client representatives. Prepared daily re-
ports and transmittals and responded to RFI's.
City of Mesa, CAP Raw Water Pipeline, Mesa, Arizona: Project Manager during materials testing services for the City of
Mesa Central Arizona Project (CAP) Raw Water Pipeline project located at Elliot Road from Signal Butte Road to the CAP
Canal in Mesa, Arizona. The project consisted of the design and construction of a new 54-inch diameter raw water pipeline
with a total length of about 3 miles. Our materials testing services included observation, testing, and sampling during the
placement of soil, aggregate, and concrete; in-house laboratory testing of soils, aggregates, and concrete; concrete
placement inspection; soil compaction testing and inspection; subbase and base materials testing and inspection; and
project management, data processing, and report review services of field and laboratory testing reports. We also provided
geotechnical services on this project.
Sean Jacquemin, PE I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ ROQ I 12PHX02-01652 I September 26, 2017

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Managing Principal Engineer/
Contract Manager
Senior Geotechnical Engineer
Project Engineer
Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Attachment 1 - Reference Format
1. Company Name: Architekton
Address: 464 S. Farmer Avenue, Suite 101, Tempe, AZ 85281
Phone Number: 480.894.4637
Facsimile Number: 480.894.4638
Person to Contact: Joe Salvatore
(Email Address): joesalvatore@architekton.com
Owner's Bid # or Project #: NA
Date of Completion: July 2013
Brief Project Description: Ninyo & Moore performed a geotechnical evaluation for the design and
construction of the approximate 60,000 square foot Southwest Regional Court Center pro-
ject in Avondale, Arizona. The owner was Maricopa County.
2. Company Name: Dick & Fritsche Design Group
Address: 4545 E. McKinley Street, Phoenix, Arizona, 85008
Phone Number: 602.954.9060
Facsimile Number: NA
Person to Contact: Bob Smith
(Email Address): bsmith@dfdg.com
Owner's Bid # or Project #: NA
Date of Completion: December 2012
Brief Project Description: Ninyo & Moore performed geotechnical services for the Paradise Valley Municipal Court-
house, located in Paradise Valley, Arizona. The project consisted of the design and
construction of a new 6,000 square foot courthouse. The owner was the Town of Paradise
Valley.
3. Company Name: Ennead Architects
Address: 320 West 13th Street, Manhattan, New York, 10014
Phone Number: 212.807.7171
Facsimile Number: 212.807.5917
Person to Contact: Tim Hartung
(Email Address): thartung@ennead.com
Owner's Bid # or Project #: NA
Date of Completion: August 2013
Brief Project Description: Ninyo & Moore was selected by Arizona State University to conduct a geotechnical study
for new construction of the Arizona Center for Law and Society building to be located in
downtown Phoenix, Arizona. Ninyo & Moore was contracted through Ennead for this pro-
ject which consists of a five-story above grade, two-story below grade structure. Arizona
State University was the owner.
4. Company Name: BWS Architects
Address: 341 East Camelback Road, Phoenix, Arizona, 85012
Phone Number: 480.980.9054
Facsimile Number: NA
Person to Contact: Sue Gray
(Email Address): sgray@bwsarchitects.com
Owner's Bid # or Project #: NA
Date of Completion: February 2017
Ninyo & Moore I Maricopa County, Terri Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Brief Project Description: Ninyo & Moore performed a geotechnical evaluation for the Gilbert Heritage Parking Struc-
ture to be located at the end of the cul-de-sac on East Hearne Way in Gilbert, Arizona. The
purpose of our evaluation was to assess the subsurface conditions at the project site in or-
der to develop geotechnical recommendations for design and construction. The Town of
Gilbert was the owner.
5. Company Name: Mayo Clinic
Address: 5777 East Mayo Blvd., Phoenix, Arizona, 85054
Phone Number: 480.301.8000
Facsimile Number: NA
Person to Contact: Andy Baumanis
(Email Address): baunianis.andy@mayo.edu
Owner's Bid # or Project #: NA
Date of Completion: April 2017
Brief Project Description: Ninyo & Moore performed a geotechnical evaluation for the design and construction of the
Mayo Clinic Hospital South Vertical Expansion to be located at the southwest corner of the
existing Mayo Clinic Hospital building in Phoenix, Arizona. This will be a two-story 25,000
square foot addition. The owner was Mayo Clinic.
6. Company Name: Ryan Companies
Address: 3900 East Camelback Road, Suite 100, Phoenix, Arizona, 85018
Phone Number: 602.322.6100
Facsimile Number: NA
Person to Contact: Braden Bott
(Email Address): braden.bott@ryancompanies.com
Owner's Bid # or Project #: NA
Date of Completion: June 2015
Brief Project Description: Ninyo & Moore performed a geotechnical evaluation for the new Banner Health medical
office building at Desert Ridge located in Phoenix, Arizona. This is a single-story medical
office building. Ryan Companies is the developer; Banner Health will be the end user.
7. Company Name: Trammell Crow
Address: 2231 East Camelback Road, Suite 102, Phoenix, Arizona, 85016
Phone Number: 602.222.4000
Facsimile Number: NA
Person to Contact: Ryan Norris
(Email Address): rnorris@trammellcrow.com
Owner's Bid # or Project #: NA
Date of Completion: December 2013
Brief Project Description: Ninyo & Moore performed a geotechnical evaluation for the proposed industrial buildings
located in Gilbert, Arizona. This project consisted of the design and construction of multiple
new industrial buildings on 47 acres of land along with the associated parking areas and
drive aisles. Trammell Crow was the owner.
Ninyo & Moore Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017 2

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Maricopa County Bid 180020-ROO
Attachment 2- LEGAL WORKER CERTIFICATION
September 26, 2017
(Date)
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (2nd Floor)
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after September
30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with Arizona
Revised Statutes § 23-214-A. The undersigned entity 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 the
below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or sub-
subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the Contract,
and is grounds for penalties, including termination of the Contract, by the County. The County retains the right to
inspect the records of the below entity, subcontractor and sub-subcontractor employee who performs work under the
Contract, and to conduct random verification of the employment records of the below entity and any subcontractor
and sub-subcontractor who works on the Contract, to ensure that the below entity and each subcontractor and sub-
subcontractor is complying with the warranties set forth above.
Ninyo & Moore 3202 East Harbour Drive
(Firm) (Address Line 1)
Steven T. Lorenzo Phoenix, Arizona 85034
(Print Name) (Address Line 2)
Principal / Business Development Manager 602.243.1600 ext. 16231
(Print Title) (Phone)
602.243.2699
(Signature Required) (Fax)
slorenzo@ninyoandmoore.com 33-0269828
(Email Address) (Federal Taxpayer ID Number)
Request For Quali/icauons for Engineering Services Page 18
Tenn Geotechnical Engineering Services Serial# 1 020-ROQ
9/7/2017 8:37 AM p. 21

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Maricopa County Bid 180020-ROQ
Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of Ninyo & Moore (firm name), I submit that the named firm is applying for the
marked engineering fields listed below. I further certify that those fields of engineering are provided by the named
firm in-house and are not supplied by the use of outside sub-consultants. I further submit and certify that my firm
has the appropriate licenses and registrations as required under Arizona Statute.
GEOTECFINICAL ENGINEERING
Steven T. Lorenzo
Printed
Principal/Business Development Manager
Title
September 26, 2017
Date
Request For Qualifications for Engineering Services Page 19
Term Geotechnical Engineering Services Serial4 180020-ROQ
9/712017 8:37 AM p.22

Ninyo & Moore I Maricopa County, Term Geotechnical Engineering Services, Contract #180020-ROQ I 12PHX02-01652 I September 26, 2017

Maricopa County Bid 180020-ROQ
Attachment 4 - NON COLLUSION AFFIDAViT
STATE OF ARIZONA
)fi
COUNTY OF MARICOPA
being first duly sworn, deposes and says:
That he is Principal/Business Development Mgr. of Ninyo & Moore
(Title) (Name of Business)
bidding on 180020-ROQ for the construction of Term Geotechnical Engineering Services in the County of
Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business,
has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other
act in restraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended,
Subscribed and sworn to before me this (: day or
My Commission Expires:
(Notary Public) iEATHER M FLORES
ary Public,State of Arizona
(Please ensure seal is visible) Markt:4)a County
y Commission Expires
March 16, 2019
Request For Qualifications for Engineering Services Page 20
Term Geotechnical Engineering Services See/alit 180020-ROO
9/7/2017 8:37 AM p, 23

Client#: 704 NINYOMOOR1
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PRODUCER NAME: CONTACT Doris A. Chambers
Dealey, Renton & Associates PHONE (A/C, No, Ext): 510 4653090 - FAX (A/C, No): 510 452-2193
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INSURED INSURER B : American Automobile Ins. Co. 21849
Ninyo & Moore Geotechnical & Evanston Insurance Company 35378
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C Professional Liab Y MKLV7PL0002608 04/03/2017 10/03/2018 $5,000,000 per Claim
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Re: Contract #180020-R0Q, Facilities Management Department Maricopa County, Arizona - GENERAL
LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSUREDS: Maricopa County, its agents, representatives, officers,
directors, officials and employees. Commercial General Liability is primary and non-contributory. Waiver of
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