180007-CONTRACT - EMC2 GROUP.PDF

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ARCHITECTURAL SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Architectural Services On-Call
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 180007-ROQ
Contract # 180007-ROQ
C-73-
Project # 180007-ROQ
Three (3) YEAR TERM
ARCHITECTURAL SERVICES CONTRACT
Facilities Management Department
MARICOPA COUNTY, ARIZONA
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Table of Contents
RECITALS 4
SECTION I - ARCHITECT'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- ARCHITECT'S ACCOUNTING RECORDS 8
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 14
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
SECTION XXVI - DRUG-FREE WORKPLACE 15
SECTION XXVII - INCORPORATION BY REFERENCE 15
SECTION XXVIII - LEGAL WORKER REQUIREMENTS 15
SECTION XXIX - ATTACHMENTS 16
SECTION XXX - NOTICES 16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION 17
SECTION XXXII - CONTRACT EXECUTION 17
SECTION XXXIII - ISRAEL BOYCOTT 17
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EXHIBIT A - PROJECT SERVICES 19
I - GENERAL 19
II- PRE-DESIGN SERVICES PHASE 19
III - SCHEMATIC DESIGN PHASE 19
IV - DESIGN DEVELOPMENT PHASE 20
V - CONSTRUCTION DOCUMENTS PHASE 20
VI - QUALITY ASSURANCE/QUALITY CONTROL 21
VII- BIDDING PHASE 22
VIII - CONSTRUCTION PHASE 22
IX - ARCHITECTS REQUIRED ADDITIONAL SERVICES 24
X - OPERATION AND MAINTENANCE MANUAL(s) 24
EXHIBIT B — HOURLY RATES 27
EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM PARTICIPATION
REPORTING FORM 28
EXHIBIT D - LEGAL WORKER CERTIFICATION 29
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION 30
EXHIBIT F RECORD DRAWING PROCEDURES 34
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Emc2 Group Architects Planners, PC
FOR PROFESSIONAL ARCHITECTURAL SERVICES.
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA
hereinafter called the "COUNTY" and Emc2 Group Architects Planners, PC; hereinafter called the
"ARCHITECT."
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 architects as warranted by the type of construction.
B. The COUNTY proposes to engage the service of an architectural film to perform certain architectural and
engineering services for the COUNTY on an "on-call" or "as needed" basis. This Agreement is intended
to cover performance by the ARCHITECT under individual Task Orders. The teinis of this Agreement
and a Task Order govern the ARCHITECT's work unless the ARCHITECT and the COUNTY agree
otherwise in writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration,
and other architectural services, and the ARCHITECT is willing to prepare such drawings, plans,
specifications, cost estimates, provide construction administration, and perform other architectural services
under this Agreement as may be required by the COUNTY.
D. The COUNTY desires to contract with the ARCHITECT for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other architectural 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 ARCHITECT agree as follows:
SECTION I - ARCHITECT'S BASIC SERVICES
A. GENERAL
1. The ARCHITECT shall prepare drawings, specifications and cost estimates according to the direction
and designated standards of the COUNTY. Also, in consideration of the fee hereinafter stated, the
ARCHITECT agrees, if requested by the Owner, to perform contract administration, inspection
services and other architectural 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 ARCHITECT shall review the requirements of the PROJECT as outlined by the COUNTY. Prior
to perfoimance of any services under this Agreement, the ARCHITECT and his consultants shall meet
with the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ARCHITECT 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 ARCHITECT or
his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent
to, and received by, the COUNTY no later than three (3) working days after the meeting date. The
ARCHITECT will be responsible for final publishing and distributing of meeting minutes as directed
by the COUNTY.
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4. The ARCHITECT will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ARCHITECT at
times appropriate to the PROJECT. At no time shall the ARCHITECT meet with jurisdictional
agencies without prior consent or attendance of COUNTY representatives.
5. The ARCHITECT may be required to coordinate with the COUNTY and its designated furniture
vendor 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 vendor 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 ARCHITECT will produce record drawings from the marked-up As-
Built drawings prepared by the Contractor. Record drawings shall be submitted on CD discs as
required by the COUNTY containing the complete drawings in electronic format — both in an Adobe
PDF file and an AutoCAD DWG file with all external references bound. Requirements for the content
within drawings and file formatting are identified in Exhibit F.
7. Typical project services are listed in attached Exhibit A. The compensation method shall be
determined on a project by project basis, utilizing Exhibit B ("Hourly Rates").
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 ARCHITECT, this
contract may be extended for a period of Two (2), One (1) year period(s). The total term 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 ARCHITECT shall submit to the
COUNTY an anticipated schedule for completion of each phase of the project. The ARCHITECT 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. ARCHITECT 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 ARCHITECT within the stated period for that phase.
D. The ARCHITECT may 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 final payment has been made to the Contractor and the Owner has confirmed that
all Record Documents have been provided by the Architect to the Owner and are complete workable files.
E. The ARCHITECT 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.
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SECTION III - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ARCHITECT, employees of the Architect, or the Architect's professional
consultants in the interest of the Project and have the specific prior written approval of the COUNTY. The
ARCHITECT hereby agrees that no reimbursable expense shall be incurred, nor requested for payment,
without the ARCHITECT having obtained prior written approval of the COUNTY. The COUNTY is
under no obligation to pay the ARCHITECT for such expenses without evidence of the COUNTY'S
written consent prior to the ARCHITECT 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. It is the
Owner's intent to provide 3 rd party reproduction and printing services at the Owner's expense. Any
printing expense incurred by the Architect or its consultant requires Owner's prior written approval.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ARCHITECT with
the COUNTY'S permission.,
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ARCHITECT 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 ARCHITECT'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 ARCHITECT:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ARCHITECT or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ARCHITECT 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.
D. Unless specifically authorized in writing, the ARCHITECT 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.
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E. The ARCHITECT 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 ARCHITECT shall only be paid the actual amount charged to the ARCHITECT by the original
vendor for Reimbursable Expenses.
G. Refer to Exhibit "B" for hourly billing rates for ARCHITECT staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
1. Review of documents submitted by the ARCHITECT.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ARCHITECT as described in this Agreement.
3. Response to the ARCHITECT'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 ARCHITECT 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 ARCHITECT and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for information, 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
jurisdictional authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ARCHITECT and Contractor
performance during the period of performance of the ARCHITECT' s services under this Agreement. The
COUNTY's monitoring of the ARCHITECT'S 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
ARCHITECT'S duties and responsibilities to provide the usual and customary basic architectural services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ARCHITECT shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ARCHITECT shall be compensated on an hourly fees basis in accordance with those
items listed in Exhibit B — Hourly Rates.
B. All ARCHITECTURAL service requests for payment shall be submitted to the COUNTY for review in
electronic fonnat 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 form; and/or other documentation for any charges incurred. Where pre-
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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 ARCHITECT's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent on the percentage of the work completed by the
Contractors.
D. The ARCHITECT shall be limited to a maximum total fee of Three Million Dollars and No-Cents
($3,000,000.00) 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 ARCHITECT 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 ARCHITECT, the ARCHITECT is to be paid for the services actually performed in
accordance with ARS Section 34-104.F, but not for any services not actually performed.
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ARCHITECT shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ARCHITECT 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 and if requested by the Owner, the ARCHITECT shall
include, as part of the bid package, deductive 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 ARCHITECT will identify and make recommendations on the various alternates, but accep-
tance 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 ARCHITECT.
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 ARCHITECT 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.
SECTION VII- ARCHITECT'S ACCOUNTING RECORDS
A. Records of the ARCHITECT's direct personnel payroll, and reimbursable expense pertaining to the
PROJECT and accounts between the COUNTY and ARCHITECT shall be kept on a generally recognized
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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 normal business hours.
SECTION VIII - TERMINATION OF AGREEMENT
A. The COUNTY and the ARCHITECT 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 ARCHITECT's services or portion of the PROJECT for
which services have been performed by the ARCHITECT.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ARCHITECT in writing, and immediately after receiving such notice, the
ARCHITECT shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ARCHITECT's principal place of business.
C. Upon such teimination or abandonment, the ARCHITECT shall appraise the work completed and submit
his appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the
ARCHITECT' s work to appraise the work completed.
D. Except when terminated for delinquency, insolvency, or non-compliance with the terms of this Agreement,
the ARCHITECT shall receive as compensation for services performed to the date of such termination, a
fee for the percentage of the ARCHITECT's services as provided in this Agreement under Section V, and
that fee shall be in the amount to be agreed mutually by the ARCHITECT 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 ARCHITECT will not be paid for any services not actually performed.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ARCHITECT may retain ownership of original drawings, 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 ARCHITECT. The COUNTY will not reuse, alter
or modify these reproducible's for other construction projects without first soliciting consultation from the
ARCHITECT. In the event such documents are used without further consultation from the ARCHITECT,
the COUNTY agrees to hold the ARCHITECT 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 is intended to apply to both
genders, whether male or female.
B. All services provided by the ARCHITECT under this Agreement shall be performed by employees, agents
or Consultants of the ARCHITECT 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
ARCHITECT's findings, recommendations and professional advice shall be based on practices and
procedures customarily applied in his profession. The ARCHITECT 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.
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C. The ARCHITECT shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
D. The ARCHITECT 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 ARCHITECT by the
terms of this Agreement, and to assume toward the ARCHITECT all the obligations and responsibilities
which the ARCHITECT, 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 ARCHITECT-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ARCHITECT, that this ARCHITECT, by this
Agreement, has against the COUNTY. Where appropriate, the ARCHITECT shall require each Consultant
to enter into similar agreements with his sub-consultants. The ARCHITECT shall make available to each
proposed Consultant prior to the execution of the ARCHITECT-CONSULTANT written agreements,
copies of this Agreement to which the Consultant will be bound by this paragraph, and identify to the
Consultant any terms and conditions of the proposed ARCHITECT-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 ARCHITECT, the ARCHITECT 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, ARCHITECT 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
ARCHITECT, his agents, representatives, employees, or consultants related to the performance of the
Contract. ARCHITECT'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 performance of this Contract including those made by any person
for whose acts, errors, omissions or mistakes ARCHITECT 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 - ARCHITECT, at ARCHITECT'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-H-. 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. ARCHITECT'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. ARCHITECT shall be solely responsible for the deductible and/or
self-insured retention and COUNTY, at its option, may require ARCHITECT 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 ARCHITECT of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ARCHITECT from, or be deemed a
waiver of COUNTY'S right to insist on strict fulfillment of ARCHITECT' s obligations under this
Contract.
6. The insurance policies required by this Contract, except Workers' Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
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
ARCHITECT'S work or service.
C. ARCHITECT is required to procure and maintain the following coverage's:
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 Architect's owned, hired, and
non-owned vehicles assigned to or used in performance of the Architect's work or services under this
Contract.
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3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the Architect's employees engaged in the performance of the
work or services under this Contract; and Employer's Liability insurance of not less than $1,000,000
for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit
ARCHITECT 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 ARCHITECT 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 Architect, 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,
ARCHITECT 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
ARCHITECT'S insurer(s), as evidence that policies providing the required coverage's, 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 ARCHITECT'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 ARCHITECT 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 ARCHITECT 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 ARCHITECT changes
the name of the film to which this contract has been awarded, it is incumbent upon ARCHITECT to
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request COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ARCHITECT's name change. In the event ARCHITECT chooses not to change its name for work
accomplished through this awarded contract, ARCHITECT 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
ARCHITECT being refused, which will result in a delay of payment to ARCHITECT at no additional cost
to COUNTY.
SECTION XIII - NO KICK-BACK
A. The ARCHITECT 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 ARCHITECT and his film.
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 ARCHITECT 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 theState of Arizona's website
http://www.azgovernor.gov/dms/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 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. ARCHITECT is an independent ARCHITECT under this Agreement. Services provided by ARCHITECT
pursuant to this Agreement shall be subject to the supervision of ARCHITECT. In providing such
services, neither ARCHITECT nor its agents shall act as officers, employees, or agents of the COUNTY.
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This 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 ARCHITECT.
SECTION XVI - CONFLICTS
A. Neither ARCHITECT nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
ARCHITECT's loyal and conscientious exercise of judgment related to its performance under this
Agreement.
B. ARCHITECT 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, ARCHITECT 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 ARCHITECT or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ARCHITECT is permitted to utilize sub-consultants to perform any services required by this
Agreement, ARCHITECT agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVII - CONTINGENCY FEE
A. ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ARCHITECT, 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 ARCHITECT, 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 ARCHITECT 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
terms of this Agreement.
SECTION XIX - COMPLIANCE WITH LAWS
A. ARCHITECT shall comply with all federal state, and local laws, codes, ordinances, rules, and regulations
in performing its duties, responsibilities, and obligations pursuant to this Agreement.
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 ARCHITECT elects to terminate
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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 ARCHITECT.
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.
SECTION XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enters into contracts only with firms that certify the establishment
of a drug free work place. Execution of this Agreement by ARCHITECT shall serve, as ARCHITECT's
required certification that it either has or that it will establish a drug free work place.
SECTION XXVII - 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
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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 ARCHITECT who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ARCHITECT 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 ARCHITECT. The
ARCHITECT acknowledges that a breach of this warranty by ARCHITECT 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 ARCHITECT, sub-contractor and sub-sub-contractor employee who
performs work under this Contract, and to conduct random verification of the employment records of the
ARCHITECT and any sub-contractor and sub-sub-contractor who works on this Contract, to ensure that
the ARCHITECT and each sub-contractor and sub-sub-contractor is complying with the warranties set
forth above. ARCHITECT 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
Exhibit F — Record Drawing Procedures
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
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
Maricopa County Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
AND
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Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Richard J. Clutter, AIA, REFP, LEED AP, President
Emc2 Group Architects Planners, PC
1635 North Greenfield Road, Suite 144
Mesa, Arizona 85205
SECTION X)OCI - CLAIMS AND DISPUTE RESOLUTION
A. Notice Prior to Execution of Work. If the ARCHITECT 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 ARCHITECT
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 ARCHITECT 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 ARCHITECT wishes to make a Claim for an increase in the
Project Cost, the ARCHITECT 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
ARCHITECT should have recognized, in the exercise of due diligence, the condition giving rise to
such Claim. The ARCHITECT 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 perfoi med.
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.
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 XXXIII — 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.
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Architectural Services On-Call
180007-ROQ
19 October 2017
Date
86-1031831
Printed Name Federal Tax Identification Number
President AZ Architectural License #24640
Title Arizona Contractors License Number
90607
Vendor Terms NIGP Commodity Code (Advantage)
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
ARCHITECTURAL SERVICES CONTRACT
SERIAL # 180007-ROQ
CONTRACT NO.: 180007-ROQ
- GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ARCHITECT provides professional services. The actual service requirements will vary with each
PROJECT. The ARCHITECT 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
ARCHITECT. Based upon the scope of work and the required services the ARCHITECT shall prepare his
proposal, which shall include a design phase schedule. That schedule shall include appropriate time for:
design by phases; owner and stakeholder review and responses thereto and permitting. That 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 ARCHITECT. The
COUNTY reserves the right to request additional services not listed here from the ARCHITECT if
required to complete the work, and to direct that any listed services not be performed.
C. ARCHITECT 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 ARCHITECT shall, if requested by the Owner, work with the Owner to develop a scope of work,
phases, schedule and budget for a specific project. These services may include programming, space
schematics and flow diagrams, survey of existing facilities, marketing studies, economic feasibility studies,
project financing studies, etc. The Architect 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 ARCHITECT 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 ARCHITECT shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department.
III - SCHEMATIC DESIGN PHASE
A. The ARCHITECT shall provide a preliminary evaluation of the program requirements and the PROJECT
budget constraints, each in terms of the other, then review with the COUNTY any inconsistencies evident
between these program requirements and the budgetary limitations.
B. Based upon the mutually agreed PROJECT program and budget requirements, the ARCHITECT shall
prepare, if requested by the Owner, 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
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ARCHITECT shall submit four (4) sets of prints and an electronic copy of these documents to the
COUNTY. Upon request the ARCHITECT shall provide the COUNTY, one (1) set of schematic design
documents as revised by the ARCHITECT to incorporate COUNTY requested changes at the end of this
design phase. The schematic design documents will be in a PDF format acceptable to the COUNTY.
C. After completion of the schematic design studies the ARCHITECT shall present these studies 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 ARCHITECT shall present, at the request of the COUNTY, the schematic design to the Maricopa
County Facilities Management Department.
IV - DESIGN DEVELOPMENT PHASE
A. After the schematic design studies are approved by the COUNTY and the ARCHITECT is so advised in
writing by the COUNTY, the ARCHITECT shall prepare from the approved schematic design studies the
design development documents and other criteria as may be appropriate.
B. The ARCHITECT 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 ARCHITECT shall submit to the COUNTY the design development drawings and specifications as
deliverables. The design development deliverables shall include a detailed construction estimate.
D. After completion of the design development phase, the ARCHITECT 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 format acceptable to the COUNTY. The COUNTY
shall have the right to make changes at no additional cost provided that the previously approved design
development phase concept is not materially affected by these changes. Upon request, the ARCHITECT
shall provide the COUNTY, one (1) set of design development documents as revised by the ARCHITECT
to incorporate COUNTY requested changes at the end of this design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the updated design development documents and construction cost estimates have been approved by
the COUNTY and the ARCHITECT has been so advised in writing by the COUNTY, the ARCHITECT
shall prepare, from the approved design development documents, the 50% construction drawings, plans,
and specifications setting forth in detail the work required.
B. The ARCHITECT and his consultants shall prepare all drawings for the PROJECT utilizing
drafting/design software that are capable of producing fmal Record Documents in AutoCAD. The
drawings shall conform to the guidelines and criteria identified in Exhibit F established by the COUNTY.
Project Specifications shall be prepared utilizing Microsoft Word. When requested by the COUNTY, the
ARCHITECT shall deliver four (4) sets of 50% complete Construction Documents and project
Specifications for review and comment by the COUNTY. The 50% Construction Documents shall be in
a PDF format acceptable to the COUNTY.
C. The ARCHITECT shall prepare his drawings according to generally accepted practices and, COUNTY
standards. The ARCHITECT shall include the General Conditions as provided by the COUNTY within
the Technical Specifications provided for the specific project. The ARCHITECT shall also complete and
include the General Requirements as provided by the COUNTY within the Technical Specifications
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provided for the specific project, making all revisions necessary to meet the specific requirements for each
project.
D. The ARCHITECT shall provide an updated, detailed construction cost estimate. If the construction
estimate is not within the County's approved construction budget for the project, it will be incumbent on
the Architect to revise the design to bring the construction estimate within the approved construction
budget at no additional cost to the Owner.
E. After the 50% Construction Documents and the updated construction cost estimates have been approved
by the COUNTY and the ARCHITECT has been so advised in writing by the COUNTY, the
ARCHITECT shall prepare from the approved 50% Construction Documents, the Final Construction
Documents, and Specifications, including the Final General Conditions and General Requirements setting
forth in detail the work required.
F. After completion of the Final Construction Documents and Specifications the ARCHITECT shall submit
the Final 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 ARCHITECT 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 ARCHITECT shall be responsible for all review comments and
corrections as required to comply with applicable laws, codes, and regulations at no additional cost to the
COUNTY.
G. The ARCHITECT shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of "Construction Documents" including Project Specifications
for review and approval to the COUNTY. The time required by the ARCHITECT to make corrections to
the plans requested by the COUNTY or required by regulatory agencies is considered part of his total
contract time.
VI - QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ARCHITECT'S preparation of plans and specifications at the conclusion of
each of the design phases. The ARCHITECT shall provide such information as the COUNTY may require
regarding the ARCHITECT's design and selection of materials and equipment. ARCHITECT shall
provide, at the COUNTY'S request, such data and information as COUNTY may require regarding
ARCHITECT'S construction estimate for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ARCHITECT
at the completion of Design Development and 50% of Construction Documents phases.
C. The ARCHITECT shall verify they have a Quality Assurance/Quality Control Plan in place to be executed
through all phases of PROJECT work. The ARCHITECT 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 ARCHITECT.
The COUNTY will monitor the ARCHITECT's implementation of the Quality Assurance/Quality Control
Plan, but the COUNTY will not be responsible for the ARCHITECT's failure to carry out the Quality
Assurance/Quality Control Plan nor for the accuracy and quality of the ARCHITECT's services. The
ARCHITECT 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
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 ARCHITECT.
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D. Failure by the ARCHITECT or his consultants to incorporate COUNTY or regulatory agency comments
into his plans shall constitute an error or omission on the part of the ARCHITECT and the cost of any
necessary corrective action is to be borne by ARCHITECT.
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 ARCHITECT 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 ARCHITECT 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. The Architect shall also send the final "Construction Documents", including drawings,
specifications, and other contract documents in an electronic format approved by the Owner to the
Maricopa County Procurement Department for bidding purposes.
B. The ARCHITECT shall review all submittals from contractors or suppliers for requested substitutions. The
ARCHITECT shall review all drawings, samples and various other submittals to determine compliance
with the PROJECT plans and specifications. If the ARCHITECT determines that a substitution meets the
specifications, the ARCHITECT shall forward the request to the COUNTY with his recommendations.
The ARCHITECT shall then publish in an addendum, a listing all prior approval substitutions approved by
both the ARCHITECT and COUNTY not less than seven (7) days prior to the opening of bids. Failure by
the ARCHITECT 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 ARCHITECT and the cost of any necessary corrective action is to be borne by ARCHITECT.
C. The ARCHITECT shall prepare and distribute addenda as required.
D. The ARCHITECT shall attend the pre-bid meeting to discuss the PROJECT scope of work, the contract
documents, including any addenda. The Architect shall prepare additional addenda to clarify any bidding
contractor questions about the PROJECT.
E. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ARCHITECT'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 ARCHITECT to redesign the PROJECT and re-bid the project, without additional fee.
VIII - CONSTRUCTION PHASE
A. The ARCHITECT shall attend the contractor's pre-construction meeting with the successful bidder. The
ARCHITECT shall record the pre-construction meeting and forward a written record of the meeting
minutes to the COUNTY within three (3) working days.
B. The ARCHITECT 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 ARCHITECT.
C. The ARCHITECT 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.
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D. The ARCHITECT shall timely review all shop drawings, samples and various other submittals to
determine compliance with the PROJECT plans and specifications. If the ARCHITECT determines that a
substitution is required, the ARCHITECT shall forward the request to the COUNTY with his
recommendations. The ARCHITECT 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 project's critical
path and project execution. As to submittals, ARCHITECT will review submittals for items specifically
mentioned in the Specifications. Responses to submittals shall be made within fourteen (14) days after
submittals are received.
E. The ARCHITECT shall prepare Proposal Requests (PR) and shall forward the proposal, together with the
reason and justification for the change, to the Owner. The Architect shall not send PR directly to the
contractor.
F. The ARCHITECT 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.
G. The ARCHITECT shall respond to requests for information and shall issue such Architect's Supplemental
Instructions, ALA Document G710, as are required for the clarification of the construction contract
documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL INSTRUCTIONS
MUST HAVE THE APPROVAL OF THE COUNTY. RFI's shall be submitted to the ARCHITECT, with
a copy to the COUNTY, on a form that is acceptable to the COUNTY. RFI'S shall be in numerical order,
with no breaks in consecutive numbering. Each page of any attachments to an RFI shall bear the RFI
number. All RFI's should be submitted by e-mail. 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.
H. The ARCHITECT of record and their Consultants 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 training.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
3. All visits shall be documented by dated reports on the Architect's Field Report, AIA Document G711.
Problems requiring action by the ARCHITECT or its 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 ARCHITECT shall review the plans maintained at the site by the Contractor for notation of
"as-built" construction and report to the COUNTY on the progress of the Contractor's change notation
work monthly in writing prior to each contractor request for payment.
6. The ARCHITECT shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans.
I. The ARCHITECT 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
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each payment application review, the ARCHITECT shall review the as-built drawings to confirm in
writing to the Owner they are current.
J. The ARCHITECT and OWNER shall review materials testing reports required by the construction
documents prior to filing. The ARCHITECT shall review with the COUNTY and direct corrective work in
all instances where these reports indicate materials failure to meet specifications.
K. The ARCHITECT shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ARCHITECT 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.
L. The ARCHITECT will create the punch list upon Substantial Completion and review the performances of
the items to assure their having been completed.
IX - ARCHITECTS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ARCHITECT that may be required on a
PROJECT. Upon the request by the COUNTY, the ARCHITECT shall submit costs for requested
additional services. The ARCHITECT is not to proceed with any additional services without written
approval from the COUNTY.
B. Upon request of the COUNTY, the ARCHITECT 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 ARCHITECT's full-time representative shall be an experienced
Arizona Registered ARCHITECT 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 ARCHITECT' 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, ARCHITECT, 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
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 ARCHITECT
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.
5. The ARCHITECT shall be responsible for the timely completion of these items so as not to delay his
work under this Agreement.
X - OPERATION AND MAINTENANCE MANUAL(s)
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A. Upon request of the COUNTY, as a condition for Substantial Completion, the ARCHITECT shall review
and approve comprehensive Operation and Maintenance Manuals and Warranties for the PROJECT.
B. The ARCHITECT shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor shall 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 ARCHITECT 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 ARCHITECT on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ARCHITECT shall assist
the COUNTY in conducting a post-construction inspection at least thirty (30) days prior to the expiration
of the (1) one-year post-construction warranty period as required in the ARCHITECT 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.
E. RECORD DRAWINGS — Upon request of the COUNTY, the ARCHITECT shall prepare record drawings
separately for the PROJECT .Buried underground utilities may be shown as "As-Built" and indicated as
such. The record drawings shall be in AutoCAD and PDF formats as prescribed in Exhibit F.
F. If requested by the COUNTY, the ARCHITECT 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 ARCHITECT 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.
2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ARCHITECT.
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 ARCHITECT shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation on a lump-sum basis 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 ARCHITECT perform any work or furnish any
materials not covered by this Agreement. Such work or materials furnished by the ARCHITECT without
the written authorization from the Director, of FMD, or his designee, shall be at his own risk, cost and
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expense. The ARCHITECT 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 ARCHITECT. This cost shall
be deducted from fees due the ARCHITECT.
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EXHIBIT B — HOURLY RATES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
Three (3) Year TERM
ARCHITECTURAL Services/On-Call
SERIAL # 180007-ROQ
CONTRACT NO. 180007-ROQ
COMPANY NAME: Emc2 Group Architects Planners PC
(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 RA .LE
Principal 51.50 154.58
Project Manager 32.43 97.34
Project Architect 35.01 105.08
Specification Writer 35.01 105.08
Staff Architect
Designer
DraftPerson 30.25 90.80
Clerical 22.05 66.18
Multiplier: 3.00 161 %Overhead
15 % Profit
RATE CALCULATION
[(Direct Labor Hourly Rate x 0/H Rate) + Direct Labor Hourly Rate] x Profit % = Billing Hourly Rate
Example: On a $71.94 direct labor hourly rate with an OM 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)
IERMARCHITECTURAL SERVICES CONTRACT SERJAL NO. 180007-ROO
Architectural Services/On-Call

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.
Emc2 Group Architects Planners PC 180007-ROQ
Name of Prime Consultant/Contractor Contract No.
Richard Clutter
Contact Person Project No.
1635 N Greenfield Rd., Suite 144
Street Address Amount of this Pay Application/Invoice
Mesa, Arizona 85205 -4011
City, State ZIP
Complete below with information on the SBE firms utilized as sub-consultants/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 Performed $ Pd to SBE this App/inv
$
$
$
$
$
$
$
$
$
$
0 A mark in this box certifies that no SBE firms were utilized as the prime, sub-consultant 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)
19/Oct/2017
(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.
Emc2 Group Architects Planners PC 1635 N. Greenfield Rd. Suite 144
(Film) (Address Line 1)
Richard J. Clutter Mesa, Arizona 85205 -4011
(Print Name) (Address Line 2)
President 480.830.3838
(Phone)
480.830.3840
(Sign Lure 1 equired) (Fax)
rcluttergemc2architects.com 86 -1031831
(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 Architect requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish the
amount of the cash bond to defray the cost of the arbitration and the proceeds from the bond
shall be allocated in accordance with paragraph 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5)
calendar days after the demand for arbitration.
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 Architect's 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 information for which a privilege is recognized by Arizona law. The single
arbitrator or the Chair upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or information from
public disclosure or other misuse. Any party may make application to the Maricopa County Superior
Court to have a protective order entered as may be appropriate to confirm or enforce such orders of the
Chair.
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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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 Architect. Nothing herein
shall create the right by any party to assert claims against another party not arising under or
related to the Contract or not recognized under the substantive law as applicable to the dispute.
Neither the Mediator nor the single arbitrator or arbitration panel is authorized to join to the
proceeding parties not in privity with the County. The Architect cannot be joined to any
pending arbitration proceeding, without Architect's express written consent and unless
Architect 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 infoimal
hearing before the mediation. All fees and costs associated with any arbitration before the
single panel or arbitration panel, including without limitation the arbitrator fees, and the
prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the
non-prevailing party, except as provided for herein. In the event that Architect is the non-
prevailing party, all fees and costs as noted above shall first be paid out of the bond posted
with the arbitrator. In no event shall the Architect's 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 Architect against the County or in favor of the
County against the Architect shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of the Contract or a settlement agreement as
appropriate.
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 Architect shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
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EXHIBIT F RECORD DRAWING PROCEDURES
Introduction
These guidelines are issued to promote the development of electronic drawings suitable for use in the
Maricopa County Facilities Management Department CAD environment. Consistency and compatibility with
existing Maricopa County documents can only be achieved when these standards are strictly adhered to.
Electronic drawings produced and submitted in accordance with these standards have significantly greater
value to Maricopa County. Design Professionals (DP), their Sub-consultants, and Contractors delivering
documentation to Maricopa County must ensure these standards are reviewed, understood and followed by
those people responsible for preparing electronic drawings.
Renovations and Space Change Projects Requirements
For typical Renovation and Space Planning projects, the DP is responsible for submitting a complete set of
Construction Documents (CDs) to Maricopa County prior to the beginning of construction. Upon completion
of construction, Contractors are responsible for submitting complete As-Built documentation (per definitions
included in the Agreement Between The County of Maricopa, Arizona and Design Professional) to the Owner
(in both electronic and hardcopy foimats) and DP is responsible for submitting the Record Drawings to the
Owner based on this As-Built documentation. Construction Documents and Record Drawings submitted to the
Owner need to adhere the criteria outlined in this document.
All "DWG" files and AutoCAD drawing entities submitted at the end of a project must be able to be
manipulated using standard AutoCAD drafting procedures. Non-compliance with this policy may result in the
rejection of AutoCAD files submitted at project closeout, in addition to delayed rendering of final project
payment. "DXF" files will not be accepted at project closeout as a substitution for "DWG" AutoCAD file
deliverables. Projects using Building Information Modeling (BIM) software are still required to submit
"DWG" formats for their projects.
Electronic File Fox mat
CAD drawings must be submitted in full compliance with AutoCAD software 2007 drawing file fon tat (file
extension = .DWG).
All Construction and Record Document project drawings must be submitted to Maricopa County Facilities
Management Department in all file formats listed below; other formats are not acceptable without the prior
consent of Maricopa County Facilities Management Department.
• AutoCADS 2007 or higher — DWG format only.
• Adobe® PDF version 6.0 or higher.
Scale, Units, Coordinate System and Orientation
AutoCAD drawings should be drafted at full scale in architectural or engineering units, such that one drawing
unit equals one inch. The User Coordinate System (UCS) for all AutoCAD drawings should be set to "World".
Tolerances
When projects require creation of new AutoCAD floor plans from field measurements, exterior building
dimensions should reconcile to within one (1) inch of actual building dimensions as measured in the field.
Interior building dimensions must reconcile to within half (1/2) inch of actual field dimensions. However,
individual project requirements may vary. Please confirm requirements with the Project Manager designated
by Maricopa County.
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Blocks
The following rules must be employed when handling block entities:
1. All entities within a block must be created on layer 0.
2. Drawing entities translated into AutoCAD blocks from non-AutoCAD systems must revert to layer
0 when exploded within AutoCAD.
Policy on External Reference Files (XREFs)
Maricopa County will not accept the submission of any AutoCAD drawing deliverable which contains
unbound references to external source drawing files. All externally referenced data sources that were used
during the AutoCAD drawing production phase should be incorporated as a block within a single drawing file,
including the title block and all identifying information visible in the printed image, upon project completion
and prior to submission to Maricopa County. Layers contained in XREF's inserted as blocks should conform
to Maricopa County guidelines. The resulting self-contained drawing file is an acceptable deliverable to
Maricopa County.
Owner Supplied CAD Files
Prior to commencement of design and construction services, Maricopa County will provide past Record
Drawings in AutoCAD per the Contract Agreement that can be used as the background for space
documentation projects. These have been generated using a variety of methods and may require field
verification. When no pre-existing Record Drawings in AutoCAD are available, consultants will be required to
produce drawings entirely from field measurements. AutoCAD files are transmitted for the convenience and
expediency of the DP, their Sub-consultants and the Contractor but bear no implicit or explicit guarantee of
accuracy, reliability or correctness". It is recommended to all recipients of Owner-supplied drawing files to
perform their own verifications as necessary to develop drawings for each phase of the project.
Layers for CAD Files
All AutoCAD Files shall include but not be limited to the following building features that define the physical
boundaries necessary to define space, such as: 1) exterior walls; 2) vertical elevations & sections; 3) details; 4)
schedules; 5) doors; 6) glazing; 7) elevator shafts; 8) stair wells and other changes in floor elevation; 9) built-
in furniture and/or modular systems. The DP, their Sub-consultants and the Contractor shall adhere to these
layer standards as much as possible, although additional layers, conforming to standard formats, may be
necessary, while some layers may not be applicable to every space documentation project (furniture, roof lines,
etc.).
AutoCAD layers should be named in accordance with the latest U.S. National CAD Standard (NCS) which can
be obtained from the National Institute of Building Sciences. Custom layers added by Maricopa County begin
with MC-. The specific name of custom layers may vary slightly by Maricopa County owner.
AIA CAD Layer Guidelines
See U.S. National CAD Standard Version 3 (attached).
USE OF BUILDING INFORMATION MODELING (BIM)
Although projects may utilize Building Infoimation Modeling (BIM) for conveying three-dimensional design,
two-dimensional deliverables are still required as outlined in this guideline and as specified in Maricopa
County Agreements with the DP, their Sub-consultants and Contractors.
BIM Execution Plan
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Projects utilizing BIM are required to provide a BIM Execution Plan to document modeling practices. This
document declares what is being modeled, the accuracy of the models, the intent of the models, and how
project teams work within the models.
BIM Standards
Modeling practices and standards should be declared and agreed upon in the Project's BIM Execution Plan.
BIM Models and Deliverables
Models turned over to Maricopa County as a deliverable must meet the requirements of the agreed upon BIM
Execution Plan.
Use of Revit
Models are to be created in the most current version of Autodesk Revit. Modeling practices are to be declared
in the project's BIM Execution Plan.
END OF EXHIBIT
TERM ARCHITECTURAL SERVICES CONTRACT SERIAL NO. 180007-ROQ
Architectural Services On-Call Page 36

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August 22, 2017
Mr. Paul Shamrock
Maricopa County Office of Procurement Services
320 W. Lincoln Street
Phoenix, AZ 85003
Re: Statement of Qualifications for Architectural Services - CONTRACT #180007-ROQ
Dear Mr. Shamrock and Members of the Selection Committee:
Emc2 has 39 years of experience in the design and construction administration of public facilities across Arizona,
and has a long history of providing on-call architectural services for municipal and educational clients. We wish to
help you design and build facilities that meet your needs, programming goals, schedule and budget for many years
to come.
This proposal responds to the Request for Statement of Qualifications for Architectural On-Call Services for Maricopa
County. This team is willing and capable of providing services outlined in the SOQ.
A Fresh Approach, With Proven Results: Emc2 brings fresh focus and determination to serve the Maricopa County.
We will be silent in expressing our opinions until we have first listened to your needs, preferences, requirements and
standards for excellence in project management and architectural design. We will then provide sound architectural
solutions based on what you need, not solely on what we think you need. Emc2 is the right choice to serve as an
architectural consultant for your On-Call Consulting Services.
Exceeding your expectations: Emc2 strives to not only meet your expectations but exceed them. We are ready to hit
the ground running to provide design services that will not only be attractive and inviting to the community, but will
also be extremely sustainably efficient and operationally durable.
Albert Einstein is also quoted as saying, "There are only two ways to live your life. One is as though nothing is a miracle.
The other is as though everything is a miracle." The transformation of impossible challenges into miraculous results is
our specialty and our passion. We look forward to the opportunity to explore your vision and to discover what miracles
are possible in Maricopa County.
Thank you for your consideration. We look forward to sharing more ideas with you in person. If you have any questions
regarding this proposal please contact me at rclutter@emc2architects.com or my cell phone 602.999.2287.
With kind regard,
Ricliai'd Clutter, A1A
Emc2 Group Architects Planners, PC
IViaricona County Architectural Services /0n-Call Serial #180007-ROQ

1. PRIOR EXPERIENCE
Provide a project synopsis of a minimum of five (5)/ maximum of seven (7) projects for which your firm was the lead
architectural firm, reflects one or more of the service types indicated in the attachment section of this solicitation.
too
re
•'` -.40,3sel\ss‘
City of Mesa Police Department Holding Facility Upgrades
a) Size - 3,500 SF of the 15,680 SF Basement Level
Schedule - August 2013-December 2016
Budget - $1,400,000
Complexity - The existing City of Mesa Police Headquarters building had been
built in the mid 1970s. Most of the building systems, particularly mechani-
cal, electrical and special systems were in need of major improvements. The
holding facility space located in the basement was dark with inadequate
lighting levels, had bad air quality due to insufficient outside air, and out-
dated finishes and colors. The space was also cramped and created many
hazards for the officers working there. Additional holding cells were needed
to expand the capacity.
Improvements included removing a wall to open up the Property Intake and
Release Area. Finishes and millwork were redone to refresh and improve
functionality of this space.
b) Services provided - Full Architectural Services
c) Owner's starting budget estimate and the final contract amount - Owner project
budget was $1.4M (Total project budget including soft costs); $1.1M Construction
Cost. Our estimate came in at $817,500.00. Contractors GMP was $1,132,875.
d) Change orders to the design contract including the detailed reasons for the changes.
There were 233,755.00 set up in allowances to cover additional Owner Scope (not
included in GMP). We used $116,023 of the allowances.
An additional $108,208 of the remaining allowance was used for Owner added
scope:
• Additonal improvements to Control Room (replacing walls, security
glazing,
» pass-thrus)
Maricopa County Architectural Services /On-Call I Serial #180007-ROQ 2

City of Mesa Police Department Holding Facility Upgrades - Continued
» Door Revisions
» Adding Access Control at Control Room
» Replace Break Room & Control Room Millwork
» Replace Flooring in Control Room
» Revise Existing Interview Room to Padded Cell, Revise new padded cell to regular holding cell.
» Replace ceiling in Booking/Intake Area
• Add hood at Booking/Intake Millwork stations
» Add wireless access points
• Revise transaction pass-throughs and add counter top communication system through safety glass a
control room
e) Description of any savings achieved.
The City self performed some IT and CCTV cabling and work to reduce construction cost (separate funding sources).
Value Engineered field grouted cell security panels to mineral wool factory filled panels to reduce cost, and had
painter perform security caulking of cell security panels instead of specialized security panel contractor to reduce
cost and avoid impact to schedule (security contractor only has one team that performs security sealant that travels
around the country and wasn't available to fit schedule).
f) Owner's requested start date of construction, actual start date of construction, original final completion date and actual
final completion date.
Original Proposed Start Date =January 14, 2016
Actual Start Date (NTP) = April 13, 2016 (delays in City Council Approval and Security Clearance Processes)
Original Proposed Finish Date = July 13, 2016
Actual Finish Date = December 14, 2016 (Contracted Date); actually turned over/occupied on December 6, 2016
g) Client References — For each projected listed above, provide the reference information in Attachment 1. Please refer to
Attachment 1.
Maricopa County Architectural Services /On-Cat I Serial 4'180007-R0Q 3

City of Mesa Police Department Firearms Range Improvements
a) Size - 5,000 SF
Schedule - December 2014-August 2015
Budget - $1,100,000
Complexity - A new 5,000 square foot stand-alone building replaced an
existing observation tower and miscellaneous storage buildings (including
ammunition storage) at the Mesa Police Department Firearms Range and
Training Facility. The new building contains offices for the Range Sargent
and additional staff, an Armory with seven work stations, secure Gun and
Ammunition Storage areas, paper target storage and vehicle garages.
The building is constructed of concrete masonry unit (CMU) walls with an
exterior finish insulation system (EIFS) and sloped standing seam metal
roofing; designed to complement a recent adjacent classroom building
addition. Interior finishes consist of polished concrete floors at main
circulation areas and restrooms, and painted CMU walls for a durable and
maintainable facility.
b) Services provided - Full Architectural Services, Construction Administration
c) Owner's starting budget estimate and the final contract amount - Owner's Budget
$1.1M, Actual Budget $1,167,000.00
d) Change orders to the design contract including the detailed reasons for the changes.
e) Description of any savings achieved.
f) Owner's requested start date of construction, actual start date of
original final completion date and actual final completion date. Original Proposed
Start Date = Dec 2014. Actual Start Date = August 2015 (Issue with Bids and long
delay in getting contractor security clearances)
g) Client References - For each projected listed above, provide the reference information
in Attachment 1. Please refer to Attachment 1.
fvlaricopa County Architectural Services /On-Call I Serial 080007-R0Q 4

City of Mesa Red Mountain Library thin kSpot Remodel
a) Size - 2,238 SF
Schedule - July 2012-December 2013
Budget - $375,000
Complexity- Looking for a way to keep their libraries vital and relevant is critical
as City of Mesa transitions into the digital age. Emc2 was challenged to create
a space for a new program offered by the Library. Currently named "Thinkspot,"
this renovation combines two meeting rooms into a new space that offers Library
patrons the opportunity to collaborate, research, and create their own digital
content. Thinkspot provides a living room/home office environment where
individuals, as well as small and large groups, can gather to work on projects. Using
library-provided wireless connectivity, 2d and 3d printers, video monitors and a
small video production studio, patrons can share information and designs, create
videos and podcasts, host lectures, attend seminars and work in an environment
that promotes interaction and collaboration.
In addition to the video production studio, two small conference rooms can be split
off from the main area using folding glass walls. Groups can rearrange couches,
upholstered chairs, and mobile tables to accommodate different sizes and settings.
Digital projectors and small video monitors also allow for small and large group
presentations to easily share data among collaborating groups.
b) Services provided - Full Architectural Services, Construction Administration
c) Owner's starting budget estimate and the final contract amount - $375,000 with no
variance.
d) Change orders to the design contract including the detailed reasons for the changes.
No change orders.
e) Description of any savings achieved. Adaptive Reuse.
f) Owner's requested start date of construction, actual start date of construction,
original final completion date and actual final completion date, November 2012 start
with December 2012 completion - on schedule.
g) Client References — For each projected listed above, provide the reference information
in Attachment 7. Please refer to Attachment 1.
fvla copa County Architectural Services /0n-Call I Serial #180007-ROQ 5

City of Mesa 6th Street Services Center
a) Size - 98,000
Schedule - July 1999 - December 2001
Budget - $13,081,926
Complexity -This was combination of 1 and 2 story buildings for various
departments created by remodeling existing shops and infilling new buildings
between them.This project was complicated by having four separate structural
systems, exterior wall systems and roof system, which was resolved with a
continuous masonry exterior wall elevation that tied the various structures
together into the appearance of a single building. This project included the
Transportation Departments Traffic Control Center, which monitors all of the
traffic signals and traffic cameras throughout the City.
b) Services provided - Full Architectural Services, Construction Administration
c) Owner's starting budget estimate and the final contract amount - Starting and
final $13,081,926.
d) Change orders to the design contract including the detailed reasons for the
changes. N/A
e) Description of any savings achieved. Adaptive Reuse.
f) Owner's requested start date of construction, actual start date of construction,
original final completion date and actual final completion date. January
2000-December 2001-on schedule.
g) Client References — For each projected listed above, provide the reference
information in Attachment 1. Please refer to Attachment 1.
Maricopa County Architectural Services /0n-Call 1Serial #180007-ROQ 6

Administration Center Tenant Improvements
a) Size -35,000 SF
Schedule - January 2010-October 2010
Budget - $225,000
Complexity- Agua Fria Union High School District's (AFUHSD) new Ronald R. Wood
Administrative & Learning Center is an excellent example of urban renewal,
adaptive-reuse and prudent stewardship of public funds. In 2009 AFUHSD leaders
recognized that an existing two-story office building had an attractive appearance
as well as functional space for the District's administrative functions. The location
also suited the District's long-term presence in Avondale. Purchasing the existing
building cost substantially less than constructing a new building. The entire tenant
improvement project was completed for approximately $225,000, well below the
cost of land for a new building. The initial improvement accommodates 85 staff
members in approximately 18,000 SF of the 35,000 SF building. The office building
shares space with existing tenants occupying approximately 4,500 SF,
demonstrating a unique and collaborative efforts as the District cooperates
with local small businesses, and represents an additional revenue source. The space
includes a board room, conference room for executive sessions, resource room/
training center. The board room used elegant but economical finished to provide a
formal and inviting setting for interaction with the community.
b) Services provided - Full Architectural Services, Construction Administration
()Owner's starting budget estimate and the final contract amount - $219,165 starting
budget, with the final contract amount $225,605 after Owner added scope.
d) Change orders to the design contract including the detailed reasons for the changes.
e) Description of any savings achieved. Adaptive Reuse.
f) Owner's requested start date of construction, actual start date of construction,
original final completion date and actual final completion date. January 2010 start
with October 2010 completion - on schedule.
g) Client References — For each projected listed above, provide the reference information
in Attachment 1. Please refer to Attachment 1.
Maricopa County Architectural Services /On-Cat I Serial #180007-ROO 7

2. KEY TEAM MEMBERS
. Provide ro hical or anization of s ro a osed staff
Broderick
Hess Rountree,-
LSW

b) Include examples of projects where staff assigned to this contract has worked together as a team.
Team Role Richard E. Sunset Arizona American Paseo Pointe White River ASU
ember Miller School Heights K-8 Western Leadership K-8 Phase II Centerpo
College Acade Remodel
Richard Principal-in-
Clutter Charge
Patrick Project
McGee Manager
Anthony Asst. Project
Plummer Manager
Tonya Peters Interior
Architecture
Dave Gornik QA/QC
c) List example projects the proposed individuals of your firm and consultant firms have completed as a team.
Emc2's projects with our proposed consultants are far too numerous to list in keeping with the required page limit.
Here is a chart listing the quantity of projects with each.
Broderick Engineering 150
Hess Rountree 42
LSW 130
Ryan & Associates 75
desigfl iso
about s
about ith,0,/proce$s
that sha
Imagery?
'diaries Linn, Architectural Record
Maricopa County Architectural Services /On-Call 'Serial #180007-900 9

HVAC system to improve air quality.
kichL1rd has more than 30 years of Size: 2,200 sf/Schedule : August 2013-December
experience in major educiitional project 2013
in Ari7ona, and ha ,; been involved in .111 Role: Principal-in-Charge
phases (A project development trom
on-site design through construction. I le Arizona State University Centerpoint CEDSE
manages projects from programming to lenovation - The project consists of the remodel
construction documents, and from of three suites in the Centerpoint Building A in
constructiim administration through Tempe for the ASU Fulton School of Engineering
project close-out. Richard is a knowledge and School of Computing, Informatics and
and practice leader in STEM and 71!-;I Decision Systems Engineering. The two suites on
Century 2 building de!,,'ign. the first floor consist of offices, interview rooms
and open study/lab spaces for a Tutoring Center
Education and Career Center. The suite on the second floor
provides perimeter offices, open cubicle study
Masters of Architecture, Texas A&M spaces and lab spaces some of which will be
University Bachelor of Environmental Design, used for small computer robotics and computer
Texas A&M diagnostics.
University
Registrations / Accreditation Initially before design started on the suite
Architect - AZ
Recognized Educational Facility Planner remodels Emc2 performed an evaluation of
LEED Accredited Professional the existing building to determine impacts
Affiliations to the mechanical and electrical systems for
American Institute of Architects accommodating the increased occupant loads of
Representative Experience the suites being remodeled, as well as compliance
City of Mesa Police Department Shooting with current building codes, accessibility
Range -New building at the existing firearms standards and ASU Design guidelines.
range for the Mesa Police Department. The Size: 12,265 sf/Schedule : April 2013-December
new 5,000 stand-alone building replaces the 2013
existing observation tower and miscellaneous Role: Principal-in-Charge
storage building at the site.
Size: 5, 000 sf/Schedule : June 2014-July 2015
Role: Principal-in-Charge
City of Mesa Police Department Intake,
Booking and Holding Cells - Renovation to
existing Intake, Booking and Holding Cells.
Project also included analysis of the existing
Maricopa County Architectural Services /0n-Call1Serial #180007-000 10

proposed warming kitchen the facility is designed
P. -iirick has over 25 years of experience on to seat and feed 250 people in a banquet style
Hacational, municipal and other gathering. Supporting spaces include storage
commercial projects throughout Arlyona. rooms, toilet facilities and several academic
lis involvement begins with the offices.
p rogramming and planning of tile Size: 10,270 sf/Schedule : September 2015
iLlci I ities and rem,i as through -November 2016
construction and project closeout. A<, the
project manager Patrick coordinates Role: Project Manager
ef torts of the consultants and overall te.lm Richard E. Miller Elementary School - Richard
members to optimize the creative and E. Miller Elementary, in the Washington
technical aspects of the project. Elementary School District, has been a
community focal point since the 1960's. This
Education community focus was one of the major concerns
Bachelor of Architecture, University of from staff as the design began. To assuage
Oklahoma concerns and ensure the design meet the District
Bachelor of Science, Engineering, University and community needs a separate programming
of Oklahoma and master planning phase was conducted before
Registrations /Accreditation any design begun. During the Master Plan Phase
Architect - AZ a series of community meetings were held to
LEED BD +C present concepts to the community. Focus of the
re-design was primarily to convert 15,000 SF of
portable classroom space into permanent space,
Representative Experience
Arizona Western College Parker Learning remodel the administration space to provide
Center - new 10,270 square foot learning and secure entry to the campus and revise parking
community center. This 1-story facility and drop-off circulation to reliece congestion and
compliments an existing classroom building vehicles blocking the street. At the same time the
at their central Parker location. In addition to new space was used to create a secure buffer
providing much needed classroom space the between parking and the campus interior.
building also serves as a community center Size: 10,270 sf/Schedule : January -December
for the Town of Parker residents. Academic 2017
programs destined for the Parker Learning Role: Project Manager
Center include Fire Science, Welding Trades, City of Phoenix Nueve Park - design services for
Physical Fitness and General Studies. the remodel of a 1,400 SF mid-century modern
Designed for flexibility, most of the classroom park restroom structure. Size: 1,400 sf/Schedule:
spaces will utilize moveable walls enabling June 2016-June 2017
transformation into larger meeting spaces for
community functions. Supported by a Role: Project Manager
Maricopa County Architectural Services/On-Call Serial #180007-ROQ 11

City of Mesa Police Department Intake,
Anthony is an As!-.i. pica .Manager and Booking and Holding Cells - Renovation to
bringH over 20 veLlrs of professional and exisitng Intake, Booking and Holding Cells.
tcchn Lai ex pc rikb with the design, Project also included analysis of the existing
iii ti administration of small to HVAC system to improve air quality.
Lirge scale commercial and residential Size: 2,200 sf/Schedule : August 2013-December
building projects. tie uses his exceptioncil 2013
client focus and creative problems Role: Asst. Project Manager
resolution skills to consult, coordinate and
manage multiple projects to meet deadlines Buesing Corporation Vehicle Maintenance
on time and in budget. Facility -The vehicle maintenance facility is specifi
cally designed to service heavy duty tracked and
Architectural Education Studies, Phoenix College untracked earth moving equipment. Each bay in
this high bay building is 25'-0" wide x 80'-0" long,
Architectural Certification, Metro Tech including one full wash bay, with 20'-0" wide x
Vocational
16'0" high motorized insulated sectional doors.
Representative Experience Compressed air drops are provided in each bay.
Paseo Pointe K-8 - The Laveen ESD's Trench drains within this building allow easy
new K-8 school is the 8th school for the wash downs and clean up with the discharge
District and serves the growing Paseo Pointe routed to a sand and oil interceptor. A partial bay
neighborhood. The 1,000 student school is developed into a Part Storage, Offi cc and a Work
started out with using the District's
prototypical school program, however Area with a motorized swivel fl oor mounted jib
crane to service heavy parts. Above this area is a
Emc2 Group, working with the District's Mezzanine for additional storage. The building
project team introduced numerous
improvements in the design that provided system consists of an exterior pre-engineered
functional circulation, separation of grades building frame with prefinished metal panels
and story and by wing, security, and 21st over a concrete masonry exterior wainscot and a
Century learning concepts. The key feature of standing seam prefinished metal roof.
the school will be a dual language program Size: 11,000 sf/Schedule :
that allows students, starting in Kindergarten Role: Asst. Project Manager
and the 1st grade to receive daily instruction
in Spanish and English.Rooms are paired to United States Postal Service Re-Paving Project
allow an easy transition between subjects and - Site Improvement
language focus. Size: sf/Schedule : 2013-2014
Size: 20,970 sf/Schedule: January 2014 -June Role: Asst. Project Manager
2016
Role: Project Manager
Maricopa County Architectural Services /0n-Call1Serial #180007-ROQ 12

Size: 20,970 sf/Schedule: January 2014 -June 2016
honya has 20 \varf; of experience I fl
I n terior arch i u re with projectH Role: Interior Architecture
experience t rom 1,000 to 300,000+ SF. Her
responsibilitie include involvement in all Red Mountain Library Thinicspot Collaboration
phases of the project Irorn in client Renovation -Looking for a way to keep their
n[i ct through consuu ci o n completion. libraries vital and relevant is critical as City of
H,he has experience with the detailing and Mesa transitions into the digital age. Emc2 was
implementation ot construction challenged to create a space for a new program
documents for cit. submittals and she offered by the Library. Currently named
i 0 [erects with the (ontractx rs and "Thinkspot," this renovation combines two
i rr-:pectors to ensure job completion. meeting rooms into a new space that offers Library
patrons the opportunity to collaborate, research,
Education and create their own digital content. Thinkspot
Bachelor of Science, Interior Design provides a living room/home office environment
Kansas State University where individuals, as well as small and large
groups, can gather to work on projects.
Certifications Size: 12,265 sf/Schedule : July2012 - December 2013
Revit Architecture Certified Professional Role: Interior Architecture
FIDER Accredited
Representative Experience Dobson Ranch Library Master Planning &
Paseo Pointe K-8 - The Laveen ESD's Improvements- Mesa Public Library, recognizing
the shifting role of libraries in the community,
new K-8 school is the 8th school for the commissioned Emc2 to prepare a master Plan of
District and serves the growing Paseo Pointe
neighborhood. The 1,000 student school the Dobson Ranch Library Branch. The Master
started out with using the District's Plan included reconfiguration of the stacks and
prototypical school program, however Children's Reading Area to address reduced
Emc2 Group, working with the District's collection size along with acoustical concerns with
project team introduced numerous expanded Children's Reading Area, additional
improvements in the design that provided public access computer stations and furniture
functional circulation, separation of grades arrangements to address collaboration areas and
and story and by wing, security, and 21st the use of personal wireless computing devices.
Century learning concepts. The key feature of In additional Emc2 design a small remodel of the
the school will be a dual language program Workroom to improve access and control of the
that allows students, starting in Kindergarten restrooms.
and the 1st grade to receive daily instruction Size: N/A/Schedule: February 2013-December 2013
in Spanish and English.Rooms are paired to Role: Interior Architecture
allow an easy transition between subjects and
language focus.
Maricupa County Architectural Services /0n-Call l Serial #180007-ROQ 13

allow an easy transition between subjects and
Da% e brings over ,l() yenr ,-; of eNperience in language focus.
the construction industrvend will use
unftjue itvertise to proer [i ely mitig,ift Size: 20,970 sf/Schedule: January 2014 -June 2016
any poientinl condition or issue Hint could Role: QA/QC
arise during the design or conAruction
procey„. IThve's le- s()11 H lenrned from Arizona State University Centerpoint CEDSE
building hundreds of facilities -will ensure a Renovation - The project consists of the remodel
collaborative end integrnied tenrning, of three suites in the Centerpoint Building A in
rein tionship between the owner, erchitect, Tempe for the ASU Fulton School of Engineering
end contractor resulting in a project that and School of Computing, Informatics and
has the highest level of quality end Decision Systems Engineering. The two suites on
inte:Jity. the first floor consist of offices, interview rooms
and open study/lab spaces for a Tutoring Center
Education and Career Center. The suite on the second floor
Electrical Engineering,Utah State University provides perimeter offices, open cubicle study
Vocational Tech in MP&E, College of spaces and lab spaces some of which will be
Southern Idaho used for small computer robotics and computer
Accreditation diagnostics.
LEED Accredited Professional Initially before design started on the suite
Design Build Insitute of America (DBIA) remodels, Emc2 performed an evaluation of
the existing building to determine impacts
Representative Experience to the mechanical and electrical systems for
Paseo Pointe K-8 - The Laveen ESD's accommodating the increased occupant loads of
new K-8 school is the 8th school for the the suites being remodeled, as well as compliance
District and serves the growing Paseo Pointe with current building codes, accessibility
neighborhood. The 1,000 student school standards and ASU Design guidelines.
started out with using the District's Size: 12,265 sf/Schedule : April 2013-December
prototypical school program, however 2013
Emc2 Group, working with the District's Role: Quality Control
project team introduced numerous
improvements in the design that provided Arizona State University Business School -
functional circulation, separation of grades removed and replaced courtyard between two
and story and by wing, security, and 21st business buildings. Included new fountains,
Century learning concepts. The key feature of hardscape and landscaping.
the school will be a dual language program Size: sf/Schedule: -2011
that allows students, starting in Kindergarten Role: Project Director
and the 1st grade to receive daily instruction
in Spanish and English Rooms are paired to
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3. TEAM APPROACH CAPABILITY
It is Maricopa County's desire to establish a team approach for this project. The selected design firm will work
collaboratively, seek and accept input from with the Owner, Owner Consultants and the Contractor to provide
and maintain fiscally-efficient, operationally-safe and aesthetically-appropriate facilities serving the citizens and
stakeholders of Maricopa County.
a) Provide an example of a completed project (other than Maricopa County) where your firm's Agreement for Services was
with a Department representing the end user but not the actual end user of the project itself? Describe your approach to all
phases of the project's development including programming and design as well as construction administration.
It is the nature of most public work that the end user is seldom, if ever, the primary client. In almost all
projects, public or private, the Emc2 Team is contracted with a facility department and directly accountable
to a Project Manager. In fact most of Emc2's work results from long term relationships developed with
Facility and Project Managers. The reason for the repeat work is our team's ability to be responsive and
respectful to not only the needs of the facility departments, but also to the specific requirements of the end
users.
For the Richard E. Miller Elementary School Renovations and Improvement, Emc2 was selected through
an RFQ issued by the Washington Elementary School District Procurement Department, contracted by the
Facilities Department and managed by a consulting project management firm. The primary scope of the
project was to rework the site circulation and student drop-off to relieve traffic congestion and to replace
seven modular buildings with permanent facilities. Much of the new space was to be added as additions
and expansions to existing buildings requiring messy renovations of 1960's era buildings. In addition the
end users had been associated with the campus for multiple years and had developed their laundry list of
improvements separate from the primary objectives of the project.
Richard E. Miller Elementary School
The Emc2 Team recommended a two-step approach to resolve the budget gap between the Facility
Department's bond mandated objectives and the end user's wish list. A master planning/conceptual design
phase was implemented that brought the entire team together look at the end user's and bond mandated
improvements as a whole. The team included engineering consultants, end user and facility staff, kicking off
with a team building exercise. Project objectives were stated and the entire team was encouraged to express
their goals and desires. Through the master planning exercise multiple scenarios were developed that
incorporated all of the expressed goals and budgets estimates were run. In the end the wish list was almost
entirely value engineered out of the scope with the end user's participation. All team members were able
fVtaricopa County Architectural Services /On-Call I Serial #180007-ROQ 15

to see how the budget was applied to the scope and were able to select those options that provided a long
term benefit to the project.
Upon completion of the Conceptual Design/Master Planning Phase drawings were taken through the
traditional design development and contract document and bidding phase using a Construction Manager
at Risk delivery method. The CMAR added additional budget input during pre-construction which further
validated the decisions made in master planning.Through utilization of Building Information Modeling (BIM)
software the design team was able to continue refining the design and presenting the design solutions in
3-dimesions to assist the end user with visualizing the final product.
Incorporating 3-dimensional visualization in every phase allowed all team member to understand the
design concepts and reach consensus earlier in the process, minimizing re-work and allowing better
development and accuracy of the contract documents.
During the construction phase the Emc2 team process continued to add value to the project by assisting
the contractor with solutions to issues they encountered in the remodel that minimized contingency use. In
fact cost neutral solutions were developed for many of the issues that were encountered as concealed areas
were uncovered during demolition. Having the continuity of a design team during construction that was
the same as in design allowed the team to develop solutions that preserved the end users goals.
b) Using the example above (a), please describe an instance where this assembly of participants, consultant, owner's
representative, and end user, created conflict and/or uncertainty relative to either design decisions or priorities. How did your
firm communicate and build consensus among the participants?
One area of significant concern during the initial phase was the end user's desire to bring older spaces up
to the same level of finish as new space to maintain parity among staff who would be teaching in the older
classrooms. This goal was not originally identified in the bond scope and was well outside the budget. The
Emc2 Team created multiple scenarios for reducing replacement square footage to offset the cost of new
finishes in the older buildings. This required careful inventory of existing space and creating additional
documents to show quantities for pricing purposes. The end users were able to weigh the advantages
and costs of additional space over the desire for upgrading older space. In the end, with choices placed in
their purview the end users opted to keep all the additional programmed space and through multiple bid
alternates and working closely with the contractor many of the interior improvements to the older space
were achieved.
Maricopa County Architectural Services lOn-Call 1Serial #180007-ROC 16

4. EXPEDITED COMPLETION OF PROJECT (TIME SAVINGS)
a) Describe what practices and procedures you propose to save time in completing projects.
Emc2 has a strong track record in meeting project schedules, and we understand the critical nature of coordinating
construction deadlines with County schedules. Emc2 Project Managers are experienced and knowledgeable about
conditions that warrant additional time, and make every effort possible to ensure that projects are managed and
controlled to suit client needs.
The'Site based Design" process is one of the most effective processes for compressing the design schedule. By having
the client's and contractor's input in real time as the design evolves reducing the amount of rework and redesign
required when program changes and value engineering are implemented after the design is developed. Coming
to consensus early, particularly on large items such as HVAC systems, finish materials and space requirements. For
example, our project at Queen Creek USD, each departments program included a dedicated conference room. With
all departments at the table during the design we are able to reduce seven conference rooms down to three shared
conference rooms by locating them a key locations in the plan that all departments could agree on.
Site Based Design
We bring the design team to you, to perform our Site Based Design process. We actively develop the design in your
offices where we interpret your programming requirements into design drawings with you. We explore and present
many ideas, images and solutions in search of the ideal design for you. A Construction Manager at Risk (CMAR) can add
valuable constructability reviews and assist in the estimating process.
Step 1. "Getting everyone under the umbrella". During this session we bring all the Owner's
stakeholders, CMAR, design professionals and consultants together to establish a common philosophy for
working together to achieve success as a team. We will discuss the best methods and procedures to resolve
conflicts, establish communication and work as a team.
Step 2."Visioning Session". In this session we will continue to work with the full project team to establish
the project vision that will drive all relevant design and project elements. A successful vision is important to
focus effort, establish priorities and keep the team aligned.
Step 3. "Milestones and phasing". The purpose of this session is to validate the owner provided
schedule, establish milestones for key activities and determine critical phasing. These elements will be
memorialized graphically to assist the University with communicating progress and the team with staying
on task.
Step 4. "Site Based Design". Again, with the full team in attendance in a collaborative effort, the project
program provided by the County will be analyzed,validated and integrated into conceptual design plans
featuring functional space plans, critical adjacencies, site plans, and conceptual building design. The
resulting conceptual design will:
» Develop a plan that addresses the County's goals for the design criteria.
» Help staff prioritize needs with realistic budgets.
» Identify topographical characteristics that affect layout and constructability.
» Facilitate dialogue to ensure sound design solutions.
>> Incorporate design elements that enhance environmental sustainability and energy efficiency.
The other tool Emc2 utilizes is Revit 3D Modeling software. Emc2 was an early adopter of this software and has found
it to be invaluable in designing and constructing buildings. By graphically preparing drawings in 3D, it is simple to
show clients or contractors exactly how spaces will appear in the built design. These drawings can be shared with
sub-contractor to assist them in preparing accurate shop drawings and also to assist them in identifying conflicts early.
Colors and finishes can be quickly modified to assist in decisions, remove uncertainity and reduce field changes. Even
portions of the building not graphically presented on the drawings are drawn in the model, giving the team to ability
to review all spaces from different views.
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b) Describe the resources that your firm uses in carrying out the above practices and procedures.
Emc2 has a strong reputation for sound and efficient design for public sector clients in Arizona. We have designed
projects similar to Maricopa County's needs, including holding cells, shooting range, park restroom renovations,
transportation centers, master planning, playgrounds and site improvements, community centers, miscellaneous
projects, and cost/benefit analyses, concept design reports, cost estimates, building material evaluations, etc.
Your Emc2 team is fully detailed in Section 2 of this Proposal. Each member of our team has a deep base of experience.
From their years of commitment to the renovation marketplace, they understand the necessity to expedite great
design. That will be their goal on these projects, and they will be fully committed to minimizing the project schedule.
5. ARIZONA BUSINESS AND LOCATION OF ARIZONA OFFICE
The Proposer selected under this RFQ must hold an Arizona Business License and have an Arizona office location. Include in
your Proposal a statement that you hold the appropriate license and the license type and number. Also, describe your existing
Arizona office,
STATE OF ARIZONA
BOARD OF TECH NIC:AL REGISTRATION
Emc2 holds a current
Registration from the State • FIRM REGISTRATION
of Arizona Board of Technical
FIRM NAME FiRM REGISTRATION NO 0141-0
Registration, as evidenced by Emc2 Group Architects Planners, PC
this scanned copy.
FIRM ADDRESS 030/2018
1635 N Greenfield Road
Suite 144
Mesa, Arizona 85205
SERVICES OFFERED
Architecture
Emc2 has an office in Mesa,
conveniently located near
freeways, which enhances
responsiveness. In order to
increase the level and quality
of collaboration, we take pride
in communicating throughout
the entire project. Working
with your County staff will be
no different. When not on site,
we work in virtual studios, an
approach which makes use of
video conferencing, and other
advantages in technology, to
enhance collaboration during all
phases of the project.
Maricopa County Architectural Services /0n-Call I Serial #180007-800 18

Attachment 1 - REFERENCE FORMAT
Maricopa County requires a minimum of three (3) Owner references and three (3) Contractor References for your
(most recently) completed projects, which are similar in magnitude, complexity, and dollar value.
1. Company Name: City of Mesa 4. Company Name: CORE Construction
Address: 20 E. Main Street, 5th Floor, Mesa, AZ 85032 Address: 3036 E Greenway Road, Phoenix, AZ 85032
Phone Number: 480.644.2650 Phone Number: 602.494.0800
Facsimile Number: 480.644.3392 Facsimile Number: 602.494.0800
Person to Contact: Ryan Nichols Person to Contact: Mike Stecyk
(Email Address): ryan.nichols@mesaaz.gov (Email Address):mikestecyk@coreconstruction.com
Owner's Bid # or Project #: 0212288.02 Owner's Bid # or Project #: 0212288.02
Date of Completion: December 15, 2015 Date of Completion: December 15, 2015
Project Delivery Method (DBB/DB/CMAR): CMAR Project Delivery Method (DBB/DB/CMAR): CMAR
Brief Project Description (Including Partnering Team and Brief Project Description (Including Partnering Team and
Owner's project name): Upgrade of existing Mesa Police Owner's project name):Upgrade of existing Mesa Police
Department Holding Facility. Team: CORE Construction Department Holding Facility. Team: CORE Construction
and Emc2. and Emc2.
2. Company Name: City of Mesa 5. Company Name: Adolfson & Peterson
Address:20 E. Main Street, 5th Floor, Mesa, AZ 85032 Address: 5002 S. Ash Avenue, Tempe, AZ 85282
Phone Number: 480.644.2635 Phone Number: 480.345.8700
Facsimile Number: 480.644.3392 Facsimile Number: 480.345.8755
Person to Contact: Michael Samer Person to Contact: Bryan Dunn (currently with Kitchell)
(Email Address): michael.samer@mesaaz.gov (Email Address): bdunn@kitchell.com
Owner's Bid # or Project #: 0212288.05 Owner's Bid # or Project #: 0610229.00
Date of Completion: March 26, 2016 Date of Completion: October 2010
Project Delivery Method (DBB/DB/CMAR): DBB Project Delivery Method (DBB/DB/CMAR): CMAR
Brief Project Description (Including Partnering Team and Brief Project Description (Including Partnering Team and
Owner's project name): Firearms Range Improvement Owner's project name): Agua Fria Union High School
Project - adaptive reuse. Team: Bayley Construction and District Administration Center Tenant Improvements,
Emc2 Team: Adolfson & Peterson and Emc2.
3. Company Name: Agua Fria Union High School Dist. 6. Company Name: Centennial Contractors
Address: 1481 N Eliseo Felix Jr Way, Avondale, AZ 85323 Address: 3877 N 7th Street, #190, Phoenix, AZ 85014
Phone Number: Phone Number: 602.230.9987
Facsimile Number: Facsimile Number: 602. 230.9982
Person to Contact: Mary Hammonds Person to Contact: Bill Jenkins
(Email Address): mhammonds@aguafria.org (Email Address): bjenkins@cce-inc.com
Owner's Bid # or Project #: 0610229.00 Owner's Bid # or Project #: 0212288.01
Date of Completion: October 2010 Date of Completion: December 2013
Project Delivery Method (DBB/DB/CMAR): CMAR Project Delivery Method (DBB/DB/CMAR): JOC
Brief Project Description (Including Partnering Team Brief Project Description (Including Partnering Team and
and Owner's project nanne):1481 N Eliseo Felix Jr Way, Owner's project name): Red Mountain Library ThinkSpot
Avondale, AZ 85323 Team: Centennial and Emc2.

1635 N. Greenfield Road, Suite 144
Mesa, Arizona 85205
P: 480.830.3838
F: 480.830.3860
www.emc2architects.com