179004-CONTRACT ESD.PDF

SD
ENGINEERING SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Term Mechanical Engineering Services
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 179004-ROQ
Contract # 179004-ROQ
C-
Project # 179004-ROQ
Facilities Management Department
MARICOPA COUNTY, ARIZONA
3 YEAR TERM
ENGINEERING SERVICES CONTRACT
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ Page 1
Term Mechanical Engineering Services

Table of Contents
RECITALS 4
SECTION I - ENGINEER'S BASIC SERVICES 4
SECTION II- PERIOD OF SERVICE 5
SECTION III - REIMBURSABLE EXPENSES 6
SECTION IV - COUNTY RESPONSIBILITIES 7
SECTION V - COMPENSATION AND PAYMENTS 7
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES 8
SECTION VII- ENGINEER'S ACCOUNTING RECORDS 9
SECTION VIII - TERMINATION OF AGREEMENT 9
SECTION IX - OWNERSHIP OF DOCUMENTS 9
SECTION X - GENERAL CONSIDERATIONS 9
SECTION XI- INDEMNIFICATION AND INSURANCE 10
SECTION XII - SUCCESSORS AND ASSIGNS 12
SECTION XIII - NO KICK-BACK 13
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY 13
SECTION XV - INDEPENDENT CONTRACTOR 13
SECTION XVI - CONFLICTS 14
SECTION XVII - CONTINGENCY FEE 14
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH 14
SECTION XIX - COMPLIANCE WITH LAWS 14
SECTION XX - SEVERANCE 15
SECTION XXI - JOINT PREPARATION 15
SECTION XXII - PRIORITY OF PROVISIONS 15
SECTION XXIII - APPLICABLE LAW AND VENUE 15
SECTION xxrv - AMENDMENTS 15
SECTION XXV - PRIOR AGREEMENTS 15
SECITON XXVI - DRUG-FREE WORKPLACE 16
SECTION XXVII - INCORPORATION BY REFERENCE 16
SECTION XXVIII - LEGAL WORKER REQUIREMENTS 16
SECTION XXIX - ATTACHMENTS 16
SECTION XXX - NOTICES 16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION 17
SECTION XXXII - CONTRACT EXECUTION 18
SECTION XXXIII - ISRAEL BOYCOTT: 18
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EXHIBIT A - PROJECT SERVICES 20
I - GENERAL 20
II- PRE-DESIGN SERVICES PHASE 20
III - SCHEMATIC DESIGN PHASE 20
IV - DESIGN DEVELOPMENT PHASE 21
V - CONSTRUCTION DOCUMENTS PHASE 21
VI- QUALITY ASSURANCE/QUALITY CONTROL 22
VII- BIDDING PHASE 23
Vifi - CONSTRUCTION PHASE 23
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES 25
X - OPERATION AND MAINTENANCE MANUAL(s) 26
EXHIBIT B — HOURLY RATES 28
EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
PARTICIPATION REPORTING FORM 29
EXHIBIT D - LEGAL WORKER CERTIFICATION 30
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION 31
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Energy Systems Design Inc.
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA
hereinafter called the "COUNTY" and Energy Systems Design Inc.; hereinafter called the "ENGINEER."
RECITALS
A. Pursuant to Arizona Revised Statutes § 11-251(8) and § 34-102, the Board of Supervisors has the authority
to enter into contracts for the construction of such buildings and structures are necessary, and for
alterations thereto, and for the employment of ENGINEERS as warranted by the type of construction.
B. The COUNTY proposes to engage the service of an engineering firm to perform certain engineering and
engineering services for the COUNTY on an "on-call" or "as needed" basis. This Agreement is intended
to cover performance by the ENGINEER under individual Task Orders. The terms of this Agreement and
a Task Order govern the ENGINEER's work unless the ENGINEER and the COUNTY agree otherwise n
writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration,
and other engineering services, and the ENGINEER is willing to prepare such drawings, plans,
specifications, cost estimates, provide construction administration, and perform other engineering services
under this Agreement as may be required by the COUNTY.
D. The COUNTY desires to contract with the ENGINEER for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other engineering services on such terms
and conditions as hereinafter follows:
E. NOW THEREFORE, on consideration of the premises and the mutual promises herein contained, the
COUNTY and the ENGINEER agree as follows:
SECTION I - ENGINEER'S BASIC SERVICES
A. GENERAL
1. The ENGINEER shall prepare drawings, plans, and specifications and cost estimates according to the
direction and designated standards of the COUNTY. Also, in consideration of the fee hereinafter
stated, the ENGINEER agrees to perform contract administration, inspection services and other
engineering services on the PROJECT as described in this Section. It is understood and agreed that
the County's authorized Administration for the PROJECT shall be the Director of Facilities
Management Department, or designee.
2. The ENGINEER shall review the requirements of the PROJECT as outlined by the COUNTY. Prior
to performance of any services under this Agreement, the ENGINEER and his consultants shall meet
with the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ENGINEER shall be responsible for providing written minutes of all PROJECT meetings that
occur during the course of this work under this Agreement, which are attended by the ENGINEER or
his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent
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to, and received by, the COUNTY no later than three (3) working days after the meeting date. The
ENGINEER will be responsible for final publishing and distributing of meeting minutes as directed by
the COUNTY.
4. The ENGINEER will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ENGINEER at
times appropriate to the PROJECT. At no time shall the ENGINEER meet with jurisdictional agencies
without prior consent or attendance of COUNTY representatives.
5. The ENGINEER may be required to coordinate with the COUNTY and its designated workstation
supplier for the design and provisions for installation of open office workstations. This work may
include but is not limited to: layout of workstations per COUNTY standards, providing backgrounds
on AutoCAD to the supplier for shop drawing purposes, coordination with the electrical systems of the
building, and provision in the specifications for installation of COUNTY supplied workstations by the
Contractor.
6. As a part of basic services, the ENGINEER will produce record drawings from the marked-up plans
prepared by the Contractor. Record drawings shall be submitted on CD discs as required by the
COUNTY containing the complete drawings in a pdf electronic foimat that is 100% compatible with
AutoCAD, references bound.
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") for reference only.
SECTION II- PERIOD OF SERVICE
A. The initial contract shall be in effect for no longer than Three (3) calendar years from the date of approval
by the Maricopa County Board of Supervisors. If work is underway under the terms of this contract at the
time of the expiration date, the contract expiration date shall be extended to the date for completion of
services underway. Furthermore, by mutual written agreement between the County and ENGINEER, this
contract may be extended for a period of two (2), One (I) 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 ENGINEER shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ENGINEER will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall
be included in the allotted calendar days for Design phase and shall be considered to be included in each
project schedule. ENGINEER revisions, additions and corrections required by the COUNTY through its
review of each phase's first document submittal, shall be required as part of the work of each subsequent
phase if applicable. A time extension will not be granted during such phase for these document
modifications. Construction document revisions as required by regulatory agencies and the COUNTY
shall be accomplished by the ENGINEER within the stated period for that phase.
D. The ENGINEER shall provide construction administration services from the date of construction contract
award through the PROJECT construction period and final written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when the building(s) and related warranty work is accepted in writing by the
COUNTY.
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E. The ENGINEER may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION HI - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ENGINEER, his employees, or his professional consultants in the interest of the
Project and have the specific prior written approval of the COUNTY. The ENGINEER hereby agrees that
no reimbursable expense shall be incurred, nor requested for payment, without the ENGINEER having
obtained prior written approval of the COUNTY. The COUNTY is under no obligation to pay the
ENGINEER for such expenses without evidence of the COUNTY'S written consent prior to the
ENGINEER incurring such expenses. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C
below, if requested by the COUNTY for additional plan review sets or for bidding purposes.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ENGINEER with the
COUNTY'S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ENGINEER only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ENGINEER's fee. Normal overhead and operating costs shall
include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses.
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY' s Notice to Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the COUNTY
will not pay for any of the following expenses of the ENGINEER:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ENGINEER or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ENGINEER or its sub-consultants whether or not employees of the
COUNTY are in attendance for meetings or other gatherings related to project work for the COUNTY,
except where authorized in writing in advance for out-of-state consultants/sub-consultants traveling to
Arizona or out of state travel related to the assignment.
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D. Unless specifically authorized in writing, the ENGINEER shall use the COUNTY contracted printing
vendor for all reproduction work if copies are required by the COUNTY in addition to the review
document sets required elsewhere in this Agreement.
E. The ENGINEER shall accompany each payment request for Reimbursable Expenses with a copy of the
original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves the right to
reject any and all requests for payment of Reimbursable Expenses costs where no invoice or receipt is
attached.
F. The ENGINEER shall only be paid the actual amount charged to the ENGINEER by the original vendor
for Reimbursable Expenses.
G. Refer to Exhibit "B" for hourly billing rates for ENGINEER staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
1. Review of documents submitted by the ENGINEER.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ENGINEER as described in this Agreement.
3. Response to the ENGINEER's written request for decisions within a reasonable amount of time, such
time being appropriate to the request.
4. The necessary staff for consultation with the ENGINEER during program review, schematic, design
development and construction document phases in order to identify problems, needs and other
functional aspects of the PROJECT.
5. Staff for consultation with the ENGINEER and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for 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 said
jurisdictional authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ENGINEER and Contractor
performance during the period of performance of the ENGINEER's services under this Agreement. The
COUNTY's monitoring of the ENGINEER'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
ENGINEER'S duties and responsibilities to provide the usual and customary basic engineering services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ENGINEER shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ENGINEER shall be compensated on an hourly fees basis in accordance with those items
listed in Exhibit B — Hourly Rates.
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B. All engineering service requests for payment shall be submitted to the COUNTY for review in electronic
format and approval and must be accompanied by a detailed invoice as required by the COUNTY. A
detailed invoice shall include copies of all related invoices and substantiating receipts; a completed SBE
reporting form; and/or other documentation for any charges incurred. Where pre-authorization is required
by the County, a copy of the written pre-authorization of the County will be included with the invoice
where those charges are submitted.
1. Invoices shall be submitted to: FMD-AccountsPayable@mail.maricopa.gov with all required
supporting documentation. Invoices should not be hand-delivered, mailed or otherwise transmitted.
C. The ENGINEER's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent upon receipt of ENG1NEER's field reports.
D. The ENGINEER shall be limited to a maximum total fee of Two Million Dollars, and no cents
($2,000,000.00) 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 ENGINEER during the term of the contract.
E. Payment for additional services as authorized by the COUNTY shall be made upon completion of the
additional services and upon receipt of a detailed invoice and request for payment.
F. If the PROJECT is abandoned or suspended in whole or in part, for a period of more than 180 days
through no fault of the ENGINEER, the ENGINEER is to be paid for the services actually performed in
accordance with ARS Section 34-104.F, but not for any services not actually performed.
G. No deductions shall be made from the ENG1NEER's compensation on account of retainage withheld from
payments to Contractors.
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ENGINEER shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ENGINEER cause the publication of the PROJECT Construction Budget or
construction cost estimates or reveal same to anyone other than authorized COUNTY personnel.
B. To help ensure that the PROJECT is under budget, the ENGINEER shall include, as part of the bid
package, additive alternates which represent up to 10 percent of the PROJECT construction budget and do
not materially affect the basic function, operation, or design intent of the facility. The ENGINEER will
identify and make recommendations on the various alternates, but acceptance of any or all of the alternates
will be the sole responsibility of the COUNTY.
C. The successful construction bid as herein referenced, means the bid amount submitted by the Contractor
actually awarded the PROJECT by the Board of Supervisors and shall include the cost for all work
designed or specified by the ENGINEER.
D. Over-Budget Bids. In the event a PROJECT is bid and the lowest responsible bid is higher than the
COUNTY construction budget amount for the specific project, the COUNTY may reject all bids or
appropriate such additional moneys as are necessary to award the bid. In the event the COUNTY elects to
reject all bids, the COUNTY may direct the ENGINEER to revise the drawings, plans, and specifications
at no additional expense to the COUNTY in order to obtain a bid for construction not exceeding the
construction budget amount.
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SECTION VII - ENGINEER'S ACCOUNTING RECORDS
A. Records of the ENGINEER's direct personnel payroll, and reimbursable expense pertaining to the
PROJECT and accounts between the COUNTY and ENGINEER shall be kept on a generally recognized
accounting basis for a period of no less than nine years after final completion of the PROJECT and shall be
available to the COUNTY (on reasonable notice) for examination during normal business hours.
SECTION VHI - TERMINATION OF AGREEMENT
A. The COUNTY and the ENGINEER hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ENGINEER's services or portion of the PROJECT for
which services have been performed by the ENGINEER.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ENGINEER in writing, and immediately after receiving such notice, the
ENGINEER shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ENGINEER's principal place of business.
C. Upon such teimination or abandonment, the ENGINEER shall appraise the work completed and submit his
appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the ENGINEER's
work to appraise the work completed.
D. Except when terminated for delinquency, insolvency, or non-compliance with the terms of this Agreement,
the ENGINEER shall receive as compensation for services performed to the date of such termination, a fee
for the percentage of the ENGINEER's services as provided in this Agreement under Section V, and that
fee shall be in the amount to be agreed mutually by the ENGINEER and the COUNTY. If there is no
mutual agreement, the COUNTY will use the same method used for "Additional Services" as a guide in
the fmal determination. In no event, however, shall the fee exceed that set forth in Section VI of this
document. The ENGINEER will not be paid for any services not actually performed.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ENGINEER may retain ownership of original drawings, plans, specifications, and related documents;
however, the COUNTY shall have ownership of the reproducible, specifications and other contract
documents as referred to in Section I, paragraph 3, and Section I, paragraph 6, which are to be delivered to
the COUNTY before the final payment is made to the ENGINEER. The COUNTY will not reuse, alter or
modify these reproducibles for other construction projects without first soliciting consultation from the
ENGINEER. In the event such documents are used without further consultation from the ENGINEER, the
COUNTY agrees to hold the ENGINEER harmless from any claim arising from the reuse of these
documents for subsequent construction work.
SECTION X - GENERAL CONSIDERATIONS
A. The use of words "he," "himself," "his," or other terms of masculine gender are intended to apply to both
genders, whether male or female.
B. All services provided by the ENGINEER under this Agreement shall be performed by employees, agents
or Consultants of the ENGINEER who are experienced and skilled in their profession and shall be
perfoimed in accordance with the standards of care and workmanship in their profession. The
ENGINEER's findings, recommendations and professional advice shall be based on practices and
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procedures customarily applied in his profession. The ENGINEER shall be solely responsible for the
completeness and accuracy of his drawings, plans, specifications, supporting data and documents prepared
or complied by either his staff or his Consultants in fulfillment of this Agreement.
C. The ENGINEER shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
D. The ENGINEER shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ENGINEER by the terms
of this Agreement, and to assume toward the ENGINEER all the obligations and responsibilities which the
ENGINEER, by this Agreement, assumes with the COUNTY. Said agreement shall preserve and protect
the rights of the COUNTY under this Agreement with respect to the services to be performed by the
Consultant so that the Consulting Services thereof will not prejudice such rights and shall allow to the
Consultant, unless specifically proved otherwise in the ENGINEER-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ENGINEER, that this ENGINEER, by this
Agreement, has against the COUNTY. Where appropriate, the ENGINEER shall require each Consultant
to enter into similar agreements with his sub-consultants. The ENGINEER shall make available to each
proposed Consultant prior to the execution of the ENGINEER-CONSULTANT written agreements, copies
of this Agreement to which the Consultant will be bound by this paragraph, and identify to the Consultant
any terms and conditions of the proposed ENGINEER-CONSULTANT written agreement which may be
at variance with this Agreement. Each Consultant shall similarly make copies of this Agreement available
to his sub-consultants.
E. During the course of PROJECT construction, should any defects be revealed which would adversely affect
the appearance or function of the PROJECT and which are the result of errors, omissions, or
inconsistencies in the drawings and specifications prepared by the ENGINEER, the ENGINEER shall, at
his expense, modify these drawings and specifications to resolve the defective conditions to the
satisfaction of the COUNTY without additional compensation.
SECTION XI— INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ENGINEER shall defend, indemnify, and
hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from and
against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have
resulted from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes of the
ENGINEER, his agents, representatives, employees, or consultants related to the perfoimance of the
Contract. ENGINEER's duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting therefrom, caused by the referenced
acts, errors, omissions or mistakes in the performance of this Contract including those made by any person
for whose acts, errors, omissions or mistakes ENGINEER may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph.
B. INSURANCE REQUIREMENTS - ENGINEER, at ENGINEER's own expense, shall purchase and
maintain the herein stipulated minimum insurance from a company or companies duly licensed by the
State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies, which are authorized
to do business in the State of Arizona, provided that said insurance companies meet the approval of
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
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1. All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this
Contract.
2. ENGINEER' s insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
3. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect the COUNTY'S right to coverage afforded under the
insurance policies.
4. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such
deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided
to COUNTY under such policies. ENGINEER shall be solely responsible for the deductible and/or
self-insured retention and COUNTY, at its option, may require ENGINEER to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of
credit.
5. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any
or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated,
however, to review such policies and/or endorsements or to advise ENGINEER of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ENGINEER from, or be deemed a
waiver of COUNTY'S right to insist on strict fulfillment of ENGINEER' s obligations under this
Contract.
6. The insurance policies required by this Contract, except Workers' Compensation, and 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 ENGINEER'S
work or service.
C. ENGINEER is required to procure and maintain the following coverages:
1. Commercial General Liability. Commercial General Liability insurance and, when necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence,
$2,000,000 Personal/Advertising Injury, $4,000,000 Products/Completed Operations Aggregate, and
$4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form
property damage, and blanket contractual coverage, and shall not contain any provision that would
serve to limit third party action over claims. There shall be no endorsement or modification of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground
property damage.
2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the ENGINEER' s owned, hired,
and non-owned vehicles assigned to or used in performance of the ENG1NEER's work or services
under this Contract.
3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the ENGINEER's employees engaged in the performance of
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the work or services under this Contract; and Employer's Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy
limit.
ENGINEER waives all rights against COUNTY and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the Workers' Compensation and
Employer's Liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the ENGINEER, with limits of no less than
$2,000,000 for each claim.
D. COVERAGES
Commercial General Liability $2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability $2,000,000 Each Occurrence
Workers' Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
Errors and Omissions $2,000,000 Each Claim
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ENGINEER shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or
faunal endorsements as required by the Contract in the form provided by the County, issued by
ENGINEER'S insurer(s), as evidence that policies providing the required coverages, conditions and limits
required by this Contract are in full force and effect. Such certificates shall identify this contract number
and title.
1. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made"
basis, coverage shall extend for two years past completion and acceptance of ENGINEER'S work or
services and as evidenced by annual Certificates of Insurance.
2. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY
fifteen (15) days prior to the expiration date.
F. CANCELLATION AND EXPIRATION NOTICE - Insurance required herein shall not expire, be
canceled, or materially changed without thirty (30) days prior written notice to COUNTY.
SECTION XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ENGINEER each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ENGINEER shall assign, sublet, or transfer his interest
in this Agreement without the written consent of the other. In no event shall any contractual relation be
created by this Agreement between any third party and the COUNTY. In the event ENGINEER changes
the name of the firm to which this contract has been awarded, it is incumbent upon ENGINEER to request
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COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ENGINEER' s name change. In the event ENGINEER chooses not to change its name for work
accomplished through this awarded contract, ENGINEER will issue all payments on the letterhead of the
firm contracted with the COUNTY under this contract. Failure to comply may result in the invoices of
ENGINEER being refused, which will result in a delay of payment to ENGINEER at no additional cost to
COUNTY.
SECTION XIII - NO KICK-BACK
A. The ENGINEER warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that
no member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ENGINEER and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement
without liability, or at its discretion to deduct from the Agreement prior to consideration, the full amount
of such commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented
or repealed from time to time.
B. It is Maricopa County's policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County's solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does
require that utilization of SBE firms by ENGINEER be reported for tracking by the County. A full
description of the County's SBE program and the contractual requirements are attached hereto and
incorporated herein by reference in Exhibit C.
C. CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-
09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded
at the Governor of the State of Arizona's website
http://www.azgovernor.govidms/upload/E0 2009 09.pdf which is hereby incorporated into this contract
as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not
discriminate against any employee, client or any or any other individual in any way because of that
person's age, race, creed, color, religion, sex, disability or national origin.
SECTION XV - INDEPENDENT CONTRACTOR
A. ENGINEER is an independent ENGINEER under this Agreement. Services provided by ENGINEER
pursuant to this Agreement shall be subject to the supervision of ENGINEER. In providing such services,
neither ENGINEER nor its agents shall act as officers, employees, or agents of the COUNTY. This
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Agreement shall not constitute or make the parties a partnership or joint venture. The COUNTY is not
responsible for any debt, default, act or omission of the ENGINEER.
SECTION XVI - CONFLICTS
A. Neither ENGINEER nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
ENGINEER' s loyal and conscientious exercise of judgment related to its performance under this
Agreement.
B. ENGINEER agrees that none of its officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a
party, unless compelled by court process. Further, ENGINEER agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse
or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude ENGINEER or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ENGINEER is permitted to utilize sub-consultants to perform any services required by this
Agreement, ENGINEER agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVH - CONTINGENCY FEE
A. ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ENGINEER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or violation of this
provision, COUNTY shall have the right to terminate this Agreement without liability at its discretion, or
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
A. COUNTY and ENGINEER agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this Agreement and, therefore, is a material term hereof.
B. COUNTY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deem a waiver of any subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
SECTION XDC - COMPLIANCE WITH LAWS
A. ENGINEER 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.
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SECTION XX - SEVERANCE
A. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless COUNTY or ENGINEER elects to terminate
this Agreement. An election to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
SECTION XXI - JOINT PREPARATION
A. The parties acknowledge that they have sought and received whatever competent advice and counsel as
was necessary for them to form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed
more severely against one of the parties than the other.
SECTION XXII - PRIORITY OF PROVISIONS
A. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
SECTION XXIII - APPLICABLE LAW AND VENUE
A. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the
State of Arizona. Venue for litigation or any proceedings concerning this Agreement shall be in Maricopa
County, Arizona.
SECTION XXIV - AMENDMENTS
A. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and ENGINEER.
B. All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County
Office of Procurement Services shall be responsible for approving all amendments for Maricopa County
SECTION XXV - PRIOR AGREEMENTS
A. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless set forth in writing in accordance with Section XXIV above.
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SECITON XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of
a drug free work place. Execution of this Agreement by ENGINEER shall serve, as ENGINEER's
required certification that it either has or that it will establish a drug free work place.
SECTION 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 XXVIH - LEGAL WORKER REQUIREMENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ENGINEER who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ENGINEER warrants that it complies fully
with all federal immigration laws and regulations that relate to its employees, that it shall verify, through
the employment verification pilot program as jointly administered by the U.S. Department of Homeland
Security and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its sub-contractors and
sub-sub-contractors to provide the same warranties to the ENGINEER. The ENGINEER acknowledges
that a breach of this warranty by ENGINEER or by any sub-contractor or sub-sub-contractor under this
Contract shall be deemed a material breach of this Contract, and is grounds for penalties, including
termination of this Contract, by Maricopa County. Maricopa County retains the right to inspect the records
of any ENGINEER, sub-contractor and sub-sub-contractor employee who performs work under this
Contract, and to conduct random verification of the employment records of the ENGINEER and any sub-
contractor and sub-sub-contractor who works on this Contract, to ensure that the ENGINEER and each
sub-contractor and sub-sub-contractor is complying with the warranties set forth above. ENGINEER shall
be responsible for all costs associated with compliance with this requirement.
SECTION XXIX — ATTACHMENTS
Exhibit A — Project Services
Exhibit B — Hourly Rates
Exhibit C — SBE Reporting Form
Exhibit D — Legal Worker Statement (from Statement of Qualifications)
Exhibit E — Alternative Dispute Resolution
SECTION XXX - NOTICES
Notices: All notice to be given hereunder shall be in writing, and may be given by depositing the same
in the United States mail addressed to the party to be notified, postpaid, return receipt requested or by
delivering the same n person to such party with written receipt of acknowledgement of delivery by a
person at the address(s) set forth below. All notices to be given to the parties hereto shall be sent to or
made to the addresses shown below. The place for giving notice shall remain the same as set forth
herein unless changed in the manner provided in this Section.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States mail, postage prepaid, return receipt requested, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
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intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this Section. For the present, the parties
designate the following:
Rich Wegele, Director
Maricopa County, Facilities Management Department
401 West Jefferson St
Phoenix, AZ 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Mo Ardebili, PE, Senior Principal
Energy Systems Design, Inc.
7135 E. Camelback Rd., Suite 275
Scottsdale, AZ 85251
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
A. Notice Prior to Execution of Work. If the ENGINEER wishes to make Claim for any increase in the
Project Cost, written notice must be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangered life or property. If the ENGINEER believes
additional cost is involved for reasons including but not limited to (1) a written interpretation from the
design, an order by the OWNER to stop the Work where the ENGINEER was not at fault, (2) other
reasonable grounds, a Claim shall be filed in accordance with this Section.
B. Fourteen Days After Occurrence. If the ENGINEER wishes to make a Claim for an increase in the
Project Cost, the ENGINEER shall give the OWNER written notice thereof within fourteen (14) days
after the occurrence of the event giving rise to such Claim or within fourteen (14) days after the
ENGINEER should have recognized, in the exercise of due diligence, the condition giving rise to such
Claim. The ENGINEER shall provide such notice before proceeding to perform the Work. Any
Claim with respect to an emergency shall be made not later than five (5) days after occurrence of the
emergency as to which the Work was performed.
C. Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase Project Cost in
strict compliance with the requirements of this Section shall constitute a waiver of such Claim.
D. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided for in as Exhibit E (attached hereto and incorporated herein by
this reference) shall be the exclusive means for resolution of claims or disputes arising under this
Contract.
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SECTION XXXII - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION X.XXIll - 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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Term Mechanical Engineering Services
179004-ROQ
Principal (Signature) Date
Firm Name Federal Tax Identification Number
92567
Printed Name NIGP Commodity Code (Advantage)
Vendor Payment Terms
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
Department Head Date Cha. u an, 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
3 YEAR TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 179004-ROQ
CONTRACT NO.: 179004-ROQ
I - GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ENGINEER provides professional services. The actual service requirements will vary with each
PROJECT. The ENGINEER and COUNTY will meet and review the scope of work for each PROJECT
completed under terms of this contract and the COUNTY will identify which services it requires of the
ENGINEER. Based upon the scope of work and the required services the ENGINEER shall prepare his
proposal, which shall include a design phase schedule. That schedule shall include: design by phases;
owner and stakeholder responses thereto (included in the times set); and permitting. The schedule will
then be updated and delivered electronically every two (2) weeks.
B. All services listed herein may not be required for a project completed by the ENGINEER. The COUNTY
reserves the right to request additional services not listed here from the ENGINEER if required to
complete the work, and to direct that any listed services not be performed.
C. ENGINEER shall send documents that are to be delivered to the COUNTY to the COUNTY's contract
vendor for printing, unless otherwise approved in writing by the COUNTY. The COUNTY will be billed
directly for these printing costs.
H - PRE-DESIGN SERVICES PHASE
A. The ENGINEER shall work with the Owner to develop a scope of work, phases, schedule and budget for a
specific project. These services shall include programming, space schematics and flow diagrams, survey
of existing facilities, marketing studies, economic feasibility studies, project financing studies, etc. The
ENGINEER shall incorporate COUNTY space and graphic standards, and shall develop a program for a
specific project.
B. After completion of the pre-design services, the ENGINEER shall present these documents to the
COUNTY for review, comments, and approval. The COUNTY shall have the right to make changes on
review at no cost to the COUNTY as long as the original PROJECT scope is not materially affected
C. The ENGINEER shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department Review Committee and/or County Board of Supervisors.
ifi - SCHEMATIC DESIGN PHASE
A. The ENGINEER 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 ENGINEER shall
prepare schematic design studies leading to the recommended design concept together with a general
description of the PROJECT in terms of its scale and interrelationship of parts. The ENGINEER shall
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submit four (4) sets of prints and an electronic copy of these documents to the COUNTY with a written
construction cost estimate based upon a current area, volume, or other unit cost criterion. Upon request the
ENGINEER shall provide the COUNTY, one (1) set of schematic design documents as revised by the
ENGINEER to incorporate COUNTY requested changes at the end of each respective design phase. The
schematic design documents will be in a pdf format acceptable to the COUNTY.
C. After completion of the schematic design studies and construction cost estimates, the ENGINEER shall
present these studies and estimates to the COUNTY for review, comment, and approval. The COUNTY
shall have the right to make changes on review at no cost to the COUNTY as long as the original
PROJECT scope is not materially affected.
D. The ENGINEER shall present, at the request of the COUNTY, the schematic design and construction cost
estimates to the Maricopa County Facilities Management Department Review Committee and/or County
Board of Supervisors.
IV - DESIGN DEVELOPMENT PHASE
A. After the schematic design studies and construction cost estimates are approved by the COUNTY and the
ENGINEER is so advised in writing by the COUNTY, the ENGINEER shall prepare from the approved
schematic design studies the design development documents and other criteria as may be appropriate.
B. The ENGINEER shall design the PROJECT so that the construction will conform to the requirements of
Title 34, Arizona Revised Statutes (ARS) regulating Public Buildings and Improvements as well as other
applicable laws, codes, and regulations.
C. The ENGINEER shall submit to the COUNTY a second construction cost estimate of the PROJECT and
of its major components based on the design development drawings and plans.
D. After completion of the design development phase and construction cost estimates, the ENGINEER shall
deliver four (4) sets of Design Development documents and outline specifications to the COUNTY for
review, comment, and approval. The Design Development Documents will be in a pdf format acceptable
to the COUNTY. The COUNTY shall have the right to make changes on review at no additional cost
provided that the previously approved design development phase concept is not materially affected by
these changes. Upon request, the ENGINEER shall provide the COUNTY, one (1) set of design
development documents as revised by the ENGINEER to incorporate COUNTY requested changes at the
end of each respective design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the design development documents and construction cost estimates have been approved by the
COUNTY and the ENGINEER has been so advised in writing by the COUNTY, the ENGINEER shall
prepare, from the approved design development documents, construction drawings, plans, and
specifications setting forth in detail the work required, and shall assist in the drafting of the Form of
Proposal for the construction contract.
B. The ENGINEER and his consultants shall prepare all drawings for the PROJECT utilizing AutoCAD.
The drawings shall conform to the "CAD Layer Guidelines" established by the COUNTY. Project
Manuals shall be prepared utilizing Microsoft Word. When requested by the COUNTY, the ENGINEER
shall deliver four (4) sets of 50% complete Construction Documents and project manuals for review and
comment by the COUNTY. The Construction Documents shall be in a pdf format acceptable to the
COUNTY.
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C. The ENGINEER shall prepare his drawings according to generally accepted practice, COUNTY
standards, and as defined by the "AJE Standard Operating Procedures Manual". The ENGINEER shall
include the General and Supplementary Conditions and General Requirements as required by the
COUNTY and as provided by the COUNTY.
D. The ENGINEER shall inform the COUNTY in writing of any adjustments to previous construction cost
estimates as indicated by changes in scope, requirements, or market conditions during the course of the
PROJECT.
E. The ENGINEER shall file the required Construction documents to secure approval of all governmental
authorities having jurisdiction over the design of the PROJECT. All filing and plans approval fees shall be
paid directly by the COUNTY. The ENGINEER shall comply with all applicable federal, state, and local
laws, codes, and regulations in effect at the time the construction contract documents (plans and
specifications) are submitted for regulatory approval. The ENGINEER shall be responsible for corrections
as required to comply with applicable laws, codes, and regulations at no additional cost to the COUNTY.
F. The ENGINEER shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of "Construction Documents" including Project Manuals for
review and approval to the COUNTY. The time required by the ENGINEER to make corrections to the
plans requested by the COUNTY or required by regulatory agencies is considered part of his total contract
time.
G. No later than 14 calendar days following submittal of "Construction Documents" to the COUNTY, the
ENGINEER shall submit a fmal construction cost estimate to the COUNTY, itemized by major categories
of work broken down according to the Construction Specification Institution's sixteen division standard.
H. After completion of the "Construction Documents" and after review by the COUNTY, the ENGINEER
shall, if requested by the COUNTY, present all documents to the Maricopa County Facilities Management
Department Review Committee and/or County Board of Supervisors.
VI- QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ENGINEER'S preparation of plans and specifications at the conclusion of
each of the design phases. The ENGINEER shall provide such information as the COUNTY may require
regarding the ENGINEER's design and selection of materials and equipment. ENGINEER shall provide, at
the COUNTY'S request, such data and information as COUNTY may require regarding ENGINEER'S
estimate of probable construction cost for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ENGINEER at
the completion of Schematic Design, Design Development and 50% of Construction Documents phases.
C. Within ten (10) days after the receipt of a Notice to Proceed, the ENGINEER shall provide the COUNTY
with a plan for Quality Assurance/Quality Control of the professional services the ENGINEER shall
provide for the PROJECT. The Quality Assurance/Quality Control plan shall be in accordance with the
"A/E Standard Operating Procedures Manual" and be executed through all phases of PROJECT work. The
ENGINEER shall be solely responsible for carrying out the Quality Assurance/Quality Control plan for the
PROJECT, the objective of which shall be to prevent errors and omissions in the plans and specifications
and other documents prepared by the ENGINEER. The COUNTY will monitor the ENGINEER's
implementation of the Quality Assurance/Quality Control plan, but the COUNTY will not be responsible
for the ENGINEER's failure to carry out the Quality Assurance/Quality Control plan nor for the accuracy
and quality of the ENGINEER's services. The ENGINEER shall maintain all quality control records for a
minimum of five (5) years following the date of substantial completion of the PROJECT. The COUNTY's
rights to examine such records shall not be construed to confer upon COUNTY a duty to check or examine
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such records, as the Quality Assurance/Quality Control plan and its documentation is the sole
responsibility of the ENGINEER.
D. Failure by the ENGINEER or his consultants to incorporate COUNTY or regulatory agency comments
into his plans shall constitute an error or omission on the part of the ENGINEER and the cost of any
necessary corrective action is to be borne by ENGINEER.
VII- BIDDING PHASE
A. Upon approval of the final "Construction Documents", including drawings, specifications, and other
contract documents, and upon issuance of a call for construction bids, the ENGINEER shall send
documents to COUNTY' s contract vendor. The COUNTY' s contract vendor shall be responsible for
printing and distribution of bid sets to contractors and bidding services. At the option of the COUNTY,
the ENGINEER may be responsible for the distribution of sets of bidding documents and shall collect a
deposit prior to release of any set, conditional upon the return of the bidding documents in reusable
condition.
B. The ENGINEER shall review all submittals from contractors or suppliers for requested substitutions. The
ENGINEER shall review all drawings, samples and various other submittals to determine compliance with
the PROJECT plans and specifications. If the ENGINEER determines that a substitution meets the
specifications, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall then publish in an addendum, a listing all prior approval substitutions approved by both
the ENGINEER and COUNTY not less than seven (7) days prior to the opening of bids. Failure by the
ENGINEER or his consultants to incorporate COUNTY comments, adequately evaluate substitutions and
issue the addenda according to statutory requirements shall constitute an error or omission on the part of
the ENGINEER and the cost of any necessary corrective action is to be borne by ENGINEER.
C. The ENGINEER shall prepare and distribute addenda as required.
D. The ENGINEER shall prepare the agenda and conduct a PROJECT pre-bid meeting for potential bidders
to encourage competent, competitive bids and to clarify any contractor questions about the PROJECT. At
this meeting the ENGINEER shall discuss the PROJECT scope of work, the contract documents, including
any addenda. The ENGINEER shall record minutes of the pre-bid meeting and forward a record of the
meeting to the COUNTY within three (3) working days after the pre-bid meeting.
E. BID OPENING - The ENGINEER shall attend the bid opening(s) for the PROJECT and upon receipt of
all bids, (if requested by the COUNTY) shall review and analyze same for the purpose of advising the
COUNTY as to the validity and completeness of bids, the resolution of any problems or inquiries
associated with the bidding process and the ENGINEER's recommendations as to which Contractors are
eligible and qualified to perform the work. The ENGINEER (if requested by the COUNTY) shall also
advise the COUNTY which if any, of the low bid Contractors should or should not be awarded contracts to
perform the work and shall appropriately justify this advice.
F. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ENGINEER' s estimate, the COUNTY may reject all bids or appropriate such additional moneys
as are necessary to award the bid. In the event the COUNTY elects to reject all bids, the COUNTY shall
direct the ENGINEER to redesign the PROJECT and re-bid the project, without additional fee.
VHI - CONSTRUCTION PHASE
A. The ENGINEER shall prepare the agenda, attend and assist the COUNTY in conducting the
pre-construction conference with the successful bidder. The ENGINEER shall record the pre-construction
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meeting and forward a written record of the meeting minutes to the COUNTY within three (3) working
days.
B. At the pre-construction conference the ENGINEER shall deliver to the COUNTY three (3) sets of posted
plans and specifications for the project. Two (2) sets shall be for other COUNTY use and one (1) set shall
remain in the construction office for use by the COUNTY and ENGINEER during the course of
construction.
C. The ENGINEER shall have access to the work on the PROJECT in normal business hours after proper
notice to the Contractor whenever the work is in preparation or progress. At all times, proper safety
precautions shall be taken by the ENGINEER.
D. The ENGINEER shall review and make recommendations to the COUNTY on all claims made by the
Contractor and on all other matters relating to the execution and progress of the work and regarding the
interpretation of the construction contract documents.
E. The ENGINEER shall timely review all shop drawings, samples and various other submittals to determine
compliance with the PROJECT plans and specifications. If the ENGINEER determines that a substitution
is required, the ENGINEER shall forward the request to the COUNTY with his recommendations. The
ENGINEER shall advise the COUNTY upon the rejection of any submittal item and provide to the
COUNTY an analysis that reflects the effect of such rejection upon the projects critical path and project
execution. As to submittals, ENGINEER will review submittals for items specifically mentions in the
Specifications. Responses shall be made within not less than fourteen (14) days after submittals are
received.
F. The ENGINEER shall prepare Proposal Requests and shall forward the proposal, together with the reason
and justification for the change, the evaluation of options to the proposed change, his recommendations
and evaluation of associated costs and effects upon the construction schedule to the COUNTY.
G. The ENGINEER shall review Change Order requests (if requested by the Owner) and shall forward the
proposed Change Order, together with his final recommendations to the COUNTY.
H. The ENGINEER shall respond to requests for information and shall issue such ENGINEER's
Supplemental Instructions, AIA Document G710, as are required for the clarification of the construction
contract documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL
INSTRUCTIONS AND FIELD ORDERS MUST HAVE THE APPROVAL OF THE COUNTY. RFI's
shall be submitted in numerical order, with no breaks in consecutive numbering. Each page of any
attachments to an RFI shall bear the RFI number. All RFI' s should be submitted by e-mail. RFI' s
requesting infoiniation already in the Contract Documents may be returned as frivolous. RFI's shall not be
utilized to approve submittals or substitutions nor to request Task Order Modifications or Change Orders,
RFI' s shall be responded to within seven (7) days of being received, referencing the RFI number.
I. The ENGINEER of record and the Consultants of record and their designated representatives shall make
periodic site visits for the purpose of determining general compliance with the approved PROJECT plans
and specifications.
1. The frequency of these periodic visits shall be determined by the particular work being performed and
their relationship to critical events including but not limited to: major system start-up's, and items of
normal building inspection procedures, particularly work that will be covered or concealed. Additional
attention shall be given and reported on construction items concealed later as PROJECT work
progresses.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 24

3. All visits shall be documented by dated reports on the ENGINEER's Field Report, AIA Document
G711. Problems requiring action by the ENGINEER or his consultants shall also be recorded, dated,
and appended to the Field Report. Copies shall be forwarded to the COUNTY weekly.
4. It is considered important that the quality of work to be later concealed be observed and documented
on a regular basis. Any deviations from the approved PROJECT plans and specifications shall be
brought to the attention of the Contractor and the COUNTY.
5. The ENGINEER shall review the plans maintained at the site by the Contractor for notion of "as-built"
construction and report to the COUNTY on the progress of the Contractor's change notation work
monthly with each request for payment.
6. The ENGINEER shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans
J. The ENGINEER shall review all Contractor payment requests and receipts for stored materials and certify
that to the best of his knowledge, information, and belief, based on what his observations have revealed,
the quality and quantity of the work is in accordance with the Contract Documents. As part of each
payment application review the ENGINEER shall review the as-built drawings to confirm they are current
and notify the Owner of their status.
K. The ENGINEER and OWNER shall review materials testing reports required by the construction
documents prior to filing. The ENGINEER shall review with the COUNTY and direct corrective work in
all instances where these reports indicate materials failure to meet specifications.
L. The ENGINEER shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ENGINEER shall conduct inspections and, subject to the COUNTY approval, determine
the Date of Substantial Completion and Final Completion and enter such date on the Certificate.
M. The ENGINEER will create the punch list upon Substantial Completion and review the perfoimances of
the items to assure their having been completed.
IX - ENGINEERS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ENGINEER that may be required on a PROJECT.
Upon the request by the COUNTY, the ENGINEER shall submit costs for requested additional services.
The ENGINEER is not to proceed with any additional services without written approval from the
COUNTY.
B. Upon request of the COUNTY, the ENGINEER shall maintain a competent full-time person at the Project
Site to monitor job progress and for conformance of materials and construction with the Contract
Documents for this new facility. The ENGINEER's full-time representative shall be an experienced
Arizona Registered ENGINEER suitable to the COUNTY who shall be present at the Project Site a
minimum of forty (40) hours per week and when any work by the contractor or his subcontractors is being
performed except for Arizona State authorized holiday periods. The ENGINEER' s office staff as required
shall support this resident observer.
1. A resume of this full-time representative shall be furnished to the COUNTY for review and approval.
This observer shall attend all progress meetings at which the COUNTY, ENGINEER, General
Contractor, and Subcontractors can discuss jointly job procedures, progress, problems, and scheduling.
2. The observer shall maintain at the Project Site, on a current basis, contract records, supplemental
instructions, records of all necessary contract, approved drawings and specifications, samples,
materials maintenance and operating manuals and instructions, and other construction related
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. I 79004-ROQ
Term Mechanical Engineering Services Page 25

documents, including all revisions thereto. He shall obtain from the Contractor a current set of record
drawings, specifications and operating manuals at the completion of the PROJECT. The ENGINEER
shall see that all record items are delivered to the COUNTY.
3. The observer will issue weekly field reports, electronically submitted to the COUNTY.
4. The period of service for the observer shall be based on an established construction period of time.
Should it appear that construction work would carry beyond the contracted period of service, an
additional service must be authorized by the COUNTY in writing to extend observer's services.
X - OPERATION AND MAINTENANCE MANUAL(s)
A. Upon request of the COUNTY, as a condition for Substantial Completion, the ENGINEER shall review
comprehensive Operation and Maintenance Manual for the PROJECT and warranties.
B. The ENGINEER shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor coordinate and conduct all required, training sessions as required by the COUNTY to fully
explain and understand the safe operation and maintenance of the system. The ENGINEER shall ensure
the proper inclusion and coordination by the Contractor of all required factory training aids and sessions,
written guarantees, bonds, warranties, parts lists, spare parts, extra materials, replacement materials,
operating manuals, and maintenance manuals, and all operating and maintenance audio and visual
instructional and training materials shall be delivered to the COUNTY. All training sessions shall be
recorded by the ENGINEER on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ENGINEER shall assist
the COUNTY in conducting a post-construction inspection at least sixty (60) days prior to the expiration of
the two-year post-construction warranty period as required in the ENGINEER prepared Contract
Documents, making diligent efforts to identify all deficiencies and warranty-related problems and provide
a report on all faults noted and discovered during the inspection to the COUNTY and Contractor at least
forty-five (45) days prior to the expiration of the two-year warranty period. The ENGINEER shall provide
monthly updates of this report, and such reports shall be continued on a monthly basis past the expiration
of the two-year warranty period until the Contractor has corrected all items noted on the post anniversary
inspection report.
E. RECORD DRAWINGS — Upon request of the COUNTY, the ENGINEER shall prepare record drawings
separately for the PROJECT, except that buried underground utilities must be shown as "As-Built" and
certified as such with the signature of the Contractor's Superintendent. The ENGINEER's Construction
Documents shall include this certification requirement. The record drawings shall be in CAD and pdf
fat mats.
F. If requested by the COUNTY, the ENGINEER shall retain the services of an Arizona registered
professional engineer to prepare the necessary plans and specifications for a fire sprinkler system for the
PROJECT. The design shall include pipe types and sizes, valve types and sizes and all notations necessary
to construct a complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ENGINEER extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service."
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 26

2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ENGINEER.
3. Consultation concerning replacement of any work damaged by fire, flood and other natural causes
during construction and furnishing professional services as may be required in connection with the
replacement of such work.
4. Arranging for the work to proceed should the Contractor default due to delinquency or insolvency
H. The ENGINEER shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation shall be in accordance with Exhibit B— Hourly
Rate.
I. It is distinctly understood and agreed that no claims for additional compensation will be allowed by the
COUNTY except as provided herein, nor shall the ENGINEER perform any work or furnish any materials
not covered by this Agreement. Such work or materials furnished by the ENGINEER without the written
authorization from the Director, Facilities Management Department, or his designee, shall be at his own
risk, cost and expense. The ENGINEER hereby agrees that without such prior written authorization, he
will make no claim for compensation for such work or materials furnished.
J. Failure to perform any part of the additional services identified within this section shall constitute a
violation of this contract. In the event of such failure, the COUNTY reserves the right to contract with
others to have these services completed and the full amount for such a contract as well as such reasonable
costs incurred by the COUNTY to obtain that contract shall be borne by the ENGINEER. This cost shall
be deducted from fees due the ENGINEER.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROO
Term Mechanical Engineering Services Page 27

EXHIBIT B — HOURLY RATES
Facilities Management Department
MARICORA COUNTY, ARIZONA
3 YEAR TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 179004-ROQ
CONTRACT NO. 179004-ROQ
COMPANY NAME: Energy Systems Design, Inc.
(The following is the format for the fees schedule)
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. I 79004-ROQ
Term Mechanical Engineering Services Page 28

Company Name: Energy Systems Design, Inc.
Direct Labor Billing
Staff Classification Hourly Rate Hourly Rate
Principal $ 63.30/hr $200.00/hr
Project Manager $ 56.49/hr $180.00/hr
Project Engineer $46.75/hr $160.00/hr
Engineer EIT $33.97/hr $125.00/hr
Designer/Drafter $27.10/hr $100.00/hr
Construction Inspector/ n/a n/a
Observer
Administrative $ 27.05/hr $ 85.00/hr
Multiplier: 2.72 1.72 % Overhead
10 % Profit

EXHIBIT C - MARICOPA COUNTY SMALL BUSINESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
Name of Prime Consultant/Contractor Contract No.
Contact Person Project No.
Street Address Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If work
was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the
SBE Firm Name SBE Finn 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, subconsultant or subcontractor with respect to
this pay application/invoice.
Date:
ggitlltur"
Phone No.:
Printed Name
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 29

Attachment 2 - LEGAL WORKER CERTIFICATION
May 23, 2017
(Date)
Maricopa County
Office of Procurement Services
320 W. Lincoln St. (2nd Floor)
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the "County") is prohibited, after September
30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with Arizona
Revised Statutes § 23-214-A. The undersigned entity warrants that it complies fully with all federal immigration
laws and regulations that relate to its employees, that it shall verify, through the employment verification pilot
program as jointly administered by the U.S. Department of Homeland Security and the Social Security
Administration or any of its successor programs, the employment eligibility of each employee hired after December
31, 2007, and that it shall require its subcontractors and sub-subcontractors to provide the same warranties to the
below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or sub -
subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the Contract,
and is grounds for penalties, including termination of the Contract, by the County. The County retains the right to
inspect the records of the below entity, subcontractor and sub-subcontractor employee who performs work under the
Contract, and to conduct random verification of the employment records of the below entity and any subcontractor
and sub-subcontractor who works on the Contract, to ensure that the below entity and each subcontractor and sub-
subcontractor is complying with the warranties set forth above.
Energy Systems Design, Inc. 7135 E. Camelback Rd. Ste. 275
(Firm) (Address Line 1)
Mo Ardebili, P.E. Scottsdale, AZ 85251
(Print Name) (Address Line 2)
Mechanical Engineer /CEO/Sr. Principal 480.481.4900
(Print Title, (Phone)
gid_14izde 480.481.4903
(Signature Required) (Fax)
Mo.Ardebili@esdaz.com 86-0746584
(Email Address) (Federal Taxpayer ID Number)
Request For Qualifications for Engineering Services Page 19
Term Mechanical Engineering Services Serial# 179004-ROQ

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 perfoimance
or breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts
containing this ADR provision. No changes can be made to this process without the mutual assent of
the County and the claimant. The parties have structured this procedure with the goal of providing for
the prompt, efficient and final resolution of all disputes falling within the purview of this ADR
process.
1.2 Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in
Paragraph 1.1 arises, senior representatives of the County and the claimant will meet personally within
ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith efforts,
resolution is not achieved, the dispute will proceed to mediation.
1.3 Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of
Arizona and have experience in construction law.
1.4 Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may mutually
agree to waive mediation and proceed directly to arbitration. If the mediation process is requested by
either party, the mediation period shall be informal and shall not exceed sixty (60) calendar days from
the selection of the mediator. During the mediation process either party may terminate mediation on
written notice to the other party and the mediator.
1.5 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by
the parties, or if a party requests arbitration during the mediation process. Except as provided in
Section 1.7.5 and 1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on the
parties and not subject to further judicial review.
1.5.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver
of mediation; or (3) of the party's demand to terminate mediation.
1.5.2 If the Engineer requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish the
amount of the cash bond to defray the cost of the arbitration and the proceeds from the bond
shall be allocated in accordance with paragraph 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5)
calendar days after the demand for arbitration.
1.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
shall each submit two names to a Judge designated by Maricopa County who shall select the
single arbitrator.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 31

1.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the Engineer appointed arbitrator and a third arbitrator who
shall be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
1.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration Act
("RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction
Rules shall serve as a guideline for proceedings, thus as a supplement to the RUAA.
1.6 Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to
set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for
scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not
expedited will commence as soon as practical but in no event later than thirty (30) calendar days after
notification of request for arbitration having been received. This deadline can be extended only with
the consent of all the parties to the dispute, or by decision of the single arbitrator or the Chair of the
arbitration panel upon a showing of good cause.
1.7 Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that
will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each
party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which
shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a
brief description of the subject matter of the testimony of each witness who will be called to testify,
and an estimate as to the length of time that will be required for the arbitration hearing. The single
arbitrator or the Chair of the arbitration panel shall determine the nature and scope of discovery, if any,
and the manner of presentation of relevant evidence consistent with deadlines provided herein, and the
parties' objective that disputes be resolved in a prompt and efficient manner No discovery may be
had of any materials or 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 confii in 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
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. I 79004-ROQ
Term Mechanical Engineering Services Page 32

is determined to involve less than $200,000, the arbitration shall continue before the Neutral
Arbitrator as a single arbitrator, with the party appointed arbitrators being excused.
1.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment on
it.
1.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator
or the single arbitrator or arbitration panel, may: (i) at the request of any party, join and/or
sever parties, and/or claims arising under other contracts containing this ADR provision, and
(ii) the Mediator, on his own authority, or the single arbitrator or arbitration panel may, on its
own authority, join or sever parties and/or claims subject to this ADR process as deemed
necessary for a just resolution of the dispute, consistent with the parties' goal of the prompt
and efficient resolution of disputes, provided; however, that the A/E, OWNER and Project
Professionals shall not be joined as a party to any claim made by a Engineer. Nothing herein
shall create the right by any party to assert claims against another party not arising under or
related to the Contract or not recognized under the substantive law as applicable to the dispute.
Neither the Mediator nor the single arbitrator or arbitration panel is authorized to join to the
proceeding parties not in privity with the County. The Engineer cannot be joined to any
pending arbitration proceeding, without Engineer express written consent and unless Engineer
is given the opportunity to participate in the selection of the single arbitrator or non-County
appointed arbitrator.
1.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the mediation. All fees and costs associated with any arbitration before the
single panel or arbitration panel, including without limitation the arbitrator fees, and the
prevailing party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the
non-prevailing party, except as provided for herein. In the event that Engineer is the non-
prevailing party, all fees and costs as noted above shall first be paid out of the bond posted
with the arbitrator. In no event shall the Engineer obligation to pay fees and costs be limited
to the amount of the bond posted herein. In no event shall any arbitrator's hourly fees be
awarded in an amount in excess of $250 per hour and (i) costs shall not include any travel
expenses in excess of mileage at the rate paid by Maricopa County, not to exceed a one way
trip of 150 miles, and (ii) all travel expenses, including meals, shall be reimbursed pursuant to
the travel policy of Maricopa County in effect at the time of the hearing. The determination of
prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, will be
included in the award by the single arbitrator or arbitration panel.
1.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to a
party's attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to seek
interim equitable relief, or to enforce an agreement reached by the parties or an award made
hereunder. This provision does not affect the County's right to inform the County Supervisors
of the dispute.
1.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a party or
to the Project pending resolution of a dispute pursuant to ADR provided herein. No court may
order any permanent injunctive relief except as may be necessary to enforce an order entered
by the arbitration panel. The fees and costs incurred in connection with any such equitable
proceeding shall be determined and assessed in ADR.
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 33

1.7.10 Change Order. Any award in favor of the Engineer against the County or in favor of the
County against the Engineer shall be reduced to a Change Order and executed by the parties in
accordance with the award and the provisions of the Contract or a settlement agreement as
appropriate.
1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include
all claims, demands, and requests for compensation for costs and losses or other relief,
including the extension of the Contract performance period which reasonably should or could
have been brought against any party that was or could have been brought into this ADR
process, with respect to the subject claim. The arbitration panel shall apply legal principles
commonly known as merger and bar to deny any claim or claims against any party regarding
which claim or claims recovery has been sought or should have been sought in a previously
adjudicated claim for an alleged cost, loss, breach, error, or omission.
1.8 Inclusion in Other Contracts. The Engineer shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 34

Maricopa County
Statement of Qualifications for Engineering Services
Serial # 179004-ROQ I Contract # 179004-ROQ
Due Date: Thursday, June 1, 2017
Due Time: 2:00 PM, (Arizona Time)
Submitted By: ENERGY MECHANICAL ENGINEERS
SYSTEMS ELECTRICAL ENGINEERS
DESIGN SUSTAINABLE DESIGN
Mo Ardebili, PE, LEED AP, Senior Principal, CEO I mo.ardebili@esdaz.com I P 480.481.4900
7135 East Camelback Road, Suite 275 I Scottsdale, AZ 85251 I www.esdaz.com

May 23, 2017
Paul Shamrock, Procurement Officer
Maricopa County Office of Procurement Services
320 West Lincoln Street, 2nd Floor
Phoenix, Arizona 85003
RE: Statements of Qualifications for Mechanical Engineering Services, SERIAL # 179004-ROQ
CONTRACT # 179004-ROQ
Dear Mr. Shamrock and Members of the Selection Committee:
Enclosed are our qualifications to provide the above Mechanical Engineering Services to Maricopa County.
We believe we are extremely well-qualified, and that the experience and level of services demonstrated by
our staff is among the best in Arizona.
Our overall firm resume reflects an extensive collection of remodeling projects, mechanical system
replacement projects, feasibility/energy studies and new construction — with varying levels of complexity
and budgets that give us the qualifications to provide on-call services.
We have experience with:
• Annual Contracts (Maricopa County, City of Phoenix, Maricopa Community Colleges, State of Arizona)
• Remodeling/Renovation/Upgrade
• Energy Analyses and Feasibility Studies
• Public Agencies
• A Wide Variety of Project Types and Sizes including Jail/Detention, Office/Administrative, Health/
Laboratory, Court, Historic, Parking and Records Storage as listed in the RFQ.
In addition we have:
• Qualified Personnel
• A High Level of Responsiveness
• 32 LEED® Certified projects (including Platinum, Gold and Silver Certification)
• Excellent References and Client Relationships
• A Commitment to Maricopa County
Due to the fast-track nature of many of our projects, we have gained considerable expertise in the remodel
and retrofit area. As a result of our commitment to respond rapidly and deliver quality work products that are
within budget expectations and that are delivered when promised, we have developed lasting relationships
with many clients.
We look forward to a favorable review of our qualifications, and to the opportunity to continue to provide
our mechanical, plumbing and electrical engineering services to Maricopa County.
Sincerely,
ENERGY SYSTEMS DESIGN, INC.
01.14‘Al '
Mo Ardebili, P.E., LEED AP, CPMP
Senior Principal, CEO
Term Engineering Services
SERIAL 4 I 79004-ROQ
CONTRACT 4 179004-ROQ

1. Pnor Expenence
Maricopa County East Court Building Renovations (Boors 6, 7, 8, 9 & Law Library)
a) Complete renovations to four floors (about 65,000 GSF) and the first floor library in the East Court Building.
MPE scope includes a new dual duct air distribution system, terminal units and required fire/smoke dampers
throughout, new domestic water and waste systems for all rest rooms, new lighting, general power/data, and
AV and Security Systems rough-in within all spaces including. The first floor kitchen and gift shop were also
converted to a new public library.
b) ESD provided complete mechanical, plumbing, and electrical engineering for this project.
c) The beginning and -final construction costs are as follows; 6th: $N.A., 7th: $2.8 million, 8th: $2.5 million,
and 9th: $2.8 million, Law Library: $N.A.
d) This project is on target to meet the original project schedule.
e) ESD has had no need for dispute resolution with any project team members.
f) We provide consistent communication with all the users and facilities personnel to ensure that the controls
and equipment that we specify is appropriate for the buildings' end objectives put forth by Maricopa County.
We designed the spaces based on "best practices" and follow up to prior design strategies allows up to
continually grow along with Maricopa County and their demands.
g) See reference on Attachment 1, No. 1.
Maricopa County Department of Transportation Building Renovations (Floors 1 and 2)
a) Complete renovations to two floors (about 42,000 GSF). Mechanical scope includes air distribution redesign,
VAV terminal units, fire/smoke dampers, equipment schedules, details, sequence of control/diagrams, IECC
audits, outside air calculations and heating/cooling air calculations.
b) ESD provided complete mechanical and electrical engineering for this project.
c) The original and current contract sums are $63,000.
d) This project is on target to meet the original project schedule.
e) ESD has had no need for dispute resolution with any project team members.
f) Our team works side by side Fucello Architects and strives to keep all parties up to date with project status
and daily interaction and feedback from team members as this is vital to the project success.
g) See reference on Attachment 1, No. 2.
Maricopa County West Courts Data Center and BIX Upgrades
a) Preparation of the engineering analysis and full mechanical and electrical design documents required to
upgrade the existing Maricopa County BIX Rooms and the West Courts Data Center (WCDC), both located
in the basement of the West Courts Building. Major systems upgrades included providing a new UPS Room
with redundant (2N) UPS systems with a new standby generator system. Major mechanical systems upgrades
included the coordination of several maintenance activities; provided (1) 10 ton DX cooling unit in BIX1 and
in BIX2; modified the WCDEC cooling system by replacing the existing York units and providing a new 20
ton DX up-flow unit; and modified the air distribution system to provide more consistent, reliable cooling.
We also provided the design to remove the existing wet pipe sprinkler system and upgraded the fire protection
system in all three areas to current data center standards. There were also several architectural and structural
issues identified and ESD subcontracted an Architect and Structural Engineer as needed.
b) ESD provided complete mechanical, plumbing, and electrical engineering for this project.
c) The original contract sun was $240,000 and the final amount was $259,434. The contract increase were due
to a customer requested changes (field investigation services, calculation of maximum design loads, and the
installation of data loggers at ATS stations).
d) This project was designed within the original project schedule.
e) ESD had no need for dispute resolution with any project team members.
f) ESD worked with Maricopa County FMD and the Technology Department to define the requirements
related to the BIX and Data Center Room upgrades. Our leadership in this effort helped to significantly
reduce the impacts related to system outages and building on operations and to reduce construction costs.
g) See reference on Attachment 1, No.3.
Term Engineering Services Page 1
SERIAL 4 179004-ROQ
CONTRACT 4 179004-ROQ

1. Prior Experience
Arizona Department of Corrections HVAC System Replacement at Six Prisons
a) Design of HVAC Systems to convert evaporative cooled spaces to air conditioned spaces in several
locations throughout Arizona.
b) ESD provided complete mechanical, plumbing, and electrical engineering for this project.
c) The original and final construction costs were $3,062,547.
d) This project was completed within the project schedule, and met the schedule while incorporating additional
services requested by the Owner.
e) ESD had no need for dispute resolution with any project team members.
f) ESD served as the prime consultant for this complicated project to add air conditioning and heating to
existing evap cooled inmate wings at six prisons. Each site required a different solution based on existing
building and security configurations and restrictions. ESD hired the architect, acted as the project manager
and worked closely with the Department of Corrections and the Contractor to develop cost effective solutions
that could be implemented in occupied prisons without compromising security or safety of inmates. All six
projects were completed on time and within budget.
g) See reference on Attachment 1, No. 4.
White Tank Library and Nature Center, LEED® Platinum
a) 29,000 SF branch library with on-site café, meeting room space, and collection capacity of 75,000 items.
Building includes enough solar to be self-sufficient.
b) ESD provided complete mechanical, plumbing, and electrical engineering.
c) Project budget was $8,000,000; we stayed within the project budget on the design side despite owner
generated change orders and additional services. The contractor came in $100,000 under the GMP, with the
addition of $300,000 worth of additional scope added.
d) This project was completed within the project schedule, and met the schedule while incorporating additional
scope requested by the Owner.
e) ESD had no need for dispute resolution with any project team members.
0 This project was expedited successfully by all team members working side by side from start to finish with
design/build delivery. Communication and foresight were both keys to staying within budget and schedule on
this complex library.
g) See reference on Attachment 1, No. 5.
Peoria Courts Expansion and Renovation, LEEDO Gold
a) 29,000 SF expansion of the exiting plus remodel of the existing courtroom and holding cell area to allow
larger and more efficient in-custody proceedings; (1) new 2,300 SF jury courtroom and jury deliberation area,
(2) new hearing rooms (approx. 530 SF each), (1) 900 SF jury assembly room, (1) 1,000 SF training room,
expansion of the Prosecutors and Court Administration office areas and M & E and life safety upgrades.
b) ESD provided complete mechanical, plumbing, and electrical engineering.
c) Project budget was $8,300,000, and the contractor was able to have a cost savings of $294,563 which was
returned to City of Peoria.
d) This project was completed within the project schedule.
e) ESD had no need for dispute resolution with any project team members.
f) The Architect and ESD worked with the court personnel and the designer groups throughout the project,
which allowed us to have insight to the clients specific needs goals throughout the design process. Our firm
used Revit to identify potential problems by using clash detection. This saved time and money by allowing
all team members to see what aspects of the design needed to be changed and enhanced coordination between
each design and construction discipline. We also performed cost analysis for systems and materials, which
avoided complications later in the project. The project goal was LEED Silver; however our design team
allowed us to achieve LEED Gold. Key sustainability factors were daylighting, optimized energy efficient
mechanical units and low-flow plumbing fixtures.
g) See reference on Attachment 1, No. 6.
\y rille i ant; I .1 bran
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_term Engineering Services Page 2
SERIAL 4 179004-R.OQ
CONTRACT 4 179004-ROQ

2. Key 'earn Members
Energy Systems Design, Inc. is a client-focused team of mechanical, plumbing and electrical engineers
located in Scottsdale, Arizona. We are committed to creative and technically innovative solutions, and
sustainable engineering design for every project. Long before it became imperative, we recognized the need
to provide responsible energy conservation and alternative energy solutions. ESD is a member of the US
Green Building Council and seven of our Design Staff are LEEDO Accredited Professionals.
Established in 1988, we currently have a staff of 33, with 9 registered professional engineers, 20 designers,
and 3 clerical staff at our single, corporate office location. Our goal is to meet Maricopa County's project
needs, and provide the most cost beneficial designs and solutions that are in your best interest. Though our
experience encompasses an extensive range of project types, our approach is simple: sound engineering, cost
effective design with ease of operation, flexibility for future growth and energy conscious design.
Mechanical Engineers:
Mo Ardebili, P.E., LEED AP, Commissioning Process Management Professional; Senior Principal
Monte Sturdevant, P.E., Certified Energy Manager; President
Plumbing Designer:
William Schubert, C.P.D.; Vice President
2A. Organizati al Chart 213. Include examples of projects where staff assigned to this
contract have worked together as a team.
1. Maricopa County Administration Building Restack
2. Peoria Courts Renovation and Expansion, LEED Gold
3. Arizona State Hospital Aspen Hall Water Piping Evaluation
4. Digital Realty Trust Data Center Expansion, Chandler, AZ
5. Phoenix Art Museum Renovation and Addition
e a 0 aeaaaaa l a aaaa 0000 6. Sky Song Phases I and II, Scottsdale, AZ
Energy Systems Design 7. Peoria City Hall Central Plant Renovation
• CEO/Sr. Principal/Project Manager 8. Climatec Corporate Office Building, Phoenix, AZ
Mechanical Engineer 9. Maricopa Parks Nature Center, Lake Pleasant, AZ
• Mo Ardebili, RE., LEED AP, CPMP 10. ADOA Data Center, Phoenix, AZ
mseaaeasea.oeee President weac 2 3 4 5 6 7 8 9 10
•Mechanical Engineer/Project Manager Mo Ardebili V v
• Monte Sturdevant, P.E., C.E.M. Monte Sturdevant V V v
Senior Plumbing Designer William Schubert V V v
• William Schubert, C.P.D.
3. Arizona Business anc Location of Arizona 0 ice
Energy Systems Design is registered with the State of Arizona Board of Technical Registration (mechanical
and ,electrical engineering): 10226-0. We are a corporation that was founded in 1987 and incorporated in
1994. Our Arizona License is: 07-574454-C Our single office is located in Scottsdale, Arizona at 7135 E.
Camelback Road, Suite 275. Our company was founded in Phoenix and we operate from one office location.
All staff live locally, year-round, in the metro-Phoenix area. Figure 3A
Currently, we hold several contracts with other government agencies. Jail/Detention 12
Listed in Figure 3A are common facility types that would be serviced Office/Admin 132
under this contract along with the number of completed projects over the Health/Lab 98
past three years. Court 11
Museum/ Library 5
Parking 20
Industrial 15
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SERIAL # 179004-ROQ
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4. Project Cost and Time Savings
A. Describe what practices, procedures, and resources you propose to save time and minimize cost,
:,oth in your own engineering services and in the overall design approach to the assigned projects.
Budget Adherence/Cost Saving Opportunities:
We have demonstrated success in the use of practical and cost effective designs by specifying user-friendly
systems and designing systems that save energy and money. ESD has solid ongoing working relationships
with several Mechanical and Electrical subcontractors. These relationships allow us to leverage their expertise
with current construction costing into our designs to evaluate systems and associated construction costs. In
addition, we work closely with construction cost estimators to develop and maintain budget cost models.
It is imperative that construction cost is considered from Schematic Design through Design Development
and Construction Documents. The key is that the design documents must be comprehensive enough at each
design phase for accurate construction costing to keep the project on budget without being so detailed that
engineering costs are increased due to redesign to keep the project in budget. Another equally important factor
is ongoing energy and maintenance costs. We have bench marked projects in Energy Star Portfolio Manager
which allows an owner to compare their energy use with other facilities of the same type, as well as their own
performance. We also perform in-house energy modeling which can estimate the energy use of a building and
its design in the schematic stages of a project. We use these estimates to make educated decisions on how
best to design specific systems to attain the most practical and cost efficient solutions and give options to the
County on various design/equipment. ESD is also an SRP Qualified Service Provider and an APS Trade Ally
which allows us to provide project specific information on available rebates and incentives.
Staffing of project teams during production: ESD uses effective communication among our disciplines
to provide efficient resource management internally. We shift significant and specialized staff to the project
when needed to accommodate production periods. This allows us to cut critical production times and meet
project design schedules while reducing our engineering costs.
rming and Development Department coordination: We have extensive code knowledge and experience
with the County permitting process. If appropriate, we will meet early with Plan Review staff to map out a
strategy for streamlining the process. We can identify early on which improvements will require peimitting
and which may not. After determining a prioritized building schedule we discuss grouping projects into
permitting "packages" to reduce plan review times and fees. We use the following programs that are tried
and true, best in class for design, communication and documentation: CAD, REVIT, Auto Desk, Adobe
Software, Outlook and Microsoft Office, Sharefile, Bluebeam, Navisworks We have found that utilizing
online coordination software is very beneficial to the project's overall organization and efficiency. We have
used multiple types (including proprietary programs) based on what works best with the team.
History of collaborative working relationship with Maricopa County: Our firm has completed over 50
projects for Maricopa County. We are extremely familiar with security and access control requirements,
County Development Standards, Ergonomics/FF&E policies and the IPD philosophy. This knowledge has
been gained through our on-going collaboration with the FMD and the County's stakeholders.
Term Engineering Services Page 4
SERIAL 4 179004-ROQ
CONTRACT 4 179004-ROQ

Key Personnel - Resumes
Mo ArcbiIi , P.E. Mechanical Engineer
CEO, Senior Principal
Professional Experience
For over 40 years, Mr. Ardebili has successfully designed various HVAC,
plumbing, and fire protection systems for municipalities, data centers,
universities, office buildings, hospitals, schools, resorts, public works, and central
plants. He maintains direct involvement in the planning, design and production of
projects, as well as managing ESD's growth and development. Mr. Ardebili's area
of expertise is in the study and design of energy efficient central plants, including
thermal storage and cogeneration; commercial design-build; laboratory and hi-
tech industrial (clean room) projects. His involvement in the study and design of
cogeneration, thermal storage, and energy plants has made him one of the
pioneers in the field of energy.
Recent relevant projects include the following:
State of Arizona
Education • ADOA Data Center
B.S. Mechanical Engineering • ADOA Annual Professional Services Contract (since 2012)
Iowa State University, 1977 • DPS Forensic Sciences Lab Chiller/Cooling Tower Replacement
• DPS Print Shop Exhaust
Air Conditioning Design City of Phoenix
University of Missouri, 1978 • MEP On-Call Contracts
Energy Conservation • Phoenix City Hall Cooling Tower Analysis and Replacement
in Buildings City of Mesa
ASHRAE, 1979 • ITD Building HVAC improvements
Professional Registration • On-Call Contract
Mechanical Engineering City of Chandler
Arizona #17853 • Chandler Property and Evidence Storage Remodel and Addition
California City of Peoria
Colorado • City Hall Central Plant Renovation
Kansas Maricopa County
Missouri • West Courts Data Center and BIX Upgrades, Phoenix, AZ
Nevada • Durango Jail Airflow/Sound Readings
New Mexico • Estrella Jail HVAC/Electrical Study
Oregon • Central Courts and East Courts Outside Air Modifications;
Texas • Madison Street Jail, ADA Upgrades
Utah • Attorney's Offices, Wells Fargo Plaza
Washington • Sheriff's Offices, Wells Fargo Plaza
Wisconsin • Durango Parking Garage, Phoenix, AZ
Affiliations • Administration Building Restack, Phoenix, AZ
American Society of • White Tank Library, LEED Platinum, Waddell, AZ
Heating, Refrigerating and City of Goodyear
Air Conditioning Engineers • Goodyear City Center, Goodyear, AZ - Design Only
LEED Accredited Professional
Commissioning Process
Management Professional
29 Years with ESD, Founder
Term Engineering Services Page 5
SERIAL 4 179004-ROQ
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Key Personnel - Resumes
G. Monte S .devant, P.E. Mechanic I Engineer
President
Professional Expenen
Mr. Sturdevant has over 35 years of experience in the mechanical engineering
consulting field designing HVAC and plumbing systems for commercial,
industrial and institutional projects. His responsibilities include sustainable
design of central heating and cooling plants, piping systems, air handling
systems, thermal storage systems, medical gas systems, plumbing systems, and
fire protection systems. Mr. Sturdevant has extensive project management
experience. He is organized and well-versed in coordination, documentation and
communication with the project team through the life of each project. Other areas
of responsibility include writing specification, preparing construction cost
estimates, conducting energy studies, and field observations.
Recent relevant projects include the following:
State of Arizona
Education • ADOC HVAC System Replacement for Six Prisons
B.S. Mechanical Engineering • ADOR Chiller Replacement
Oklahoma State University, • ADOA State Hospital Underground Utility Piping Evaluation
1982 • ADOA Annual Professional Services Contract (since 2012)
• ADOA Adobe Mountain Juvenile Detention Center Housing Upgrades
Professional Registration • ADOA Adobe Mountain Juvenile Detention Center Piping Upgrades
Mechanical Engineering • ADOC State Hospital and Prison Multiple Renovations
Arizona #20981 • ADOT New North Phoenix Maintenance Yard Buildings
Illinois • ADOT Motor Vehicle Division, Tucson, Scottsdale
South Carolina • ADOT Prescott Valley Equipment Buildings
• ADOT Operations Building Data Center Assessment and Renovations
Affiliations • DES Data Center and UPS Replacement, Phoenix, AZ
American Society of Heating, Maricopa County
Refrigerating and Air • Durango Superior Courts Remodel
Conditioning Engineers • SE Valley Juvenile Detention Kitchen Renovations
• SE Valley Durango Detention Kitchen Renovations
American Society of Plumbing • SE Sheriff's Substation Kitchen Renovations
Engineers • MCSO Vehicle and Evidence Processing Centers remodel
• MCSO Inmate Canteen & Central Stores Relocation
Certified Energy Manager • Clerk of Court Micrographics Area Remodel
• Administrative Data Center Mechanical Modifications
24 Years with ESD • Central Courts Facility Mechanical Systems Modifications
• Downtown Courts Complex Chiller #5 Replacement; AHU; and Modifications
City of Phoenix
• South Transit Facility Refurbishment
• Police 911 Call Center Cooling Tower Replacement
• City Hall Cooling Tower Replacement
• Civic Plaza Convention Center Upgrades & South Dock Marshalling Bay
City of Peoria
• New Police Patrol Services Building
• Courts Expansion and Renovation LEEDO Gold
• Central Plant for City Hall
• Administration/Information Technology Building Renovation
Term Engineering Services Page 6
SERIAL # 179004-ROQ
CONTRACT 34 179004-ROQ

Key Personnel - Resumes
7 :[[iarn E. Schubert, C.P.D Cert d E bing Designer
Plumbing Engineer / Vice President
Professional Experience
Mr. Schubert has more than 40 years of experience in the engineering design
field. He has gained valuable experience coordinating work schedules with "fast
track" construction and conventional bidding. He has experience with process
' piping and fire protection systems design and is responsible for managing
plumbing design, piping and fire protection systems design, production of
plumbing design documents, and supervision of plumbing department
personnel.
Recent relevant projects include the following:
State of Arizona
• ADOA Annual Professional Services Contract (since 2012)
• ADOA Adobe Mountain Juvenile Detention Center Housing Upgrades
• ADOA Adobe Mountain Juvenile Detention Center Water Softener
Replacement
Education • ADOC State Hospital and Prison
Water Systems and Plumbing Maricopa County
Design Certificate • West Courts Data Center and BIX Upgrades
New York University School of • East Courts Change of Venue, -,th_' / 9 Floor Renovations
Continuing Education, 1974 • Central Courts Building Domestic Water Repairs
• Centralized Services Kitchen Equipment Upgrades
Certification in Plumbing • SE Valley Juvenile Detention Kitchen Renovations
Engineering (CIPE) • SE Valley Juvenile Detention Kitchen Renovations
American Society of • SE Sheriff's Substation Kitchen Renovations
Plumbing Engineers, 1983 • White Tank Library LEED® Platinum
City of Phoenix
Rio Salado College, 1988 • MEP On-Call Contracts
I' South Transit Facility Refurbishment
Paradise Valley Community • Summit Apartments Design Services
College, 1990 I' Sky Harbor Restroom Renovations, Terminal 4, Concourse N2, N3 & N4
• Sky Train BIM Services
Professional Registration • Phoenix Art Museum Renovation
Certified Plumbing Designer • North Mountain Interpretive Center
(CPD), 2015 • Civic Center South Grease Interceptor
• Transit West Maintenance
Affiliations • Cesar Chavez Library LEED® Silver
American Society of Plumbing
Engineers
15 Years with ESD
Term Engineering Services Page 7
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CONTRACT 4 179004-ROQ

Attachments
Tenn Engineering Services Page 8
SERIAL 4 179004-ROQ
CONTRACT 4 179004-ROQ

PART II: ATTACHMENTS
Attachment 1- REFERENCE FORMAT
Maricopa County requires a minimum of four (4) references and or a maximum of seven (7) (most recently)
completed projects, which are similar in magnitude, complexity, and dollar value. This form may be replicated as
needed to be responsive to the Request for Qualifications.
1. Company Name: Maricopa County Facilities Management
Address: 401 W Jefferson St. Phoenix, AZ 85003
Phone Number: 602.506.0602
Facsimile Number: 602.506.1556
Person to Contact: Edward Wimmer
(Email Address): EdwardWimmer@mail.maricopa.gov
Owner's Bid # or Project #: Multiple
Date of Completion: On going
Brief Project Description (Including Partnering Team and Owner's project name): Maricopa East Court
Building Multiple Floor Renovations/ Maricopa County; MPE engineering for roughly 65,000 GSF completed
by Energy Systems Design and Dick and Fritsche Design Group team. First floor library architect is Fucello
Architects.
2. Company Name: Fucello Architects
Address: 4419 N Scottsdale Rd #206, Scottsdale, AZ 85251
Phone Number: 480.947.2960
Facsimile Number: 480.947.2964
Person to Contact: Steven Fucello
(Email Address): sfucello@fucelloarchitects.com
Owner's Bid # or Project #: ESD #161149
Date of Completion: On going
Brief Project Description (Including Partnering Team and Owner's project name):
White Tank Library and Nature Center, LEED Platinum / Maricopa County Library District; 29,000 GSF
Branch Library in Waddell, AZ
3. Company Name: Maricopa County Facilities Management
Address: 401 W Jefferson St. Phoenix, AZ 85003
Phone Number 602.372.2481
Facsimile Number: 602.506.1556
Person to Contact: John Brodie
(Email Address): john.brodie@fin.maricopa.gov
Owner's Bid # or Project #: Vendor #W000000934X
Date of Completion: 8/2016
Brief Project Description (Including Partnering Team and Owner's project name): West Courts Data Center
and BIX Upgrades / Maricopa County; Analysis and design for upgrade to Maricopa County BIX Rooms and
the West Courts Data Center (WCDC)
4. Company Name: Arizona Department of Corrections
Address: 1645 W. Jefferson St. Phoenix, AZ 85007
Phone Number: 602.364.1172
Facsimile Number: 602.364.3780
Person to Contact: Cherie Randall
(Email Address): CRandall@azcorrections.gov
Owner's Bid # or Project #: ADOC 15-081105/ADC No.! 5-076-15
Date of Completion: May 2016
Brief Project Description (Including Partnering Team and Owner's project name): HVAC System
Replacement / Arizona Department of Corrections; Design of HVAC Systems to convert evap. cooled spaces to
air conditioned at six locations
Request For Qualifications for Engineering Services Page 18
Term Mechanical Engineering Services Serial# 179004-ROQ

PART II: ATTACHMENTS
Attachment 1- REFERENCE FORMAT ( Cont.)
5. Company Name: DWL Architects + Planners, Inc.
Address: 2333 North Central Avenue Phoenix, Arizona 85004
Phone Number: 602.264.9731
Facsimile Number: 602.264.1928
Person to Contact . Adam Sprenger
(Email Address): sprenger@dwlarchitects.com
Owner's Bid # or Project #: 081149
Date of Completion: 12/2010
Brief Project Description (Including Partnering Team and Owner's project
name): White Tank Library and Nature Center, LEED Platinum / Maricopa
County Library District; 29,000 GSF Branch Library completed by the Energy
Systems Design and DWL Architects + Planners, Inc. team
6. Company Name: City of Peoria
Address: 8401 W. Monroe St., Peoria, AZ 85345
Phone Number: (623) 773-7266
Facsimile Number: (623) 773-7223
Person to Contact: Ed Striffler
(Email Address): ed.striffler@peoria17.com
Owner's Bid # or Project #: Solicitation # was PO4-0016
Date of Completion: 10/2004
Brief Project Description (Including Partnering Team and Owner's project
name): Peoria Courts Expansion and Renovation, LEED Gold / City of Peoria
29,000 SF renovations to existing courtroom and holding cell area completed by
Energy Systems Design and Dick and Fritsche Design Group team.
Request For Qualifications for Engineering Services Page 18
Term Mechanical Engineering Services Serial# 179004-ROQ

Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of Energy Systems Design, Inc. (firm name), I submit that the named firm is applying for the
marked engineering fields listed below. I further certify that those fields of engineering are provided by the named
firm in-house and are not supplied by the use of outside sub-consultants. I further submit and certify that my firm
has the appropriate licenses and registrations as required under Arizona Statute.
FILLI) Pli()V1DED FILED PII0V1DE
(X) 1) (X)
MECHANICAL ENGINEERING (X)
Mo Aredbili, P.E.
Printed
CEO/Sr. Principal
Title
May 23, 2017
Date
Request For Qualifications for Engineering Services Page 20
Term Mechanical Engineering Services Serial# 179004-ROQ

Attachment 4- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
COUNTY OF MARICOPA
Mo Ardebili, RE. being first duly sworn, deposes and says:
That he is CEO. /Si Principal Energy Systems Design, Inc.
(Title) (Name of Business)
bidding on 179004-ROQ for the construction of Term Mechanical Engineering Services in the County of
Maricopa, State of Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business,
has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other
act in restraint ofiade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
Subscribed and sworn to before me this day o ,20 17
My Commission Expires: ,jr_f/s,v4iy
ELCZA -13-EIH K RUYLE
Notary Public - Arizona
Maricopa County
(Notary Public) My Commission Expires
(Please ensure seal is visible) February 5, 2018
Request For °notifications for Engineering Services Page 21
Term Afechanical Engineering Services Serial, 179004-ROO

Exhibit 2- MARICOPA COUNTY SMALL BUSINESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to be submitted with each pa;' 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.
Energy Systems Design, Inc.
Name of Prime Consultant/Contractor Contract No.
Mo Ardebili, P.E.
Contact Person Project No.
7135 E. Camelback Rd. Ste. 275
Street Address Amount of this Pay Application/Invoice
Scottsdale, AZ 85251
City, State, ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay application/invoice. If
work was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-1001, et seq., then you may list
your firm as the SBE firm.
SBE Firm Name SBE Firm Address Type of Work Performed $ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
Ki A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with respect
to this pay application/invoice.
Date: May 23, 2017
Phone No.: 480.481.4900 Mo Ardebili, P.E.
Printed Name
Request For Qualifications for Engineering Services Page 23
Term Mechanical Engineering Services Serial# 179004-ROQ

Exhibit 3—CONTRACT DOCUMENTS
CURRENT VERSION OF THE MARICOPA COUNTY STANDARD FORM OF CONTRACT
Contract forms for this project are:
Engineering Services Contract (submitted as a separate document) incorporated herein by reference as
though fully set forth herein.
For a current version of the Engineering Service Contract please send a written request to the Contracting
Officer.
Request For Qualifications for Engineering Services Page 24
Term Mechanical Engineering Services Serial# 179004-ROQ