179004-CONTRACT VB&F.PDF

F
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. I 79004-ROQ
Term Mechanical Engineering Services Page I

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
- PRE-DESIGN SERVICES PHASE 20
III - SCHEMATIC DESIGN PHASE 20
IV - DESIGN DEVELOPMENT PHASE 21
V - CONSTRUCTION DOCUMENTS PHASE 21
VI- QUALITY ASSURANCE/QUALITY CONTROL 22
VII- BIDDING PHASE 23
VIII- CONSTRUCTION PHASE 23
IN - 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 Van Boerum & Frank Associates, Inc.
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA
hereinafter called the "COUNTY" and Van Boerum & Frank Associates, 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 perfolin 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
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his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent
to, and received by, the COUNTY no later than three (3) working days after the meeting date. The
ENGINEER will be responsible for final publishing and distributing of meeting minutes as directed by
the COUNTY.
4. The ENGINEER will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ENGINEER at
times appropriate to the PROJECT. At no time shall the ENGINEER meet with jurisdictional agencies
without prior consent or attendance of COUNTY representatives.
5. The ENGINEER may be required to coordinate with the COUNTY and its designated workstation
supplier for the design and provisions for installation of open office workstations. This work may
include but is not limited to: layout of workstations per COUNTY standards, providing backgrounds
on AutoCAD to the supplier for shop drawing purposes, coordination with the electrical systems of the
building, and provision in the specifications for installation of COUNTY supplied workstations by the
Contractor.
6. As a part of basic services, the ENGINEER will produce record drawings from the marked-up plans
prepared by the Contractor. Record drawings shall be submitted on CD discs as required by the
COUNTY containing the complete drawings in a pdf electronic format that is 100% compatible with
AutoCAD, references bound.
7. Typical project services are listed in attached Exhibit A. The compensation method shall be
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 tem' of this contract,
including all extension periods, shall not exceed five (5) years.
B. Based upon the mutually agreed scope of work for a project, the ENGINEER shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ENGINEER will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall
be included in the allotted calendar days for Design phase and shall be considered to be included in each
project schedule. ENGINEER revisions, additions and corrections required by the COUNTY through its
review of each phase's first document submittal, shall be required as part of the work of each subsequent
phase if applicable. A time extension will not be granted during such phase for these document
modifications. Construction document revisions as required by regulatory agencies and the COUNTY
shall be accomplished by the ENGINEER within the stated period for that phase.
D. The ENGINEER shall provide construction administration services from the date of construction contract
award through the PROJECT construction period and final written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when the building(s) and related warranty work is accepted in writing by the
COUNTY.
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E. The ENGINEER may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION III - REIMBURSABLE EXPENSES
A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ENGINEER, his employees, or his professional consultants in the interest of the
Project and have the specific prior written approval of the COUNTY. The ENGINEER hereby agrees that
no reimbursable expense shall be incurred, nor requested for payment, without the ENGINEER having
obtained prior written approval of the COUNTY. The COUNTY is under no obligation to pay the
ENGINEER for such expenses without evidence of the COUNTY'S written consent prior to the
ENGINEER incurring such expenses. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C
below, if requested by the COUNTY for additional plan review sets or for bidding purposes.
2. Permit fees if levied by an authorized regulatory agency and paid directly by the ENGINEER with the
COUNTY'S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ENGINEER only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ENGINEER's fee. Nomial 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 fauns 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 infoluation, 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 ENG1NEER's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent upon receipt of ENGINEER's field reports.
D. The ENGINEER shall be limited to a maximum total fee of 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 VIII- TERMINATION OF AGREEMENT
A. The COUNTY and the ENGINEER hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ENGINEER's services or portion of the PROJECT for
which services have been performed by the ENGINEER.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ENGINEER in writing, and immediately after receiving such notice, the
ENGINEER shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ENGINEER's principal place of business.
C. Upon such termination or abandonment, the ENGINEER shall appraise the work completed and submit his
appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the ENGINEER' s
work to appraise the work completed.
D. Except when 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 final determination. In no event, however, shall the fee exceed that set forth in Section VI of this
document. The ENGINEER will not be paid for any services not actually 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 fmal 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
performed in accordance with the standards of care and workmanship in their profession. The
ENGINEER's findings, recommendations and professional advice shall be based on practices and
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procedures customarily applied in his profession. The ENGINEER shall be solely responsible for the
completeness and accuracy of his drawings, plans, specifications, supporting data and documents prepared
or complied by either his staff or his Consultants in fulfillment of this Agreement.
C. The ENGINEER shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
D. The ENGINEER shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ENGINEER by the terms
of this Agreement, and to assume toward the ENGINEER all the obligations and responsibilities which the
ENGINEER, by this Agreement, assumes with the COUNTY. Said agrfeement 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— IN1)E1VINIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ENGINEER shall defend, indemnify, and
hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from and
against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have
resulted from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes of the
ENGINEER, his agents, representatives, employees, or consultants related to the performance of the
Contract. ENGINEER' s duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property, including loss of use resulting therefrom, caused by the referenced
acts, errors, omissions or mistakes in the 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 ENGINEER's work or services
under this Contract.
3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the ENGINEER's employees engaged in the performance of
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the work or services under this Contract; and Employer's Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy
limit.
ENGINEER waives all rights against COUNTY and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the Workers' Compensation and
Employer's Liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the ENGINEER, with limits of no less than
$2,000,000 for each claim.
D. COVERAGES
Commercial General Liability $2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability $2,000,000 Each Occurrence
Workers' Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
Errors and Omissions $2,000,000 Each Claim
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ENGINEER shall furnish COUNTY with Certificates of Insurance in a folm acceptable to COUNTY, or
formal endorsements as required by the Contract in the form provided by the County, issued by
ENGINEER'S insurer(s), as evidence that policies providing the required coverages, conditions and limits
required by this Contract are in full force and effect. Such certificates shall identify this contract number
and title.
1. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made"
basis, coverage shall extend for two years past completion and acceptance of ENGINEER'S work or
services and as evidenced by annual Certificates of Insurance.
2. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY
fifteen (15) days prior to the expiration date.
F. CANCELLATION AND EXPIRATION NOTICE - Insurance required herein shall not expire, be
canceled, or materially changed without thirty (30) days prior written notice to COUNTY.
SECTION XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ENGINEER each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ENGINEER shall assign, sublet, or transfer his interest
in this Agreement without the written consent of the other. In no event shall any contractual relation be
created by this Agreement between any third party and the COUNTY. In the event ENGINEER changes
the name of the firm to which this contract has been awarded, it is incumbent upon ENGINEER to request
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COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ENGINEER' s name change. In the event ENGINEER chooses not to change its name for work
accomplished through this awarded contract, ENGINEER will issue all payments on the letterhead of the
firm contracted with the COUNTY under this contract. Failure to comply may result in the invoices of
ENGINEER being refused, which will result in a delay of payment to ENGINEER at no additional cost to
COUNTY.
SECTION XIII - NO KICK-BACK
A. The ENGINEER warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that
no member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ENGINEER and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement
without liability, or at its discretion to deduct from the Agreement prior to consideration, the full amount
of such commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented
or repealed from time to time.
B. It is Maricopa County's policy to provide Small Business Enterprises (SBE) with the opportunity to
participate in the County's solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does
require that utilization of SBE firms by ENGINEER be reported for tracking by the County. A full
description of the County's SBE program and the contractual requirements are attached hereto and
incorporated herein by reference in Exhibit C.
C. CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-
09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded
at the Governor of the State of Arizona's website
http://www.azgovernor.gov/dms/uploadfEO_200909.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 XVII - CONTINGENCY FEE
A. ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ENGINEER, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for ENGINEER, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or violation of this
provision, COUNTY shall have the right to teiminate 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 XVHI - 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 XIX - 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 teiminate
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 fmal.
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 foimality 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 tenns 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 XXVH - INCORPORATION BY REFERENCE
A. The truth and accuracy of each "Whereas" clause set forth herein is acknowledged by the parties. The
attached Exhibits are incorporated into and made a part of this Agreement.
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ENGINEER who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ENGINEER warrants that it complies fully
with all federal immigration laws and regulations that relate to its employees, that it shall verify, through
the employment verification pilot program as jointly administered by the U.S. Department of Homeland
Security and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its sub-contractors and
sub-sub-contractors to provide the same warranties to the ENGINEER. The ENGINEER acknowledges
that a breach of this warranty by ENGINEER or by any sub-contractor or sub-sub-contractor under this
Contract shall be deemed a material breach of this Contract, and is grounds for penalties, including
termination of this Contract, by Maricopa County. Maricopa County retains the right to inspect the records
of any ENGINEER, sub-contractor and sub-sub-contractor employee who performs work under this
Contract, and to conduct random verification of the employment records of the ENGINEER and any sub-
contractor and sub-sub-contractor who works on this Contract, to ensure that the ENGINEER and each
sub-contractor and sub-sub-contractor is complying with the warranties set forth above. ENGINEER shall
be responsible for all costs associated with compliance with this requirement.
SECTION XXIX — ATTACHMENTS
Exhibit A — Project Services
Exhibit B — Hourly Rates
Exhibit C — SBE Reporting Point
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:
Byron Torgersen, PE, Principal
Van Boerum & Frank Associates, Inc.
1602 S. Priest Dr., Suite 103
Tempe, AZ 85281
SECTION X,XXI - 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 /CXXII - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION XXXIII - ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9, Arizona
Revised Statutes Section 35-393 et. seq..
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Tenn 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 Chaiiiiian, 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 Depal tment 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 "A/E 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 final construction cost estimate to the COUNTY, itemized by major categories
of work broken down according to the Construction Specification Institution's sixteen division standard.
H. After completion of the "Construction Documents" and after review by the COUNTY, the ENGINEER
shall, if requested by the COUNTY, present all documents to the Maricopa County Facilities Management
Department Review Committee and/or County Board of Supervisors.
VI- QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ENGINEER'S preparation of plans and specifications at the conclusion of
each of the design phases. The ENGINEER shall provide such information as the COUNTY may require
regarding the 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 information already in the Contract Documents may be returned as frivolous. RFI' s shall not be
utilized to approve submittals or substitutions nor to request Task Order Modifications or Change Orders,
RFI's shall be responded to within seven (7) days of being received, referencing the RFI number.
I. The ENGINEER of record and the Consultants of record and their designated representatives shall make
periodic site visits for the purpose of deteimining 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 performances of
the items to assure their having been completed.
lx - 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. 179004-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
formats.
F. If requested by the COUNTY, the ENGINEER shall retain the services of an Arizona registered
professional engineer to prepare the necessary plans and specifications for a fire sprinkler system for the
PROJECT. The design shall include pipe types and sizes, valve types and sizes and all notations necessary
to construct a complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ENGINEER extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service."
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
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-ROQ
Term Mechanical Engineering Services Page 27

EXHIBIT B — HOURLY RATES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
3 YEAR TERM
ENGINEERING SERVICES CONTRACT
SERIAL # 179004-ROQ
CONTRACT NO. 179004-ROQ
COMPANY NAME: Van Boerum & Frank Associates, Inc.
(The following is the format for the fees schedule).
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROO
Term Mechanical Engineering Services Page 28

FACILITIES MANAGEMENT DEPARTMENT
MARICOPA COUNTY, ARIZONA
EXHIBIT B- FEE SCHEDULE
MECHANICAL, ELECTRICAL, PLUMBING, AND FIRE PROTECTION ENGINEERING SERVICES
COMPANY NAME: Van Boerum & Frank Associates, Inc.
(The following is the format for the fees schedule. Please add/delete applicable job classifications as
may be applicable to on-call/as required project work assignments).
STAFF CLASSIFICATION DIRECT LABOR BILLING
HOURLY RATE HOURLY RATE
Principal 54.76 178.30
Senior Project Manager N/A N/A
Project Manager 38.09 124.03
Project Engineer 31.93 103.94
Engineer 27.88 90.77
Engineering Designer 25.41 82.73
Specifications Writer 54.76 178.30
AutoCAD Operator 19.73 64.24
Cost Estimator 54.76 178.30
Administrative/Clerical Support Included Included
Drafter 19.73 64.24
Multiplier: 196 % 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.
SBE Firm Name SBE Firm Address Type of Work Performed $ Pd to SBE this App/inv
$
$
$
$
$
$
$
$
$
$
0 A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with respect to
this pay application/invoice.
Date:
Phone No.:
Printed Name
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-ROQ
Term Mechanical Engineering Services Page 29

VAN BOERUM
8( FRANK ASSOCIATES, INC.
CONSULflNG ENGINEERS
ATTACHMENT 2 - LEGAL WORKER CERTIFICATION
May 31, 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.
Van Boerum & Frank Associates, Inc. 1602 S Priest Drive, Suite 103
(Firm) (Address Line 1)
Byron Torgersen, P.E. Tempe, Arizona 85281
(Print Name) (Address Line 2)
480-889-5075
(Phone)
480-889-5076
(Fax)
btorgersen@vbfa.com 87-0292348
(Email Address) (Federal Taxpayer ID Number)

EXHIBIT E
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution ("ADR") process provided herein shall be the exclusive means for resolution of
claims or disputes arising under or related to the Contract, the interpretation thereof or the performance
or breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts
containing this ADR provision. No changes can be made to this process without the mutual assent of
the County and the claimant. The parties have structured this procedure with the goal of providing for
the prompt, efficient and fmal 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 infounation for which a privilege is recognized by Arizona law. The single
arbitrator or the Chair upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or information from
public disclosure or other misuse. Any party may make application to the Maricopa County Superior
Court to have a protective order entered as may be appropriate to confirm or enforce such orders of the
Chair.
1.7.1 Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed
from working day to working day until concluded, absent a showing of good cause.
1.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing
issue an award. The arbitration panel shall, within ten (10) calendar days from the conclusion
of any hearing, by majority vote, issue its award. The award shall include an allocation of fees
and costs pursuant to 1.7.7 herein. The award is to be in accordance with the Contract and the
law of the State of Arizona.
1.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall be
void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys' fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how damages
were calculated.
1.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party's claim, but shall conduct a preliminary hearing into the question
of jurisdiction over the claim as regards its amount upon application of any party at the earliest
convenient time, but not later than the commencement of the arbitration hearing. If the dispute
TERM ENGINEERING SERVICES CONTRACT SERIAL NO. 179004-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

VAN BOERUM
&FRANK ASSOCIATES, k„
cONsuLitNe ENGINEERS

VAN BOERUM
&FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
June 1
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\Oldie V Procurement Officer
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p480.085.3073 Tempe, AZ 1480.889.5076 85281 p 201.330.3148 If 001.530.3150 P 433752.5081 11435.752.0335 p 435.674.270811415.674.4800

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
PRIOR EXPERIENCE
DURANGO CAMPUS OET ZONE 2 ASSESSMENT PROJECT (JAIL / OFFICE)
Maricopa County - Phoenix, Arizona
a) SCOPE:
Size:
17 buildings, approximately 60 rooms.
Schedule:
01/09/2012 - 02106/2012
Budget:
Hourly not to exceed $100,000
Complexity:
The study needed to be completed within approximately 19 days or funding would not be
available until 2014. The study was to survey the spaces, write a report of existing corr .:.
and minimum requirements needed to accommodate new server equipment. Many of the
areas surveyed were secured and reclired a county escort. A sheriff's escort was needed
when accessing inmz -te, whir - ired advanced planning and staying on schedule
to allow for access to the Ljlities, was also important to accommodate county
personnel if they could nc -. meet at the scheduled time due to schedule conflicts.
b) SERVICES PROVIDED:
Mechanical/Electrical
c) OWNER'S STARTING BUDGET ESTIMATE:
Hourly not to exceed $100,000
Final Contract Amount:
$18,481 (Study Only)
Change Orders and Savings Achievements:
Not Applicable
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
No disputes were encountered.
COLLABORATIVE INTERACTIONS/INITIATIVES:
Doe to a tight schedule and the amount of people required to do the survey, it was critical
r, -,eet the schedule since the County would not be able to get funding again until the
fical year. To be proactive the report was updated after each survey c. - 3y and the team
nights and weekends until the report was completed. This appr° , :-. -Ilovved the study
clude a lot of information in a short period of time and meet the tigr:
g) CLIENT REFERENCES:
See Attachment

VAN BOERUM
& FRANK ASSOCIATES, INC.
Coos u. INEERS
PRIOR EXPERIENCE
LBJ CENTRAL PLANT — CHILLED WATER UPGRADES (JAIL / DETENTION)
Maricopa County - Phoenix, Arizona
a) SCOPE:
Size:
Not App cable
Schedule:
08/2014 -
Budget:
$100,000 approximately
Complexity:
Van Bcerum & Frank provided the mechanical and electrical . , ering services associated
with the chilled water upgrades located at the facility's central - . The upgrades included
new tertiary pumps, control upgrades and plant/system piping m ifications,
b) SERVICES PROVIDED:
Mechanical/Electrical Design
OWNER'S STARTING BUDGET ESTIMATE:
Approxirr sly $100,000
Final Contract Amount:
Approxi $100,000
Change Orders and Savings Achievements:
Accelerated Construction Schedule was utilized to minimize the central plant downti
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
No disputes were encountered,
COLLABORATIVE INTERACTIONS/INITIATIVES:
Monthly meetings v ,h the County Project e conducted lient
needs throughout . project.
g) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK ASSOCIATES, INC.
CO'JSULTNG ENGINEERS
F-RIOR EXPERIENCE
SOUTHEAST JUVENILE FACILITY HEATING (JAIL I DETENTION)
Maricopa County - Mesa, Arizona
a) SCOPE:
Size:
141,000 SF
Schedule:
0812013 - 04/2014
Budget:
Approximately $100,000
Complexity:
Van Boerum & Frank provided the engineering design to upgrade two water boilers.
Controls were tied into the existing building management system. Power design was fairly
simple because existing panels had capacity for the new load.
b) SERVICES PROVIDED:
Mechanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
Approximately $180,000
Final Contract Amount:
Approximately $180,000
Change Orders and Savings Achievements:
Not Applicable
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
No disputes were encountered,
COLLABORATIVE INTERACTIONS/INITIATIVES:
Not Applicable
g) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
PRIOR EXPERIENCE
ARIZONA STATE UNIVERSITY E125 LABORATORY (HEALTH / LABORATORY)
Tempe, Arizona
a) SCOPE:
Size:
1,200 SF
Schedule:
04/2016 - 11/2016
Budget:
$1,200,000
Complexity:
The ASU E125 Lab is designed to support the operation of three (3 - Organic Chemical
Vapor Decomposition Units (MOCVD). The lab has been provided a Jedicated air
handler, process fluid cooler, chemical fume hoods, gas safety cabir s, Hydrogen gas
manifold and bottle storage area, and two (2) Co trolled Decomposition Oxidation Units to
scrub the exhaust air from the MOCVD's stai ,e- wt automatic temperature controls
have been provided to maintain the lab spacJ „ ...,...rture and space pressurization. A high
performance fume hood exhaust control system as provided with the lab to maximize the
energy efficiencies associated with the lab. Electrical systems were challenging in the 50 year
old building. New electrical panels were adapted to handle the new load,
b) SERVICES PROVIDED:
Mechanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
$1,000,000 (Original)
Final Contract Amount:
After bidding / scope changes - Appro ir ly $1,200,000
Change Orders and Savings Achievements:
Added scope $5,000
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
No disputes were encountered,
COLLABORATIVE INTERACTIONS/INITIATIVES:
Collabratech itions was very helpful to the client and to VBFA ir endations
for gas piping - aving time and money on the project
g ) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
"x FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
PRIOR EXPERIENCE
ARIZONA STATE UNIVERSITY ENGINEERING BLDG. "B" WING AIR HANDLER
REPLACEMENT(HEALTH / LABORATORY)
Tempe, Arizona
a) SCOPE:
Size:
Not Applicable
Schedule:
05/2017 estimated completion
Budget:
$1,200,000
Complexity:
Van Boerum & Frank provided the mechanical design to replace eight (8) c -iting air handlers
that currently served a portion of the ASU School of Engineering Building "B" Wing. The
project also included the design modifications associated with the chilled and steam
piping systems currently serving the units,
lo) SERVICES PROVIDED:
Mechanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
Approximately $1,178,000
Final Contract Amount:
Approximately $1,201,500
Change Orders and Savings Achievements:
Additional energy saving control options were added to the project.
d) PROJECT SCHEDULE:
Desired project schedule was hieved.
e) DISPUTE RESOLUTIONS:
No disputes were encountered,
COLLABORATIVE INTERACTIONS/INITIATIVES:
Weekly meetings with the ASU Project Manage . 'are conducted to address client needs
throughout the project. Engineer was on-site . ,)le times during construction to provide
construction coordination instructions.
g ) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK ASSOCIATES, INC.
CO ULTINIG ENGINEERS
PRIOR EXPERIENCE
ARIZONA NUTRITIONAL SUPPLEMENTS DEHUMIDIFICATION (LIGHT INDUSTRIAL)
Chandler, Arizona
a) SCOPE:
Size:
3,000 SF
Schedule:
02/2017 - 05/2017 estimated completion
Budget:
$1,000,000
Complexity:
Van Boer= & Frank provided the engineering services to upgrade the existing
d€ humidification systems serving multiple spaces at the manufacturing facility. The new
sy-Aems provided the dehumidification process for the spaces to have an operating
,:-;:ioning of 70'F and 25% Relative Humidity. The power system was heavily loaded and
sci es had to be sought from multiple panels
b) SERVICES PROVIDED:
Mechanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
Approximately $750,000
Final Contract Amount:
Approximately $1,000,000
Change Orders and Savings Achievements:
Added scope from ANS raised the contract $250,000
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
A few clarifications were needed during construction. There were no disputes,
COLLABORATIVE INTERACTIONS/INITIATIVES:
Because the power system was so heavily loaded, it took a collaborative effort between the
client and the contractor to define sources of electrical power.
g) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
PRIOR EXPERIENCE
HISTORIC MESA LDS TEMPLE HVAC UPGRADES (HISTORIC)
Mesa, Arizona
Size:
$113,916 SF
Schedule:
10/2013 - 04/2017
Budget:
$2,500,000
Complexity:
Van Boerum & Frank provided the mechanical and electrical engineering services associated
with the up .i,:ade ,ilnd replacement of this 1921 circa facility's (5) existing air handlers. The
project a.so 1, ---!uded the replacement of the existing central plant motor control center. This
has been done in four (4) phases in order to keep each air handler replacement to a four (4)
week shutdown, or less ; each six months.
b) SERVICES PROVIDED:
Mechanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
$2,500,000
Final Contract Amount:
$2500,000
Change Orders and Savings Achievements:
Not Applicable
d) PROJECT SCHEDULE:
Desired project schedule was achieved.
e) DISPUTE RESOLUTIONS:
Difficulty with air handler controls that were supplied by another firm. VBFA worked with the
client and the controls firm to get the controls working correctly and to the client's satisfaction.
COLLABORATIVE INTERACTIONS/INITIATIVES:
VBFA '...rol.bleshoot controls issues. The firm's Project Managers were on-site almost
every morning during the construction periods to answer coordination questions.
9 ) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK AssociATEs, tNC.
CONSULTNG ENGINEERS
PRIOR EXPERIENCE
THE HUB - CLAMS PARTNERS (INDUSTRIAL)
Tempe, Arizona
a) SCOPE:
Size:
285,096 SF
Schedule:
06/2016 - 02/2017 Design; 11/2016- 11/2017
Budget:
$35,000 ;000
Complexity:
Van Boerum & Frank provided the mechanical and e Ilengineering sociated
with re-purposing an animal science testing laboratory to a shell office buildip„ Ne rooftop
air handlers (8 units) were provided to serve the renovated building,
b) SERVICES PROVIDED:
M ;hanical/Electrical Design
c) OWNER'S STARTING BUDGET ESTIMATE:
$35,000,000
Final Contract Amount:
$35,000 ; 000
Change Orders and Savings Achievements:
Saved panels and transformers from demo and reinstalled them for use in the shell
buildi g.
d) PROJECT SCHEDULE:
Desired project schedule was achieved for deT' tion is ongoing.
e) DISPUTE RESOLUTIONS:
No disputes, but due to the size of the project, the team worked closely with the contractors to
resolve field questions in an efficient and timely manner.
COLLABORATIVE INTERACTIONS/INITIATIVES:
The c.or.!T . ade some cost/time saving suggestions which were evaluated and
incorporate_f where possible,
g) CLIENT REFERENCES:
See Attachment 1

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTiNG ENGINEERS
:IEY TEAM MEMBERS
EF
Princip - Arizona Director of Operations
Byron brings more than 29 years of engineering experience to Maricopa
County projects, As Director of VBFA's Arizona branch office, he has
designed systems for municipal, governmental, commercial, data,
educational, healthcare, and laboratories facilities throughout Arizona
and the western United States. Byron has successfully designed projects
under $10K as well as $50+ million. He is experienced in designs which
require extensive research and investigation and he has been effective in
his approach to analyzing problems with mechanical systems, gas, utility,
steam, fire protection and distribution systems,
RELEVANT PROJECT EXPERIENCE (partial list)
Project: Lai Central Plant Chilled Water Upgrades EDUCATION
Phoenix, Arizona B.S., Mechanical Engineering,
University of Utah, 1988
Role: Principal-in-Charge
Size: Not Applicable PROFESSIONAL
Schedule: 08/2014 - 09/2016 REGISTRATIONS
Complexity: VBFA provided the mechanicE electrical engineering Licensed Professional
services associated with the ,.ater upgrades Engineer
located at the facility's central r',Int. The upgrades Arizona License #42112
included new tertiary pumps, control upgrades and plant/
system piping modifications, PROFESSIONAL
ORGANIZATIONS
Project: The Hub Ti Clarius Partners MEMBER, American Society
of Heating, Refrigeration and
Tempe, Arizona Air-Conditioning Engineers
Role: Principal-in-Charge (ASH RAE)
Size: 285,096 SF
Schedule: 06/2016 - 02/2017 MEMBER, American Council
of Engineering Companies
Complexity: VBFA provided the mechanical and electrical engineering (ACEC)
services associated with re-purposing an animal science
testing laboratory to a shell office building, FIRM MEMBER, US Green
Building Council (USGBC)
Project: Arizona State University BOB Air Handler Replacement
Tempe, Arizona
Role: Principal-in-Charge
Size: Eight Rooftop Units
Schedule: May, 2017
Complexity: VBFA provided the mechanical dejcin to replace eight
(8) existing air handlers ''hat served a portion of
the ASU School of EngineE-in: BLI ng. The project also
included the design sociated with the
chilled water and steam 3ing systems currently serving
the units,

VAN BOERUNA
&FRANK ASSOCIATES, INC,
CONSULTfNG ENGINEERS
KEY TEAM MEMBERS
E - 3RGE
RELEVANT PROJECT EXPERIENCE - continued Char:ller Regional Medical Center Tower D
Courts/Govemmenti, ti rn La Plan, AZ
iViaricopa County LBJ Central Plant Chilled Chandler Regional Medical Center Patient
Water I Controls Asse_sment, AZ Tower C, AZ
Maricopa County Chilled Water Control Chandler Regional Medical Center Cooling
Upgrades Phase II, AZ Tower Replacement, AZ
Maricopa County Durango Jail Kitchen Chandler Regional Medical Center Level 1 ED
Ventilation Upgrades, AZ Observation Buildout, AZ
Maricopa County Durango Jail / Inmate Cell Air Chandler Regional Medical Center Chilled
Flow Analysis, AZ Water As Built Riser, AZ
Maricopa County North Courts Facility Chiller 84 Chandler Regional Medical Center IR-RF Labs,
Chilled Water Building Assessment, AZ AZ
Maricopa County Downtown Campus GET Chandler Regional Medical Center Tower C-IR
Assessments, AZ Labs, AZ
Maricopa County Southeast Juvenile Building Chandler Regional Medical Center Pharmacy
Mechanical Assessment, AZ Upgrade, AZ
Maricopa County Security Building Boiler Chandler Regional Medical Center OR #7
Replacement, AZ Boom, AZ
Maricopa County Durango Jail Domestic Hot Mercy Gilbert Medical Center Master Plan, AZ
Water Heater Replacement, AZ Mercy Gilbert Medical Center Dialysis Center,
AZ
Office Buildings/Administration Mercy Gilbert OBS Triage, AZ
The HUB at Chandler Office Space Core & Barrow Neurological Associates - Neurospine /
Shell Buildout, AZ Rehab Center, AZ
Mesa LDS Welfare Center Freezer Veteran's Administration Inpatient Mental
Replacement, AZ Health Facility Upgrade, Tucson, AZ
Mesa LDS Temple Visitor Center, HVAC Arizona Regional Medical Center, Apache
Upgrade, AZ Junction, AZ
Mesa LDS Temple HVAC Upgrade, AZ
Mesa Community College GC-200 Building
Renovation, AZ
Mesa Community College AD Building PROJECTS COMPLETED
Renovation / HVAC U de, Mesa, AZ WITH KEY TEAM MEMBERS:
Glendale Community Celage Chemistry LBJ Central Plant - Chilled Water
Building Exhaust Systeal, Glendale, AZ Upgrades
Arizona Nutritional S - , 1-rlents Bulk Facility SE Juvenile Facility Heating
Upgrades, AZ Arizona Nutritional Supplements
Arizona State University Student Health Dehumidification ASU - ECB Air Handler Replaceme
Services Expansion / Remodel, AZ Historic Mesa LDS Temple HVAC
Healthways Office Building Tenant Upgrades
Improvement, Chandler, AZ ASU - E125 Lab
Arizona State University Bldg. 1100 Test Center Clarius Partners -The Hub
Office Renovations, AZ
Target Financial Building (multiple upgrades),
AZ
- Banner Health ironwood Medical Office
Building, AZ

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGftEERS
KEY TEAM MEMBERS
iE OLSON, CPD
Project Manager / Senior Designer
Mike has more than 20 years engineering design experience and is an
expert in the design of heating, ventilation, air conditioning (HVAC) and
plumbing system design. He has been involved in a variety of project
types includinc: gr. :.imental, civic, commercial, industrial, healthcare,
laboratory, and nable design projects. His knowledge in the area
of LEED guidelin( e and documentation compliance has helped several
institutions achieve LEED Platinum ratings.
RELEVANT PROJECT EXPERIENCE:
Project: LBJ Central Plant — Chilled Water Upgrades
Phoenix, Arizona
Role: Project Manager EDUCATION
Size: Not Applicable MBA, Trident University
Schedule: 08/2014 - 09/2016 International
Complexity: VBFA provided the mechanical and electrical B,S., Aeronautical Science,
engineering seevic.ee 'ated with the chilled water Embry-Riddle Aeronautical
upgreees located the fecility's central plant. The University
upge: -iclude;(-.1ricev ieeary pumps, control upgrades A.S. Aviation Business
and j-- ':e1t/system piping eiodifications. Administration, Embry-Riddle
Aeronautical University
Project: Arizona State University King Lab A.S. Aircraft Maintenance,
Tempe, Arizona Community College of the
United States Air Force
Role: Project Manager
Size: 1200 , SF PROFESSIONAL
REGISTRATIONS
Schedule: 2016-2016
Complexity: VBFA provided t :e mechanical engineering for this Certified in Plumbing Design
new research • •. oratory located in the Engineering (CPD) May 2010-Present
Research Center Building. The lab equipment consists PROFESSIONAL
of gowning area Material Synthesis lab and the space EXPERIENCE
will be designed to meet Class 10,000-Cleanroom Van Boerum & Frank
standards, Associates, Oct.
2006-Present
Project: The Hub T1- Clarius Partners Other Engineering Firms: 12
Tempe, Arizona years
Role: Project Manager
Size: 285,096 SF
Schedule: 06/2016 - 02/2017
Complexity: VBFA pDvided the ir 7thanical and electrical
engineer services ascociated with re-purposing
an a sci:mce . g laboratory to a shell office
building.

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
KEY TEAM MEMBERS
1LSON, C_ Chandler Regional Medical Center Building
RELEVANT PROCT • :PERIENCE - continued Boiler Replacement, AZ
... on Dignity Health Mercy Gilbert Medical Center
ricopa SoL.heast Juvenile Building Master Planning, AZ
Mechanical A;Teessment, AZ Dignity Health Mercy Gilbert Medical Center
Maricopa County LE3J Chilled Water Control Discharge Unit, AZ
Upgrades, AZ Huntsman Cancer Hospital Remodels, UT
Maricopa County Durango Jail Kitchen Lifepoint Havasu Regional Hospital 3rd Floor
Ventilation Upgrades; AZ Patient Build-out / Oath Lab, AZ
Maricopa County Durango Jail Domestic Hot Lifepoint Havasu Regional Hospital Pediatric
VVater Heater Replacement, AZ Department, AZ
Utah County Jail Expansion, UT Lifepoint Havasu Regional Hospital Cardiac
Care, AZ
Office Buildir - '-istration Southern Hills Hospital and Medical Center
21st Cent--y HeCare, 525 Alameda Med/Surg Buildout, Las Vegas, NV
Building, AZ VA Medical Center Inpatient Mental Health
21st Century HealthCare Suite 101-102 Bldg, Facility, AZ
HVAC Upgrade, AZ VA Medical Center Building #2 Research Labs
Arizona Nutritional Supplements Morelos Final Renovation, UT
Buildout, AZ
Arizona Nutritional Supplements Morelos
Production Room Expansion, AZ
Irgen Office Building Demolition Level 1, AZ
lraen Office Building Demolition Level 2, AZ
Mesa Community College AD Building, AZ
Mohawk Lane Office T.1,, AZ
Norris Air Office and Warehouse, AZ
Praxis Warehouse AC, AZ
Target Financial Building (multiple upgrades),
AZ
PROJECTS COMPLETED
Vizona State University ERC King Lab, AZ WITH KEY TEAM MEMBERS:
Arizona State University Student Health LBJ Central Plant Chilled Water
Services Building New Wing/2-story Remodel, Upgrades
AZ ASU - King Lab
• Banner Health Boswell Radiotherapy Facility, ASU - E125 Lab
Clark's Partners -The Hu
AZ Arizona Nutritional Supplements
Chandler Regional Medical Center Tower D Dehurnicrfication
Master Plan, AZ Historic Mesa LDS Temple FIVAC
Chandler Regional Medical Center Patient
Tower C, AZ
Chandler Regional Medical Center Pharmacy
Upgrade, AZ
Chandler Regional Medical Center Cardio-
Diagnostic Remodel, AZ

VAN BOERUM
& FRANK ASSOCIATES, INC.
CON RU N INE ERS
KEY TEAM MEMBERS
RE, LEE:
Project Engineer
A licensed professional engineer, Jim Nightingale has 23 years of
experience in mechanical engineering and design. Jim is a dedicated
and responsive engineer. Energy conservation has always been and
continues to be a high priority for Jim. He is a LEEDO Accredited
Professional and has been involved in t, design of high-performance,
sustainable buildings. Jim has been re , onsible for state-of-the-art and
energy efficient designs for hospite„a -, id other medical buildings along
with laboratory facilities.
RELEVANT PROJECT EXPERIENCE (partial list)
.Project; Southeast Juvenile Facility Heating
Mesa Arizona EDUCATION
Role: Project Engineer B.S., Mechanical Engineering,
Size: 141,000 SF Utah State University, 1998
Schedule: 08/2013 - 04/2014 Associates Degree, Computer
Aided Drafting Technology,
Complexity: VBFA provided the engineering design to upgrade two 1988
(2) hot water boilers. Controls were tied into the existing
building management system. Power design was fairly PROFESSIONAL
simple because existing panels had capacity for the REGISTRATIONS
new load. Licensed Professional
Engineer:
Project: Durango Campus OET Zone 2 Assessment Project Arizona License #45063
Phoenix, Arizona PROFESSIONAL
Role: Project Engineer ACCREDITATIONS
Size: 17 buildings, approximately 60 rooms. LEED AP, July 29, 2008;
Schedu 01/09/2012 - 02/06/2012 LEED AP BD±C June 10,
Comple VBFA provided the study which was to survey the 2010
spaces, write a report of existing conditions and PROFESSIONAL
minimum requirements needed to accommodate ORGANIZATIONS
new server equipment. Flexibility was important to MEMBER, American Council
accommodate county personnel if e ey could not meet of Engineering Companies
at the scheduled time due to scheC , conflicts, (ACEC)
Project; STAR Call Center HVAC Upgrades FIRM MEMBER, US Green
Phoenix; Arizona Building Council (USGBC)
Role: Project Engineer
Size: 16,000 SF
Schedule: 07/2012- 10/2012
Complex VBFA provided the engineering design to replace
the existing heat pumps with new chiller and chilled
water blower coil air handlers; new in-line exhaust
fans, and relocate fresh air intake to avoid automobile
ex' lust fumes in the space; new control system
mmodate new / upgraded HVAC system;
_m:ne electrical load of existing / new space to
ver y existing electrical service could handle new
system requirements.

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
KEY TEAM MEMBERS
, RE., LEED AP Arizona State University Materials Testing, Gait
RELEV!'j.iT PRO,ZCT EXPERIENCE - continued Lab, AZ
Cot. : vE rnment/DetE Mercy Gilbert Medical Center, Chapter 797
Mai pa County Durang„ Cumpus OET Zone Compounding Pharmacy, AZ
2 Ascassment, Phoenix, AZ Lake Havasu Regional Medical Center, Wound
• Maricopa County Downtown Campus OET Care Facility, AZ
Assessment, Phoenix, AZ Lake Havasu Regional Medical Center,
Maricopa County Southeast Regional Public Physical Therapy Renovation, AZ
Services Facility, Mesa AZ Chandler Regional Medical Center Patient
• Maricopa County Southeast Juvenile Facility Tower C Addition, Chandler, AZ
Heating Water Mesa, AZ Chandler Regional Medical Center Hot Water
• Maricopa County STAR Call Center HVAC Re-Circulation, Chandler, AZ
Upgrades, Phoenix, AZ Chandler Regional Medical Center Lab Build-
• Maricopa County Board of Supervisors A/C Out, Chandler, AZ
Upgrade, Phoenix, AZ Chandler Regional Medical Center Level 2
• Maricopa County Recorders Vault, Lower Level Nursery, Chandler, AZ
Courts Complex, Phoenix, AZ Mercy Gilbert Medical Center Pharmacy, AZ
• Clerk of the Courts Server Room, Lower Level Mercy Gilbert Medical Center Physical Therapy
Jackson Garage, Phoenix, AZ Suite, Phoenix, AZ
• West Courts Building AHU #2 Upgrade, Lifepoint Havasu Regional Medical Center MRI
Phoenix, AZ Upgrade, Lake Havasu City, AZ
Intermountain American Fork Hospital Nursing
Office Building! --- 3tration Tower AH Replacement, American Fork, UT
S,A,I, Technologies, AZ Intermountain Bountiful Clinic Expansion,
• Red Mountain Seminary, AZ Bountiful, UT
Mountain View Seminary, AZ Intermountain Original Dixie Regional Medical
• Target Financial, Cooling Tower Replacement Center, St. George, UT
Building A, Tempe AZ
Healthcare/Laboratory
- Bingham Memorial Hospital Medical Office
Building, ID PROJECTS COMPLETED
• La Paz Hospital Surgical Suite Addition, AZ WITH KEY TEAM MEMBERS-
• La Paz Hospital Emergency Department Durango Campus OET Zone 2
Addition, AZ Assessment
• Lake Havasu Regional Hospital, Various SE Juvenile Facility Heating
Projects including MOB, Diagnostic and Patient Downtown Campus OET
Care, AZ Chandler Regional Medical Cente
Patient Tower C Addition
• St. Luke's Hospital, 8th Floor Patient Care Tar et Financial Building Cooling
Remodel & 2nd floor Burn Unit, AZ
• Mercy Gilbert Medical Center, Physical Therapy
& Pharmacy Remodel, AZ
• Arizona State University ERC Cleanroom, AZ
• Arizona State University Whitaker Design
Studio, AZ

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
KEY TEAM MEMBERS
Senior Project Engineer
A professional engineer with twenty years of related experience, Sarah
is a valued member of VBFA's professional team of engineers. She
excels in facilitating co unication between the client and the project
team resulting in succesr. 'Ay achieving project goals and meeting the
project budget and schedule. Sarah has researched and designed
systems for new and existing buildings including correctional/municipal,
administrative, industrial, laboratory and healthcare facilities.
RELEVANT PROJECT EXPERIENCE:
Project: Arizona State University ECB Air Handler Replacement EDUCATION
Tempe, Arizona
Role: Project Engineer B.S., Mechanical Engineering,
Boston University, 2000
Size: Eight Rooftop Units
PROFESSIONAL
Schedule: May, 2017 REGISTRATIONS
Complexity: VBFA provided the mechanical design to replace eight Licensed Professional
(8) existing air handlers that curnitly rrved a portion of Engineer:
the ASU School of Engineering Be: . The project also
eluded the design modifications ociated with the California License #34273
chilled water and steam piping systems currently serving Arizona License In Progress
the units, PROFESSIONAL
ORGANIZATIONS
Project: ANS Production Area D humiclifi atior, MEMBER, American Society
Chandler, Arizona of Heating, Refrigerating and
Role: Project Engineer Air Conditioning Engineers
Size: 3,000 SF (ASHRAE)
Schedule: 2016-2017 MEMBER, American Society
of Healthcare Engineers
Con'. xity: VBFA provided the mechanical engineering for the (ASHE)
dehumidificen: )n systems serving multiple spaces at the
manufacturing freility. The required operating conditions BOARD MEMBER,
were 70°F " 21::% Relative Humidity International Institute of
Sustainable Laboratories
(12SL)
Project: The Hub T1 - Clari s Partners
Tempe, Arizona
Role: Project Engineer
Size: 285,096 SF
Schedule: 06/2016 - 02/2017
Complexity: VA provided the mechanical and electrical engineering
oes associated with re-purposing an animal science
- o laboratory to a shell office building.

VAN BOERUM
&FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
KEY TEAM MEMBERS
_ HD LE. Phoenix Formulations Facility Expansion,
RELEVANT PRC — EXPERIENCE - continued Phoenix, AZ
Courts/Go M . 'ken University of Arizona, Bioscience Research
• Maricopa C )un'Ly Court Tower, Phoeni AZ* Laboratory, Tempe, AZ*
• Arizona Department of Administration
Upgrades (pre-construction services for 'Indicates pro] pleted prior to VBFA employment
multiple buildings), Phoenix, AZ*
Office Buildings/Adm nistration
• Clarius Partners Hub Ti, AZ
• Mesa Community College AD Building
Upgrades, Mesa, AZ
The HUB at Chandler Office Space Core &
Shell Buildout, Chandler, AZ
Buckeye High School District Energy Program,
Buckeye, AZ*
T-Mobile at Western Kierland Resort and Spa,
Scottsdale, AZ
M - sa LDS Temple Phase IV CA, AZ
21st Century Suite 101-102 HVAC Upgrade,
Tempe, AZ
21st Century Suite 101-10: F. ion Areas,
Tempe, AZ
Arizona Nutritional Supplements Morelos
Dehumidification, Chandler, AZ
Arizona Nutritional Supplements Morelos Final
Buildout, Chandler, AZ
Arizona Nutritional Supplements Morelos
Production Room Expansion, Chandler, AZ
Arizona State University Poly UTO Lab 1407, PROJECTS COMPLETED
AZ WITH KEY TEAM MEMBERS:
Arizona State University ERC King Lab, AZ
Arizona State University King Project ASU ECB Air Handler Replacemen
Relocation. AZ Clarius Partners The Hub
Arizona Nutritional Supplements
Chandler Regional Medical Center Patient
Tower C (pre-construction services), Chandler,
AZ*
Destiny Springs Behavioral Health Facility,
Surprise, AZ (in progress)
Havasu Regional Medical Center Emergency
Department Expansion, Lake Havasu, AZ (in
progress)
Hill Air Force Base Cleanroorn, UT

VAN BOERUM
& FRANK ASSOCIATES,
CONSULTING ENGINEERS
KEY TEAM MEMBERS
Senior Projel t Design
Fernando has more than 25 years of mechanical engineering
experience. His area of expertise is working on complex mechanical
and plumbing systems. Fernando has the capability of taking any
project from programming through closeout. Many of the projects he
has managed have required special delivery methods including a
phased approach so that the facility could remain operational throughout
construction,
RELEVANT PROJECT EXPERIENCE:
Project: Arizona state University King Lab EDUCATION
Tempe, Arizona Arizona State University, B.S.
Role: Mechani Designer E.T. Mechanical Engineering
Size: 1200 , SF Technology, 1981
Schedule: 2016-2016 PROFESSIONAL
Complexity: VBFA provided the mechanical engineering for this new ORGANIZATIONS
research laboratory located in the Engineering Research The Business of Construction
Center Building, The lab equipment consists of gowning Course, Phoenix, Arizona
area Material Synthesis lab and the space will be
designed to meet Class 10,000-Cleanroom standards, MEMBER American Society
of Heating, Refrigeration and
Project: The Hub TI - Clarius Partners Air Conditioning Engineers
(ASHRAE)
Tempe, Arizona
Role: Mechanical Designer MEMBER Arizona Society
of Professional Engineers
Size: 285,096 SF (ASPE)
Schedule: 06/2016 02/2017 PROFESSIONAL
Complexity: WE . Jed the mechanical and electrical engineering EXPERIENCE
associated with re-purposing an animal science
testiug laboratory to a shell office building, Van Boerum & Frank
Associates, Inc, 2015
-Present (Senior Mechanical
Project: Arizona State University ECB Air Handler Replacement Designer)
Tempe, Arizona ASEI Engineering, Inc, 2010-
Role: Mechanical Designer 2015 (Senior Mechanical
Size: Eight Rooftop Units Designer)
Schedule: May, 2017 FOG Mechanical, inc. 2000-
Complexity: VBFA provided the mechanical design to replace eight 2009 (Operation Manager)
(8) existing air handlers that currently served a portion of Energy Systems Design,
the ASU School of Engineering Building, The project also Inc., 1994-1999 (Senior
included the design modifications associated with the Mechanical Designer)
chilled water and steam piping systems currently serving McNulty and Associates,
the units, Inc., 1990-1993 (Mechanical
Designer)

VAN BOERUM
F RANK ASSOCIATES, ENC.
CONSULTING ENGINEERS
KEY TEAM MEMBERS
Great Basin Surgery Center Facility Upgrade,
REL ANT PROJECT EXPERIENCE - continued Elko, NV
7 wernmen- Havasu Regional Medical Center Emergency
• icopa County Lai Ce trai Plant - Chilled Department Facility Assessment, AZ
Water Control UpgrE.!e._ 'base II, AZ Havasu Regional Medical Center Emergency
- Hill Air Force Base Cleanroom, UT Department Expansion, Lake Havasu, AZ (in
progress)
Office Buildings °ion Havasu Regional Medical Center Cancer
• Clarius Partners HUB TI, AZ Center, AZ
• Daikin International farehouse & Havasu Regional Medical Center Midwest
Manufacturing Center Expansion, Phoenix, AZ Clinic MRI, AZ
- Chandler Regional Medical Center A-Building Mercy Gilbert Medical Center Discharge Unit,
• Mesa LDS Temple, HVAC Upgrades, Mesa, AZ AZ
• Burger King, Surprise, Arizona Southern Hills Medical Center 5th Floor Build-
- Enterprise Car Rental McDowell, Phoenix, AZ out, Las Vegas, NV
• Enterprise Care Rental, Goodyear, AZ Valley View Medical Center CT Replacement,
• The HUB at Chandler Office Space Core & AZ
Shell Build-out, AZ Destiny Springs Behavioral Health, AZ
• Sandia Peak Restaurant Remodel/Upgrade,
luqueroue, NM
,a.Jre Equipment Shop and Office, AZ
• TTR Industrial Buildings A & C, AZ
• T-Mobile at Western Kierland Resort and Spa,
Scottsdale, AZ
t Century Suite 101-102 HVAC Upgrade,
Tempe, AZ
• 21st Century Suite 101-102 Production Areas,
Tempe, AZ
• 21st Century Suite 525 Alameda Building, AZ
• Arizona State University ERC Return Intake PROJECTS COMPLETED
Exhaust Replacement, Tempe, AZ WITH KEYTEAM MEMBERS:
• Arizona State University E125 Lab, Tempe, AZ
• Arizona State University ECD Roof LBJ Central Plant- Chilled Water
Controls Upgrade Phase II
Replacement, Tempe, AZ ASU ECB Air Handler Replaceme
• Arizona State University Cadaver Lab Exhaust, ASU - King Lab
Tempe, AZ ASU E125 Lab
• Arizona State University King Lab Remodel, Clarius Historic Partners Mesa LDS -The Temp Hub e HVAC
Tempe, AZ Upgrades
- Arizona State University ECD Air Handler 21st Century Healthcare 525 Ala
Replacement, Tempe, AZ B *in.
• Arizona State University ECB Air Handler
Replacement, AZ

VAN BOERUM
&FRANK ASSOCIATES, INC.
CONSUL-MNG ENGINEEF,S
:EY TEAM MEMBERS - ORGANIZATION CHART
BYRON TORGERSEN, P.
Principal-in-Charge
Years of Experience: 29 years
SARAH DUNLOP, RE.
MIKE OLSON, CPD
Senior Project Engineer
Project Manager / Senior Designer
Years of Experience 20 years
Years of Experience 20 years
JIM NIGHTINGALE RE.
ERNANDO OCHOA
enior Project Designer LEED AP BD+C
Years of Experience 25 Years Project Engineer
Years of Experience 23 Years
STEVEN SHEPHERD P.E., Cx MIKE CHRISTENSEN, RE., FP
Commissioning Agent Fire Protection Engineer
Years of Experience: 24 Years Years of Experience: 7 Years

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
ARIZONA LICENSE AND OFFICE CAPABILITIES
VF FA HOLDS THE APPROPRIATE LICENSE TO CONDUCT BUSINESS IN ARIZONA.
License Number (Board of Technical Registration): #13059 -1, Expires September 7, 2017
ARIZONA OFFICE STAFF AND CORPORATE SUPPORT STAFF
Tempe Office Location: Corporate Office Location:
1602 S Priest Drive, Suite 103 330 S 300 E
Tempe, AZ 85281 Salt Lake City, UT 84111
Mechanical Staff Mechanical Staff 97
Electrical Staff Electrical Staff 7
AVERAGE PROJECTS PER YEAR
VBFA Tempe average projects per year 137
VBFA Corporate average projects per year 505
EXPERIENCED AS A PRIME CONSULTANT AND ON TERM CONTRACTS
VBFA's engineers are experienced at providing services as the Prime Consultant for many projects that
have fees ranging from under $10,000 up to and over $1,000,000 -- being responsible for all design and
construction administration services. The following is a list of term / on-call contracts currently held with
other agencies:
Maricopa County MPE 5 Year "direct select" ($100,000 remaining for 2017)
Arizona Department of Administration MPE Annual Contract - Expires 1/31/2018
Arizona State University MPE Annual Renewal - Expires 1/31/2018
University of Arizona MPE Annual Contract with Renewal - Expires 3/31/2018
Target Financial Services MPE Engineer of Record
EXPERIENCED WORKING FOR MARICOPA COUNTY
Our assigned engineers knowledge and experienct:ring for the County as part of a Term Contract
provides insight that will help our team meet your r i ients for cost and time schedules. We are
knowledgeable of the County's standards and procedures and have developed relationships with your
personnel 311. We will work closely with your staff to provide system designs that fit your needs,
provide e-- ttnal maintenance requirements, with energy conservation and budget as a priority in
our desig otiving is a partial list of successful projects completed for Maricopa County:
Maricopa County BOS Auditorium Audio Visual Upgrade, AZ
Maricopa County Clerk Server Room Upgrade, AZ
Maricopa County LBJ Central Plant Chilled Water Upgrades, AZ
Maricopa County Durango Kitchen Remodel, AZ
Maricopa County Sheriff's IT Room Upgrade, AZ
:.4aricopa County Tower Jail Air Analysis, AZ
- ricopa County West Court Building Upgrade, AZ
:icopa County East Courts (Various Projects). AZ
ericopa County Central Courts (Various Projects), AZ
Iviaricopa County STAR Call Center, Phoenix, AZ
Maricopa County Jail Hot Water System Upgrade, AZ
Maricopa County Durango Kitchen, Phoenix, AZ
IVIaricopa County Security Building Boiler Replacement, AZ
Maricopa County North Courts Chiller Study, AZ

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS,
PROJECT TIME COST AND TIME SAVINGS
Thughout our 45 year history, our engineers have gained tremendous insight as to what is required to
aeccen7.2edate the needs and requirements of our clients on their specific project. We take pride in hiring
an euc staff, promotes continuing education, and implements programs that encourage 'outside
the boy" thinking, which has resulted in a number of unique design solutions and in-house design tools
HVAC Solution® and designing the first LEED Platinum/Net Zero Energy K-12 school in Utah. This
continuous focus on excellence contributes to the effectivPr ess, efficiency and success of our engineers
which in turn contributes to the success of our clients. Tee fc,-,:•,,ming items provide an overview of our
resources, procedures and practices to save time and minimize costs for County projects:
FIRM CAPACITY PROVIDES ADDITIONAL RESOURCES TO BENEFIT COUNTY PROJECTS
VBFA has120+ employees spread between four (4) office locations – three located in Utah (Salt Lake
City, Logan, St. George), and one office located in Tempe, Arizona, Our Tempe, Arizona office will lead
and involved with all County proje:i;ts. However, we. , will utilize iccnaI team members from our Utah
offic,E•7 for projects where their spechexpertise will be of value or maintain p ewnt schedules.
Arizona -State University School of Engineering Air- Handler Replacement . Ourengineei -s worked closely
with the ASO project manager and the-assigned JOG contractor to replace existing, outd:::-: .iecl rooftop air
handlers. The project required close coordination efforts for system shutdowns which affc,.a.d -occupied
spaces. VBFA team included Byron Torgersen, Sarah Dunlop and Fernando_Ochoa.
UTILIZLNG THE MOT ADVANCED TECHNOLOGIES INCREASES FIRM EFFICIENCY
Advanced iechnc.)1oN and a con-ii-hit .n -ient to teamwork alluwei. our engineers, in t,„i locetuns, to colle'
orate, transfer data and work together as if in one location. This four (4) office collaborative approach
saves The and money for our clieLs. Er moles of our technologies include:
rm— our enHnper are project files in one central workspace, lt keeps
eui Djec [: are in the same office, or not, or in the field.
assigned team s engineers who successful: collaborated on the HVAC renovations for the
oa LDS Mesa le located in Mesa, Arizona.
Revit SoftwE,
We have th model ductwork, piping ; al...1 imbing _ st es using Revit 2017 and
AutoCAD r Niodeling services can e extended fully or partially to fit the particular project
and bucla, eirfments, This will save the County time and money by solving problems early in the
desien esulting in a substantial decre..-,ge in RFIs and Change Orders,
Dignity Health Chandler Regional Medical Cen.e -'atient_Tower C AOFFkn evit helped the tearii
Hash deteci.ion" so we could make routing on'paper bef ccc expense of field work. -
c,gy
Our 'lave developed experts ,. . invested ,n LIDAR technology, This technology
utilizes scanners for Electrical, M ,-...-Cianical/Plumbing and Structural Systems to detect any
interferen from existing systems so e je-gs can be corrected prior to construction. This saves
time and money for designers, contrae and owners.
FULL 1N-HOUSE ENC:NIEEREG CAPABILITIES -
Electrical /Fire Pr :e 7' -7 7:-. E: cc
Our engineering expertise inf.' 75 electric , ilerefin earing. Our elc - Ifical team specializes in the design
of an array of electrical sys:e . i ineluding ekcc oh power systems, emergency power, lighting, security /
fire alarm systems and e energy projects (photovoltaic and wind).

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
PROJECT TIME COST AND TIME SAVINGS
VE3FCx consists of professional engineers with a sound understanding of engineering principles and 40+
years of building design experience. We believe the commissioning process should start with the project
design to benefit the outcome of a project,
STATE, FEDERAL AND UTILITY REBATES / INCENTIVES & COORLINATION
Our engineers are ei-77 - -°.-.,, riced in working with the owner to review the c benefits of various systems
solutions along federal,state and utility incentives and coordii -reT H. This way, an educated
decision can be made as to what design choice(s) will be the most cost eS-ective prior to design,
COMMUNICATION IS CRITICAL TO THE SUCCESS OF ANY PROJECT
Client satisfaction is our highest priority. Our assigned engineers are experienced at interfacing with the
Owner, User, Project Managers and other stakeholders. We promote communication by encouraging
kick-off meetings, weekly tear U rac -ve meetings, preliminary brain storming sessions, feasibility
study meetings, monthly client r ngs, on-site strategy sessions : value engineering sessions, and
cost control sessions„All of thes Igements have shown us the value of continuous and open
communication toward the ultimate goal - a successful project.
Durango Campus OET Zone 2 Ac.:ccrrient-:This - study needc'c e be completed within 19:days in order
to maintain funding. Meetings Ind communication was continuouE, orderto Meet the needs of the
County and complete the project within the tight schedule..
EXPERIENCE PROVIDES INSIGHT AS TO WHAT SYSTEMS WILL MEET PROJECT GOALS
One of our strongest assets is our experience working with owners and other design team members in
the design of facilities with unique require:melts. Over the past 45 years, our engineers have developed
the insight as to which mechanical/electrical . i::13 have the best performance, are the most energy
efficient, and what initial investment will provi he most economical approach - now and for the future,
ENERGY MODELING! STUDIES PROVIDE II I IGHT TO ACHIEVE THE BUDGET & GOALS
Our team's energy modeling expertise includes E y Code Compliance, LEED Certification, Utility
Incentives and Building Enemy Audits to &tee ie best approach for upgrades to existing building
A preliminary model is prepared during the ce tuaL phase, Other available expertise includes Arc
Flash studies, and calculations for voltage drc short circuits,
EXPERIENCED USING A VARIETY OF INNOVATIVE DELIVERY METHODS
We understand each project is unique and may require a specific delivery method to achieve project
goals. Whether the goal is to achieve a strict budget, shorten the construction period, ensure continuous
operational during construction — we have experienced it all, Experience inS•les Design / Build, Lei.ign
Assist, Multiple Phased Construction.
On Tee Wricepa County STAR Call Cetr our engineers were on-site almost daily ti: cc cbtthe
contracter, and to make sure the factbc remained operational throughout the- sionstructien
CONSTRUCTION PHASE SERVICES
Our team is experienced and prepared to provide any/or all construction administration services as
requested by the County. C,irt icU services range from bid walks with prospective contractors, review
of bids to assure confori— • " hil documents, review of su.brisittals, esiswering RFIs, preparation of
sketches to meet specific „ • idance at construction meetins, jc observations to ensure that all
bid document requirerneni; e r and a final punch list to Ng' -ion-conformance,

VAN BOERUM
&FRANK ASSOCIATES, INC.
CONSU,g 1NE ERS
ATTACHMENT I - REFERENCES
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
Address: 401 W Jefferson, Phoenix, AZ
Phone Number: 602-372-4495
Facsimile Number:
Person to Contact: Leah Hanwell
(Email Address): leah.hanwell@fm.maricopa.gov
Owner's Bid # or Project #: LBJ Central Plant - Chilled Water Upgrades
Date of Completion: 2016
Brief Project Description (Including Partnering Team and Owner's project name):
Chilled water upgrades located at the facility's central plant, including new pumps, control upgrades and plant/system piping modifications.
2. Company Name: LDS Church
Address: 101 S Lesueur, Mesa, AZ
Phone Number: 480-733-2093
Facsimile Number:
Person to Contact: Ryan Goettl
(Email Address): ryan.goettl@ldschurch.org
Owner's Bid # or Project #: LDS Mesa Temple (Historic) - Multiple Upgrades
Date of Completion: On Going Upgrades
Brief Project Description (Including Partnering Team and Owner's project name)*
Multiple upgrades have been and are currently being provided. Including many existing air handlers, ductwork modifications.
3. Company Name: Arizona Nutritional Supplements
Address: 6850 W Morelos Place, Chandler, AZ
Phone Number: 602-284-1384
Facsimile Number: 480-966-9630
Person to Contact: Fabio Contreras
(Email Address): fcontreras@aznutritionalcom
Owner's Bid # or Project #: Building Dehumidification
Date of Completion: 2017
Brief Project Description (Including Partnering Team and Owner's project name):
Provided dehumidification systems for the spaces to operate at 70 "F and 25% relative humidity.
4. Company Name: Arizona State University
Address: 1151 South Rural Road, Tempe, AZ
Phone Number: 480-226-8993
Facsimile Number: 480-965-7938
Person to Contact: Rick Martorano
(Email Address): rick.martorano@asu.edu
Owner's Bid # or Project #: E125 Lab
Date of Completion: 2016
Brief Project Description (Including Partnering Team and Owner's project name) -
1200 SF lab designed to support the operation of three (3) Metal Organic Vapor Decomposition Units (MOCVD) for the campus.
5. Company Name: Arizona State University
Address: 1151 South Rural Road, Tempe, AZ
Phone Number: 480-965-6032
Facsimile Number:
Person to Contact: Marion Singleton
(Email Address): marion.singleton@asu.edu
Owner's Bid # or Project #: 11532
Date of Completion: may 31, 2017
Brief Project Description (Including Partnering Team and Owner's project name):
Replacement of eight (8) existing rooftop air handling units currently serving the ECB wing of the School of Engineering.

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
ATTACHMENT I - REFERENCES
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
Address: 401 W Jefferson, Phoenix, AZ
Phone Number: 002-296-9881
Facsimile Number:
Person to Contact: Ravinder Gunnala
(Email Address): ravindergunnala@fm.maricopa.gov
Owner's Bid # or Project #: Durango Campus OET Zone 2 Assessment
Date of Completion: 2012
Brief Project Description (Including Partnering Team and Owner's project name):
Survey the spaces, write a report of existing conditions and minimum requirements needed to accommodate new server equipment.
2. Company Name: Clarius Partners
Address: 60 E Rio Salado Pkwy., Suite 9060, Tempe AZ
Phone Number: 480-366-6005
Facsimile Number:
Person to Contact: Mark Balcius
(Email Address): mbalciusgclariuspartners.com
Owner's Bid # or Project #: The Hub
Date of Completion: On Going Upgrades
Brief Project Description (Including Partnering Team and Owner's project name):
VBFA provided the mechanical and electrical engineering services associated with repurposing an animal science testing laboratory to a shell office building.
3. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
4. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):
5. Company Name:
Address:
Phone Number:
Facsimile Number:
Person to Contact:
(Email Address):
Owner's Bid # or Project #:
Date of Completion:
Brief Project Description (Including Partnering Team and Owner's project name):

VAN BOERUM
& FRANK ASSOCIATES, INC.
CONSULTING ENGINEERS
ATTACHMENT 3 - SELECTED SERVICES CERTIFICATION
Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of Van Boerum & Frank Associates, 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.
HELD PIZON. WED PROV I DV.
(\ D
MECHANICAL ENGINEERING
Byron Torgersen, P.E.
Printed
Principal
Title
May 31, 2017
Date

VAN BOERUM
Ex FRANK ASSOCIATES, INC.
CONSUMNG L-NGINEERS
ATTACHMENT 4 - NON COLLUSION AFFIDAVIT
Attachment 4- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
COUNTY OF MARICOPA
Byron Torgersen. P.E. being first duly sworn, deposes and says:
That he is Principal of Van Boerum & Frank Associates, 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 of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
„IY t_
Signature dAffiant)
Subscribed and sworn to before me this day of M ,20
My Commission Expires: ( jj. I
LORI HAGLUND
NOTARY PUBLIC- STATE OF UTAH
Comm. Exp. 4114/2018
mrnission # 676297
eNcdIN vtvibit)