14107-CONTRACT - CLIMATEC.DOC

SERIAL 14107-MS INTEGRATED BUILDING AUTOMATION FACILITY CONTROLS
Contract- Climatec, LLC
DATE OF LAST REVISION: March 25, 2015 CONTRACT END DATE: March 31, 2018
CONTRACT PERIOD THROUGH MARCH 31, 2018
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for Integrated Building Automation Facility Controls
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on March 25, 2015.
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Office of Procurement Services
DW/at
Attach
Copy to: Office of Procurement Services
Don Jeffery, Facilities Management
Christian Jonson, Facilities Management

CONTRACT PURSUANT TO MS
This Contract is entered into this 25th day of March, 2015 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Climatec, LLC dba Climatec Building Technologies Group, an Arizona
corporation (“Contractor”) for the purchase of Integrated Building Automation Facility Control services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Three (3) years, beginning on the 25th day of March, 2015 and
ending the 31th day of March, 2018.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of Three (3) years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least sixty (60) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
2.0 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract
annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by
appropriate documentation. If County agrees to the adjusted price terms, County shall issue written
approval of the change. The reasonableness of the request will be determined by comparing the request
with the (Consumer Price Index) or by performing a market survey.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit in a manner acceptable to the County one (1) legible copy of
their detailed invoice before payment(s) can be made. At a minimum, the invoice must
provide the following information:
 Company name, address and contact
 County bill-to name and contact information
 Contract serial number
 County purchase order number
 Invoice number and date
 Payment terms
 Date of service or delivery
 Quantity
 Contract Item number(s)
 Description of service provided

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 Pricing per unit of service
 Freight (if applicable)
 Extended price
 Mileage w/rate (if applicable)
 Total Amount Due
3.3.2 Invoices are required to contain the following information:
 Company name, address and contact
 County bill-to name and contact information
 Building Name and Building Number
 County purchase order number
 Maximo (FMD) service call number
 Invoice number and date
 Date of service or delivery
 Description of Purchase (services performed)
 Pricing per unit of purchase
 Extended price
 Arrival and completion time
 Total Amount Due
3.3.3 Problems regarding billing or invoicing shall be directed to the County as listed on the
Purchase Order.
3.3.4 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.4 PAYMENT RETENTION:
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by
Contractor related to work under this agreement shall be retained by County until Final
Completion of the services herein described in accordance with Section 2.13. County
may elect to release specific retention payments based on mutually agreed milestones, but
in no case shall retention be released prior to Final Completion. All other payment terms
and conditions shall not be affected by the retention. In the event of termination or
cancellation of this contract by County through no fault of Contractor, Contractor shall be
entitled to the refund of any funds in the retention account.
3.4.2 After fifty percent (50%) of the work has been completed, the Maricopa County
Executive Steering Committee may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in retainage
shall be in the discretion of the Maricopa County Executive Steering Committee. Any
interest earned on retainage shall accrue solely to the benefit of County.
3.4.3 The Contractor shall have the right, pursuant to Arizona Revised Statues, to submit
securities in lieu of retention for all work completed. The Contractor is required to
request this option at least ten (10) business days prior to submission of first Application
for Payment to allow time for preparation of forms. The Contractor shall request and
obtain securities forms through County. The County must identify either securities
option or retention option prior to first Application for Payment.

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3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all
applicable state and local transaction privilege taxes. To the extent any state and local
transaction privilege taxes apply to sales made under the terms of this contract it is the
responsibility of the seller to collect and remit all applicable taxes to the proper taxing
jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or state and local laws and regulations and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security and
Worker’s Compensation.
3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and
all taxes and include the same in proposal price.
3.7 TAX: (COMMODITIES)
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be
used in determine low price.
3.8 DELIVERY:
It shall be the Contractor’s responsibility to meet the proposed delivery requirements. Maricopa
County reserves the right to obtain services on the open market in the event the Contractor fails to
make delivery and any price differential will be charged against the Contractor.
3.9 OPERATING MANUALS:
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and
schematic diagrams, if required by the Using Agency.
3.10 ACCEPTANCE:
3.10.1 Upon successful completion of the performance period, the system shall be deemed
accepted and the warranty period begins. All documentation shall be completed prior to
final acceptance.
3.10.2 For Customer’s Initial purchase of each Equipment and Software product. Licensor shall
provide an acceptance test period (the “Test Period “) that commences upon Installation.
Installation shall be defined as: a.) the Equipment, if any, is mounted; b.) the Software is
installed on the data base server(s) and/or personal computer(s); and c.) implementation
team training, if any, is complete. During the Test Period, Customer shall determine
whether the Equipment and Software meet the Licensor published electronic
documentation, (“Specifications”). The Test Period shall be for 90 days. If Customer
has not given Licensor a written deficiency statement specifying how the Equipment or
Software fails to meet the Specification (“Deficiency Statement’) within the Test Period,
the Equipment and Software shall be deemed accepted. If Customer provides a

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Deficiency Statement within the Test Period, Licensor shall have 30 days to correct the
deficiency, and the Customer shall have an additional 60 days to evaluate the Equipment
and Software. If the Equipment or Software does not meet the Specifications at the end
of the second 30 day period, either Customer or Licensor may terminate this Contract.
Upon any such termination, Customer shall return all Equipment and Software to
Licensor, and Licensor shall refund any monies paid by Customer to Licensor therefore.
Neither party shall then have any further liability to the other for the products that were
the subject of the Acceptance Test.
3.11 INFRINGEMENT DEFENSE INDEMNIFICATION
3.11.1 Defense and Indemnity: Contractor shall defend, Participate and Share in the Cost, as
defined below, in the full defense of the County against any Claim, as defined below, and
will indemnify and hold harmless the County as provided for in this Section for any
judgments, settlements and court awarded attorney’s fees resulting from a Claim where
the claimant is adjudged the successful party in the Claim. Contractor’s obligations under
this Section are conditioned on the following: (i) County promptly notifies Contractor of
the Claim in writing upon made aware of the Claim; (ii) County gives Contractor lead
authority and County being control of the defense and (if applicable) settlement of the
Claim, provided that County’s legal counsel may participate in such defense and
settlement, at County’s expense, and (iii) County provides all information and assistance
reasonably requested by Contractor to handle the defense or settlement of the Claim. For
purposes of this Section, “Claim” means any cause of action in a third party action, suit
or proceeding against County alleging that CONTRACTOR software, or its upgrades,
modifications, or revisions, as of its delivery date under this Agreement, infringes a valid
U.S. patent, copyright or trademark. For the purposes of this section, “Participate and
Share in the Costs” means Contractor will assist the County in the defense of the claim,
to the extent agreed to by the parties, except that Contractor shall be solely responsible
for any and all costs adjudged in a successful Claim against the County.
3.11.2 Remedial Measures: If software becomes, or Contractor reasonably believes use of
software may become, the subject of a Claim, Contractor may, at its own expense and
option: (i) procure for County the right to continue use of the Product; (ii) replace or
modify the software; or to the extent that neither (i) nor (ii) are deemed commercially
practicable, (iii) refund to County a pro-rated portion of the applicable fees for software
based on a linear depreciation monthly over 10 year useful life, in which case County will
cease all use of software and return it to Contractor.
3.11.2.1 Exceptions: Contractor will have no defense or indemnity obligation for any
Claim based on: (i) modifications by someone other than Contractor; (ii)
software has been modified by Contractor in accordance with County-provided
specifications or instructions; (iii) use or combination by the County of software
with Third Party Products, open source or freeware technology; (iv) Third Party
Products, open source or freeware technology; (v) a product that is used or
located by County in a country other than the country in which or for which it
was supplied by Contractor; (vi) possession or use of a product after Contractor
has informed County of modifications or changes required to avoid such Claim
and offered to implement those modifications or changes, if such Claim would
have been avoided by implementation of Contractor's suggestions and to the
extent County did not provide Contractor with a reasonable opportunity to
implement Contractor's suggestions; or (vii) the amount of revenue or profits
earned or other value obtained by the use of Products, or the amount of use of
the Products. “Third Party Products” means any products made by a party other
than Contractor, and may include, without limitation, products ordered by
County from third parties. However, components of Contractor-branded
Products are not Third Party Products if they are both: (i) embedded in Third
Party Products (i.e., not recognizable as standalone items); and (ii) not identified
as separate items on Contractor’s price list, quotes, order specifications forms or
Documentation.

SERIAL 14107-MS
3.11.3 The foregoing states Contractor’s entire liability, and County’s sole and exclusive remedy
except as provided at law or equity, with respect to any infringement or misappropriate of
any intellectual property rights of another party.
3.12 SOURCE CODE ESCROW REQUIREMENT:
3.12.1 The Contractor shall provide all source code and any updates or fixes for the Contractor
Commercial Off the Shelf (“COTS”) application software that Maricopa County has
purchased from Contractor for safekeeping with an mutually acceptable escrow agent
within thirty (30) days of award. The software source deposited with the escrow agent
will be a snapshot of all source code maintained by Contractor in the form of a Microsoft
Visual Source Safe Archive. In this way, as beneficiary of the escrow agreement between
Contractor and escrow agent, Maricopa County will have access to all source code of the
products that they license for all versions of the software. Furthermore, the escrowed
code shall include all code specifically developed for Maricopa County including, but not
limited to: interfaces, Extraction-Transformation-Loading (ETL) routines for data
conversion, and all custom code. Upon taking possession of the source code, Maricopa
County will have the right to use the source for products that they license in the versions
currently installed on the System or any subsequent versions in the archive. Contractor
will make a deposit of the Source Safe Archive with the escrow agent once every six (6)
months.
3.12.2 Maricopa County hereby agrees to pay the yearly standard fee for a beneficiary of the
source code.
3.12.3 Maricopa County shall have access to the source code in the event any of the following
circumstances:
3.12.3.1 the sale, assignment, or transfer to any third party of any of Contractor’s rights
in the licensed product (or any portion thereof) if such sale, assignment, or
transfer would prevent Contractor from fully performing any of its obligations
under any agreement with Maricopa County;
3.12.3.2 Contractor becomes insolvent or commits any affirmative act of insolvency, or
generally fails to pay, or admits in writing its inability to pay, debts as they
become due, makes a general assignment for the benefit of creditors, files a
voluntary petition of bankruptcy, suffers or permits the appointment of a
receiver for its business or assets, becomes subject to any proceeding under, or
case in, any bankruptcy or insolvency law, or Contractor takes any action to
authorize, or in the furtherance of, any of the foregoing;
3.12.3.3 Contractor discontinues providing full support and maintenance services for the
licensed product in accordance with its obligations pursuant to any agreement
with Maricopa County;
3.12.3.4 Contractor has ceased to do business or improperly refuses to provide any
services pursuant to any agreement with Maricopa County;
3.12.3.5 Contractor has breached (and if subject to a cure period, has not cured such
breach within such period) any material term or condition of any agreement with
Maricopa County;
3.12.3.6 Any change of control of Contractor or Contractor’s parent company, where
such party is acquired, directly or indirectly, in a single transaction or series of
related transactions, or all or substantially all of the assets of such party are
acquired by any entity, or such party is merged with or into another entity to
form a new entity; or

SERIAL 14107-MS
3.12.3.7 Any other circumstance in which Maricopa County is entitled to access or use
the applicable deposit materials (including, but not limited to, the source code)
under the express terms of any agreement between Contractor and Maricopa
County.
3.12.4 Upon Maricopa County taking possession of the source code, Maricopa County hereby
agrees as follows:
3.12.4.1 Maricopa County accepts full and total responsibility for the safekeeping of the
source code. Maricopa County agrees that such source code shall be subject to
the restrictions of transfer, sale, and reproduction placed on the software itself as
stated in the software license signed by all parties.
3.12.4.2 Maricopa County agrees to only use source code related to applications for
which they own a license. There will be source from other applications in the
archive.
3.12.4.3 Maricopa County agrees, if so ordered by a court of competent jurisdiction, to
compensate Contractor for any and all damages Contractor suffers, to include
reasonable attorney’s fees, resulting directly or indirectly from, but not limited
to, the mishandling, misuse, or theft of the source code, regardless of intent, or
the absence thereof, by Maricopa County, its employees, , agents and third-party
contractors..
3.12.4.4 No license under any trademark, patent, copyright, or any other intellectual
property right, is either granted or implied by the disclosure of the source code
to Maricopa County. The Contractor’s disclosure of the source code to
Maricopa County shall not constitute any representation, warranty, assurance,
guarantee or inducement by the Contractor to Maricopa County of any kind,
and, in particular, with respect to the non-infringement of trademarks, patents,
copyrights, or any other intellectual property rights, or other rights of third
persons or of Contractor.
3.12.4.5 Contractor will not be responsible for maintaining the source code.
Furthermore, Contractor will not be liable for any consequences related to the
use of source code modified by Maricopa County.
3.13 CONTRACTOR EMPLOYEE MANAGEMENT:
3.13.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout
the implementation of the Solution. In the event that Contractor personnel’s employment
status changes, Contractor shall provide County a list of proposed candidates with
equivalent experience with the Solution. County reserves the right to assist in the
selection of the replacement candidate. Under no circumstances is it acceptable for the
implementation schedule to be impacted by a personnel change on the part of the
Contractor.
3.13.2 Contractor shall not reassign any provided personnel without the express consent of the
County.
3.13.3 County reserves the right to immediately remove from its premises any Contractor
personnel it determines is a risk to County operations.
3.13.4 County reserves the right to request the replacement of Contractor personnel at any time,
for any reason. Said requested removal shall not be subject to part 1.8.1 of this section.

SERIAL 14107-MS
3.14 FACILITIES:
During the course of this Contract, the Contractor will have very limited workspace for storage.
There will also be no space available for a work or storage trailer.
3.15 BACKGROUND CHECK:
Bidders/proposers need to aware that there may be multiple background checks (Sheriff’s Office,
County Attorney's Office, Courts as well as Maricopa County general government) to determine if
the respondent is acceptable to do business with the County. This applies to (but is not limited to)
the company, sub-contractors and employees and the failure to pass these checks shall deem the
respondent non-responsible.
3.16 WARRANTY:
3.16.1 All items furnished under this Contract shall conform to the requirements of this Contract
and shall be free from defects in design, materials and workmanship.
3.16.2 The warranty period for workmanship and materials shall be for an initial period of
twelve (12) months and commence upon acceptance by County.
3.16.2.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and
any applicable limitations or conditions which may apply.
3.16.2.2 The Contractor agrees that he will, at his own expense, provide all labor and
parts required to remove, repair or replace, and reinstall any such defective
workmanship and/or materials which becomes or is found to be defective during
the term of this warranty. The Contractor shall guarantee the equipment to be
supplied complies with all applicable regulations.
3.17 MAINTENANCE:
The Contractor shall provide for maintenance under this Contract upon acceptance of materials by
the Using Agency.
3.18 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
3.19 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
3.20 VOLUNTARY EMPLOYEE DISCOUNTS
3.20.1 Contractors may voluntarily offer discounts to County employees for products or services
provided under this contract. Whether a contractor offers or does not offer an employee

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discount is not a factor in nor considered in the evaluation of responses to this
solicitation.
3.20.2 Any discount offered is part of a commercial transaction between the contractor and
individual County employees and the County is not a party to the transaction. Any
disputes or issues arising from an individual commercial transaction between the
contractor and an individual County employee are a matter between the contractor and
the employee. If a discount is offered, the terms will be announced to County employees.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by any state agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing
by the Procurement Officer.
5.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION:
6.1.1 To the fullest extent permitted by law, Contractor 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 acts, errors,
omissions, mistakes or malfeasance relating to the Contractor’s performance of this
Contract. Contractor’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 caused by any negligent acts, errors, omissions
or mistakes in the performance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
6.1.2 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.
6.1.3 The scope of this indemnification does not extend to any claim, damage, loss, or expense
resulting from the sole negligence of County.

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6.2 INSURANCE:
6.2.1 Contractor, at Contractor’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.
6.2.2 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.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4 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.
6.2.5 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. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment of
Contractor’s obligations under this Contract.
6.2.7 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 Insured’s.
6.2.8 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 Contractor’s work or service.
6.2.9 The Contractor's policies shall stipulate that the insurance afforded the Contractor shall
be primary insurance and that any insurance carried by the Department, its agents,
officials, employees or the State of Arizona shall be excess and not contributory
insurance, as provided by A.R.S. § 41-621 (E).
6.2.10 Coverage provided by the Contractor shall not be limited to the liability assumed under
the indemnification provisions of this Contract.
6.2.11 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,

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personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which 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.
6.2.12 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 Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services under this Contract.
6.2.13 Workers’ Compensation:
6.2.13.1 Workers’ Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor’s employees engaged in the
performance of the work or services under this Contract; and Employer’s
Liability insurance of not less than $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit.
6.2.13.2 Contractor 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 Contractor pursuant to
this Contract.
6.2.14 Builder’s Risk – Any construction that there is a possibility of moving a wall:
6.2.14.1 Builder’s Risk (Property) Insurance. Contractor shall purchase and maintain,
on a replacement cost basis, Builders’ Risk insurance and, if necessary,
Commercial Umbrella insurance in the amount of the initial Contract amount
as well as subsequent modifications thereto for the entire work at the site.
Such Builders’ Risk insurance shall be maintained until final payment has
been made or until no person or entity other than County has an insurable
interest in the property required to be covered, whichever is earlier. This
insurance shall include interests of County, Contractor, and all subcontractors
and sub‐subcontractors in the work during the life of the Contract and course
of construction, and shall continue until the work is completed and accepted
by County. For new construction projects, Contractor agrees to assume full
responsibility for loss or damage to the work being performed and to the
structures under construction. For renovation construction projects, Contractor
agrees to assume responsibility for loss or damage to the work being
performed at least up to the full Contract amount, unless otherwise required
by the Contract documents or amendments thereto.
6.2.14.2 Builders’ Risk insurance shall be on a special form and shall also cover false
work and temporary buildings and shall insure against risk of direct physical
loss or damage from external causes including debris removal, demolition
occasioned by enforcement of any applicable legal requirements, and shall
cover reasonable compensation for architect’s service and expenses required
as a result of such insured loss and other “soft costs” as required by the
Contract.
6.2.14.3 Builders’ Risk insurance must provide coverage from the time any covered
property comes under Contractor’s control and/or responsibility, and continue
without interruption during construction, renovation, or installation, including
any time during which the covered property is being transported to the
construction installation site, and while on the construction or installation site
awaiting installation. The policy will provide coverage while the covered

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premises or any part thereof are occupied. Builders’ Risk insurance shall be
primary and any insurance or self‐insurance maintained by the County is not
contributory.
6.2.14.4 If the Contract requires testing of equipment or other similar operations, at the
option of County, Contractor will be responsible for providing property
insurance for these exposures under a Boiler Machinery insurance policy or
the Builders’ Risk Insurance policy.
6.2.15 Crime:
Contractor shall maintain Commercial Crime Liability Insurance with a limit of not less
than $500,000 for each occurrence. The policy shall include, but not be limited to,
coverage for employee dishonesty, fraud, theft, or embezzlement.
6.2.16 Cyber:
6.2.16.1 Policy Limit:
6.2.16.2 The policy shall be issued with minimum limits of $100,000.
6.2.16.3 The policy shall include coverage for all directors, officers, agents and
employees of the Contractor.
6.2.16.4 The policy shall include coverage for third party fidelity.
6.2.16.5 The policy shall include coverage for theft.
6.2.16.6 The policy shall contain no requirement for arrest and conviction.
6.2.16.7 The policy shall cover loss outside the premises of the Named Insured.
6.2.16.8 The policy shall endorse (Blanket Endorsements are not acceptable) the
Department as Loss Payee as our interest may appear.
6.2.17 Errors & Omissions
If necessary, Commercial Umbrella insurance, which will insure and provide coverage
for errors or omissions of the Contractor, with limits of no less than $2,000,000 for each
claim.
6.2.18 Certificates of Insurance.
6.2.18.1 Prior to Contract Award, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County (see Exhibit 5), issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this contract number and title.
6.2.18.2 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 Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
6.2.18.3 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.
6.2.19 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.

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6.3 BOND REQUIREMENT:
6.3.1 Concurrently with the submittal of each “Project,” the Contractor shall furnish at the
County’s discretion, to the Contracting Agency the following bonds, which shall become
binding upon the award of the project to the Contractor.
6.3.1.1 A Performance Bond equal to the full Project conditioned upon the faithful
performance of the project in accordance with plans, specifications and
conditions thereof. Such bond shall be solely for the protection of the
Contracting Agency awarding the project.
6.3.1.2 Payment Bond equal to the full project amount solely for the protection of
claimants supplying labor and materials to the Contractor or his Subcontractors
in the prosecution of the work provided for in such projects.
6.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on such
bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed
by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies holding a certificate of
authority to transact surety business in the State of Arizona issued by the Director of the
Department of Insurance. The bonds shall not be executed by an individual surety or
sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety
who is either a resident of the State of Arizona or whose principal office is maintained in
this state, as by law required, and the bonds shall have attached thereto a certified copy of
the Power of Attorney of the signing official. In addition, said company or companies
shall be rated “Best-A” or better as required by the Contracting Agency, as currently
listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:

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6.5.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
6.6.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by
County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid is a requirements contract. However, the Contract does
not guarantee any minimum or maximum number of purchases will be made. It only
indicates that if purchases are made for the materials or services contained in the
Contract, they will be purchased from the Contractor awarded that item if the Contractor
can meet all the delivery requirements of the County. Orders will only be placed when
the County identifies a need and proper authorization and documentation have been
approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time
after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the
Contractor for actual and documentable costs incurred by the Contractor in response to
the Purchase Order. The County will not reimburse the Contractor for any costs incurred
after receipt of County notice of cancellation, or for lost profits, shipment of product prior
to issuance of Purchase Order, etc.

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6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. By submitting a bid
in response to this Invitation for Bids, the Contractor specifically acknowledges to be
bound by this cancellation policy.
6.8 Suspension of Work
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the contract.
6.9 Stop Work Order
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days
after the order is delivered to the Contractor, and for any further period to which the parties may
agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either—
6.9.1 Cancel the stop-work order; or
6.9.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this contract.
6.9.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, and the contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
6.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
6.11 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
6.11.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.11.2 Make progress, so as to endanger performance of this contract; or
6.11.3 Perform any of the other provisions of this contract.
6.11.4 The County’s right to terminate this contract under these subparagraph may be exercised
if the Contractor does not cure such failure within 10 days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer
specifying the failure.

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6.12 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
6.13 CONTRACTOR LICENSE REQUIREMENT:
6.13.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Respondent shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the using agency of any and all changes concerning permits,
insurance or licenses.
6.13.2 Respondents furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. A Respondent is not relieved of its obligation to posses the required licenses by
subcontracting of the labor portion of the Contract. Respondents are advised to contact
the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain
licensing requirements for a particular contract. Respondents shall identify which
license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.14 SUBCONTRACTING:
6.14.1 The Contractor may not assign to another Contractor or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
6.14.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates or the County has approved the increase. The Subcontractor’s invoice shall be
invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the Subcontractor’s invoice must accompany the
Prime Contractor’s invoice.
6.15 AMENDMENTS:
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.
6.16 ADDITIONS/DELETIONS OF SERVICE:
6.16.1 The County reserves the right to add and/or delete materials and services to a Contract. If
a service requirement is deleted, payment to the Contractor will be reduced
proportionately, to the amount of service reduced in accordance with the bid price. If

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additional materials or services are required from a Contract, prices for such additions
will be negotiated between the Contractor and the County.
6.16.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
6.17 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.18 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.19 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.20 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and
may be viewed and downloaded at the Governor of the State of Arizona‟s website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is hereby incorporated into this
contract as if set forth in full herein. During the performance of this contract, CONTRACTOR
shall not discriminate against any employee, client or any or any other individual in any way
because of that person‟s age, race, creed, color, religion, sex, disability or national origin.
6.21 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.21.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor
6.21.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
6.21.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
6.21.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
6.21.1.4 Have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.

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6.21.2 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
6.22 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.22.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
6.22.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.21
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the contract and
may pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
Contractor.
6.23 INFLUENCE
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
Any attempt to influence includes, but is not limited to:
6.23.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
6.23.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
6.24 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS.
6.24.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the

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National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
6.24.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
6.24.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.25 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.25.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) years, whichever is latest. The County, Federal or State auditors and any
other persons duly authorized by the Department shall have full access to, and the right to
examine, copy, and make use of, any and all said materials.
6.25.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.25.3 If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance. The course of action to address the disallowance shall be at sole discretion
of the County, and may include either an adjustment to future invoices, request for credit,
request for a check or deduction from current billings Submitted by the Contractor by the
amount of the disallowance, or to require reimbursement forthwith of the disallowed
amount by the Contractor by issuing a check payable to Maricopa County.
6.26 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed
cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to
adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or
to require repayment of the disallowed amount by the Contractor.
6.27 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the contract.
6.28 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information. by the Office of
Procurement Services. If an Offeror believes that information in its Offer or any resulting
Contract should not be released in response to a public record request under Arizona law, the
Offeror shall indicate the specific information deemed confidential or proprietary and submit a

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statement with its offer detailing the reasons that the information should not be disclosed. Such
reasons shall include the specific harm or prejudice which may arise from disclosure. The
Records Manager of the Office of Procurement Services shall determine whether the identified
information is confidential pursuant to the Maricopa County Procurement Code.
6.29 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.30 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.31 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, co-employee, partnership, principal and agent,
or joint venture between the County and the Contractor.
6.32 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona
6.33 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if
applicable, the terms of this Contract shall prevail.
6.34 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.34.1 Exhibit A, Pricing;
6.34.2 Exhibit B, Intent and Scope of Work;
6.34.3 Exhibit C, Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
Climatec Building Technologies Group
Attn: Eddie Rucker
2851 West Kathleen Road
Phoenix, AZ 85053

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EXHIBIT A,- PRICING
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NIGP CODE: 906-08, 910-17, 941-72
COMPANY NAME: Climatec, LLC
DOING BUSINESS AS (DBA) NAME: Climatec Building Technologies Group
MAILING ADDRESS: 2851 West Kathleen Road
Phoenix, AZ 85053
REMIT TO ADDRESS: 2851 West Kathleen Road
Phoenix, AZ 85053
TELEPHONE NUMBER: 602-944-3330
FACSIMILE NUMBER: 602-674-1279
WEB SITE: www.climatec.com
REPRESENTATIVE NAME: Ed Rucker
REPRESENTATIVE PHONE NUMBER: 602-980-3327
REPRESENTATIVE E-MAIL: eddier@climatec.com
WILL ALLOW OTHER GOVERNMENTAL ENTITIES
TO PURCHASE SERVICES UNDER THIS CONTRACT: YES: X NO:
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING.
PAYMENT TERMS WILL BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO
CHOOSE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
[ ] NET 10 DAYS [ ] NET 45 DAYS [ ] 1% 10 DAYS NET 30 DAYS
[ ] NET 15 DAYS [ ] NET 60 DAYS [ ] 2% 30 DAYS NET 31 DAYS
[ ] NET 20 DAYS [ ] NET 90 DAYS [ ] 1% 30 DAYS NET 31 DAYS
[X ] NET 30 DAYS [ ] 2% 10 DAYS NET 30 DAYS [ ] 5% 30 DAYS NET 31 DAYS
1.0 Pricing for Building # 3853 (Based on Section 2.0)
1.1 Building # 3853 - Base Price Including Tax $149,151.13 Total Price Amount
2.0 Additional Pricing (All other Locations)
2.1 Labor: Regular Hours $ 90.00 /per hr.
2.2 Labor: After Hours $135.00 /per hr.
2.3 Labor: Weekend Hours $135.00 /per hr.
2.4 Labor: Holiday Hours $180.00 /per hr.
2.5 Parts, Components, and Materials - Cost Plus Percentage Mark-Up Amount 30% Amount
2.6 Hourly Rate for any Services Outside the Scope of Work $105.00 /per hr.

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EXHIBIT B, INTENT AND SCOPE OF WORK
1.0 INTENT:
1.1 It is the intent of Maricopa County to enter into an agreement for Maricopa County to provide,
install, connect, and calibrate the entire Facility Management System (FMS) as indicated on the
Drawings and as necessary to provide fully automatic control for all systems as shown in the
control drawings, stated in the sequences of operation, indicated in the electrical ladder diagrams,
or as otherwise indicated in the Contract Documents. The Contractor shall coordinate with these
other suppliers and trades to provide a completely integrated control system. The Contractor shall
provide the engineering, installation supervision, programming, graphics development, calibration,
startup, and checkout necessary for a complete and fully operational control System. Startup
documentation verifying proper operation of all points and all integrated systems shall be
provided. Owner training and instruction of the installed control system is required.
1.2 It is the intent of the County to use this Contract for other Automation Facility Controls Projects as
the County deems to be in its best interest. Additional requirements will be sourced through a
quote/proposal process initiated by the office of Procurement Services with the successful
respondent.
1.3 In accordance with Article 3, MCI-340 of the Maricopa County Procurement Code, this
solicitation is being conducted as a MULTI-STEP REQUEST FOR PROPOSAL(S). Phase
one of this Multi-Step Request for Proposals is an invitation to SUBMIT UNPRICED
TECHNICAL PROPOSALS. Accordingly, responses to Phase One of this solicitation shall not
contain pricing in accordance with MC1-342 of the Maricopa County Procurement Code.
1.4 Upon completion of Phase One, the County will issue a request for Pricing Proposals only to
Respondents who’s final Technical Proposals were determined to be acceptable in Phase One.
1.5 The County may hold negotiations with firms to discuss technical proposals and negotiate
price with the Respondents whose final technical proposal are determined to be acceptable
in accordance with article MC1-343 of the Maricopa County Procurement Code.
1.6 The County reserves the right to add additional contractors, at the County’s sole discretion, in
cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the
County’s needs or to ensure adequate competition on any project or task order work.
1.7 Other governmental entities under agreement with the County may have access to services
provided hereunder (see also Section 2.11, below)
2.0 SCOPE OF WORK:
2.1 FOR THE NORTHEAST CONSOLIDATED COURTS BUILDING AUTOMATION SYSTEM
REPLACEMENT
2.1.1 All materials and workmanship to meet Maricopa County Building Automation
Technical Specifications, and to include full integration and factory support by one of the
existing front end software packages; Apogee or Envision for BAC talk.
2.1.2 All existing building controls equipment will be replaced with new building controls
equipment. Information and equipment listed is as accurate as available; Contractor to
verify equipment and existing conditions.
2.1.3 FRONT END
Integrate all equipment into the existing Maricopa County front end equipment to include
complete graphics, alarms, schedules and global control.

SERIAL 14107-MS
2.1.4 GLOBAL CONTROLLER
Provide global controller to control listed equipment capable of operating independent of
WAN and front end equipment.
2.1.5 OUTSIDE AIR MONITORING (OSA)
Monitor OSA temperature and humidity.
2.1.6 CENTRAL PLANT
The Central Plant will be hardwired to a dedicated controller capable of operating
independent of the building level network, WAN and front end equipment. Whenever
possible, the Chiller will control the primary pump and valve. The Chillers will be
programmed stage up and down on FLA%.
2.1.7 EQUIPMENT INVENTORY
2.1.7.1 The following is an inventory estimate prepared by Maricopa County Facilities
Management Staff. The Contractor is responsible for visiting the site to verify
existing conditions and confirm an accurate equipment inventory before
submitting bid.
2.1.7.1.1Chillers - Two (2) Air Cooled
2.1.7.1.2Cooling Towers - (None)
2.1.7.1.3Primary Pumps - Two (2)
2.1.7.1.4Secondary Pumps Three (3)
2.1.7.1.5CHW valves
2.1.8 AHU (TYPICAL OF): NINE (9)
2.1.8.1 Supply air, mixed air and Return air temperature and Supply air humidity.
Supply air reset based on box load.
2.1.8.2 Fan SS, status and VFD speed control
2.1.8.3 CHW and HHW valve control and status
2.1.8.4 Supply air duct static and high limit
2.1.8.5 Economizer damper control
2.1.9 EXHAUST FANS (TYPICAL OF): NINETEEN (19)
Fan SS and status.
2.1.10 ROOF TOP DX UNIT (TYPICAL OF): TWO (2) CARRIER SPLIT SYSTEMS
2.1.10.1 Space temperature sensor with set point adjust
2.1.10.2 Supply air temperature
2.1.10.3 Fan status

SERIAL 14107-MS
2.1.10.4 Compressor status
2.1.10.5 Reversing valve status
2.1.11 PRESSURE RELIEF FANS WITH AHU INTERLOCK (TYPICAL OF): NINE (9)
Status
2.1.12 FAN POWERED VAV WITH ELECTRIC REHEAT (TYPICAL OF): NINETY FOUR
(94) SEE BELOW
2.1.12.1 Space temperature sensor with set point adjust
2.1.12.2 Supply air temperature
2.1.12.3 Fan SS and status
2.1.12.4 Damper control
2.1.12.5 Staged electric reheat control and status
2.1.12.6 Twenty Nine (29) Large with Electric Heat
2.1.12.7 Forty Six (46) Medium with Electric Heat
2.1.12.8 Eighteen (18) Small with Electric Heat
2.2 PART 1 – GENERAL
2.3 DESCRIPTION
2.3.1 This section defines the basic materials and methods used in the installation of BACNet
Building Automation System (BAS) control products to provide the functions necessary
for control of the Mechanical and Other Specified Systems on this project.
2.3.2 The Building Automation System (BAS) is to provide a peer-to-peer networked, stand-
alone, distributed control system for building mechanical and electrical systems. The
BAS shall include an operator workstation also known as Engineering Control Center
(ECC), microprocessor based control units’ panels, Instrumentation End Control Devices,
wiring, piping, and related systems to provide centralized and facility wide control
functions.
2.3.3 The BAS shall be designed such that each mechanical and electrical system will be able
to operate under stand-alone control. As such, in the event of a network communication
failure, or the loss of any other controller, the control system shall continue to
independently operate under control.
2.3.4 Alarmable points shall be coordinated during the design process with Maricopa County
Facilities Management Division Automation Staff.
2.4 DEFINITIONS
2.4.1 Application Specific Controller (ASC): A networked device that contains a complete,
configurable application that is specific to a particular task. Also known as Unitary
Controller (UC). This application is normally produced by the device manufacturer and
contains a number of configuration parameters that may be adjusted by network tools.
2.4.2 BACNet: ANSI/ASHRAE Standard 135–2001. A data communication protocol for
Building Automation and Control Networks. Created by ASHRAE SPC135. The system

SERIAL 14107-MS
shall be native BACNet from end to end, which means from end controllers to ECC front
end. The system shall support and be fully integrated to one of the existing Maricopa
County front end software packages: Insight, BAC talk, or Struxure Ware.
2.4.3 Building Automation System (BAS): The complete facility control system comprised of
mechanical system automation, security control, lighting control, automatic temperature
control, smoke control, etc., as defined in the contract documents. This infrastructure
may include field wiring, LAN wiring, routers, bridges, raceways, and gateways as
required connecting non-interoperable subsystems and devices.
2.4.4 Control Wiring: Includes conduit, wire and wiring devices to install a complete Control
System including motor control circuits, interlocks, thermostats, PE and EP switches and
like devices. Includes all wiring from a DDC cabinet to all sensors and points defined in
the Points List summary or specified herein and required to execute the sequence of
operation. Includes necessary power wiring to all BAS devices, digital controllers
including terminal units and actuators.
2.4.5 Operator Interface: A device (PC, laptop or dumb display terminal) which incorporates
Application Program Interface (API) for remote network client services. The operator
interface workstation may connect to an IP network. A GUI is graphical subset of
operator interfaces.
2.5 CODES AND STANDARDS
2.5.1 Agency Listings
2.5.2 All products of the BAS shall be provided with appropriate agency approvals. With the
submittal documents, verification that the approvals exist for all submitted products shall
be required. Systems or Products not offering one or more of the following approvals are
Not Acceptable:
2.5.2.1 UL-916; Energy Management Systems
2.5.2.2 UL-873; Temperature Indication and Regulating Equipment
2.5.2.3 UL-864, Subcategories UUKL, UOXX, UDTZ; Fire Signaling and Smoke
Control Systems
2.5.2.4 FCC, Part 15, Subpart J, Class A Computing Devices Emissions Requirements
Code Approvals
2.5.2.5 NFPA 72, UL and IFC 2006 for Fire Alarms and Smoke Controls
2.6 PART 2 - DESIGN STANDARD
2.7 ACCEPTABLE CONTROL CONTRACTORS
Contractor must be fully capable and factory certified to support one of the existing County front
end software packages: Insight, Envision for BACtalk.
2.8 COMMUNICATIONS NETWORK, PC, AND MODEM SUPPORT
2.8.1 The Communications Network between buildings for all County facilities will be
installed underground and in conduits. The minimum conduit size for all underground
communication shall be one inch (1”).
2.8.2 Engineering Control Center Functions: The ECC shall allow the following operator
interactions within the system:
2.8.2.1 Create & Change Daily, Weekly or Monthly Time Schedules

SERIAL 14107-MS
2.8.2.2 Create & Change a Minimum of (10) Annual Holiday Schedules
2.8.2.3 Create & Change Special Schedules
2.8.2.4 Create Start Time Intervals
2.8.2.5 Program and Override All Room Temperature Set Points
2.8.2.6 Monitor All Room Temperatures
2.8.2.7 Create and Run Data Trends for All Room Temperatures
2.8.2.8 Alarm All Room Temperatures
2.8.2.9 Monitor All Supply Air Temperatures
2.8.2.10 Create and Run Data Trends for All Unit Inputs and Outputs
2.8.2.11 Alarm All Supply Air Temperatures
2.8.2.12 Acknowledge Alarms
2.8.2.13 Monitor and Alarm All Critical Equipment (chillers, boilers, CRAC units,
AHUs, solar systems, flat plate temperatures, pumps, valves, smoke control
systems and the like) as identified by Maricopa County
2.8.2.14 All Alarms Shall Have Audible and Visible Notification at the Front End
2.8.2.15 Alarms Shall Have Shortcut Links to the Appropriate Equipment Graphic Page
2.8.3 Provide all hardware and software necessary to allow remote communications via IP on
County network infrastructure to off-site locations. The off-site locations shall be able to
communicate with the remote site system even if the remote PC is turned off or not
functioning.
2.8.4 All systems must comply with a Class 3 conformance level of the BACNet specification
with 802.3 compliant communications systems. This is a Tier-1 level compliance.
Failure to document the proposed Direct Digital Controller system’s conformance will
result in the rejection of the contractors bid.
2.8.5 The FAS shall have a complete commissioning and point to point testing.
2.9 SYSTEM CONTROLLERS, FIELD PANELS, LOCAL CONTROLLERS, GLOBAL
CONTROLLERS, ETC.
2.9.1 Global LAN Controller Panel (GC/LAN)
2.9.1.1 The GC/LAN Controller shall utilize the BACNet protocol on the Management
Level Ethernet Media. The LAN controller shall at a minimum provide a Class 3
conformance level of the BACNet specification with 802.3 compliant
communications systems. The GC/LAN shall communicate with BACNet
Operator Workstations, other BACNet GC/LAN controllers, and third party
BACNet equipment to create a fully operational BAS.
2.9.1.2 The Building Controller shall as a minimum support Ethernet BACNet LAN
types. It shall communicate directly via the BACNet LANs as a native BACNet
device. The Global Controller shall be a BACNet conformance class 3 device.

SERIAL 14107-MS
2.9.1.3 Standard BACNet object types supported shall include as a minimum: Analog
Input, Analog Output, Analog Value, Binary Input, Binary Output and Binary
Value. All proprietary object types, if used in the system, shall be thoroughly
documented and provided as part of the submittal data. All necessary tools shall
be supplied for working with proprietary information.
2.9.1.4 The Building Controller shall comply with Annex J of the BACNet specification
for IP connections. This device shall use Ethernet to connect to the IP
internetwork. Controller must support interoperability on wide area networks
(WANs) and campus area networks (CANs).
2.9.1.5 The Main Network shall utilize either Ethernet or RS485 Media, and support a
minimum of 32 GC/LAN controllers on a full peer to peer communications
network. Each GC/LAN shall support at a minimum 2 sub LAN networks
capable of communicating with up to 124 Field Panels or Local Controllers per
LAN. All sub LAN networks shall be true peer-to-peer networks.
2.9.2 Web-Enabled Global LAN Controller Panel (WGC/LAN/DDC) Direct Digital Controller
2.9.2.1 Provide a web-enabled, programmable direct digital Global LAN Controller
Direct Digital Controller that can be used in a stand-alone environment,
networked to other controllers, or as part of a complete Facilities Management
System (multiple LAN). The Main Network shall utilize Ethernet Media and
support a minimum of 32 WGC/LAN/DDC controllers on a full peer to peer
communications network. Each WGC/LAN/DDC shall support at a minimum 1
sub LAN networks capable of communicating with up to 32 Field Panels or
Local Controllers. All sub LAN networks shall be true peer-to-peer networks.
2.9.2.2 The Controller may also be used to optimize the energy consumption by
implementing various Energy Management strategies such as; demand limiting,
duty cycling, outside air optimization, temperature setup/setback, optimum
start/stop routines, etc.
2.9.2.3 A dedicated serial port shall be provided for a simultaneous direct connected
operator station, or an auto dial/auto answer modem. Other On Board features
shall include:
2.9.2.3.1Internet Accessible with Standard WEB Browser. (No other software
required)
2.9.2.3.2Stand-Alone or Networked Peer-to-Peer Capabilities
2.9.2.3.32Way Modem Communications Capability
2.9.2.3.4Power-Fail with Auto Restart Capabilities
2.9.2.3.5Programs and Program Parameters Stored in Nonvolatile Flash
Memory
2.9.3 Local Controller (LC)
2.9.3.1 The Local Controller is a line of full peer-to-peer, programmable, Direct Digital
Controller. Used in a stand-alone environment, networked to other Local
Controllers, or as part of a complete Facilities Management System (multiple
LAN), the Local Controllers provide precise monitoring and control of
connected points. Through basic programming it is easy to implement
proportional (P), proportional + integral (PI), or proportional + integral +
derivative (PID) control sequences. These Controllers may also be used to
optimize the energy consumption by implementing various Energy Management

SERIAL 14107-MS
strategies such as; demand limiting, duty cycling, outside air optimization,
temperature setup/setback, optimum start/stop routines, etc.
2.9.3.1.1On-Board features shall include:
2.9.3.1.1.1 Stand-Alone or Networked Peer-to-Peer Capabilities
2.9.3.1.1.2 2-Way Modem Communications
2.9.3.1.1.3 8 Universal Inputs with 10 bit resolution- software
selectable as analog or digital with standard and custom
ranges. Pulse Counting shall be available for all inputs up
to 16Hz frequency
2.9.3.1.1.4 8 Universal Outputs with 10 bit resolution - software
selectable for analog or digital with standard and custom
ranges. Optional Output Cards, all with Hand-Off-Auto
(HOA) Switches and Switch Feedback for the following
outputs:
2.9.3.1.1.5 Alarm Buffering up to 10 Alarms
2.9.3.1.1.6 8 Standard P, PI, or PID Controllers each with the
following Adjustable Parameters:
2.9.3.1.1.7 8 Trend Logs for data logging purposes, each supporting
up to 4 analog, digital or virtual elements or points.
When linked to the Operating System these logs may be
graphically displayed
2.9.3.1.1.8 8 Runtime Logs with Time/Date Stamp and Cumulative
Runtime
2.9.3.1.1.9 4 Weekly Time Schedules with Overrides
2.9.3.1.1.10 2 Annual Routines for Holiday Schedules
2.9.3.1.1.11 3 Sensor Conversion Tables for Creating Linear Curves
2.9.3.1.1.12 6 Access Levels with 27 Individual User Passwords
2.9.3.1.1.13 On-Board 68 Character Full English Alarm Messages
2.9.4 Terminal Unit Controllers (TUC)
2.9.4.1 Terminal Unit Controllers shall utilize a high speed RISC processor that will
read all inputs, execute all programs and write to all its outputs at least ten (10)
times per second. The inputs and the outputs shall be defined in software as an
analog input, digital input, analog output, or digital output. The controller shall
be able to survive the application of 24 VAC to any input channel and/or the
RS-485 communications trunk. The enclosure shall have a UL 94 5V rating or
equivalent.
2.9.4.2 Terminal Unit Controllers shall communicate at minimum on a master/slave
communication protocol with a minimum of 96 other local controllers and/or
terminal unit controllers on the Terminal Unit Controller LAN with the aid of a
higher level processor (MBC, NAE, and BCM).

SERIAL 14107-MS
2.9.4.3 Application Specific Terminal Unit Controllers shall be available in the
following configurations:
2.9.4.3.1 Air Handling Unit Controller
2.9.4.3.2 Heat Pump Controller
2.9.4.3.3 Rooftop Unit Controller
2.9.4.3.4 Terminal Box Controllers (VAV’s)
2.10 MICROPROCESSOR BASED SPACE SENSOR
2.10.1 A Microprocessor Based Space Sensor residing on a RS-485 Network shall provide the
following functions:
2.10.1.1 Space, Temperature, Measurement and Indication
2.10.1.2 Outside Air Temperature Indication
2.10.1.3 Space Temperature Set Point Adjustment
2.10.1.4 Viewing the Value of Any Input or Output in the System
2.10.1.5 Changing the Value of Any Input, Output or Software Point in the System
2.10.1.6 The above functions shall be field programmable if desired
2.10.2 Space Temperature Sensor shall be capable of + 2°F local adjustment.
2.10.3 All Terminal Unit Controllers shall be capable of interface to this Microprocessor Based
Room Sensor.
2.10.4 In addition to the space temperature input, a Digital Input shall also be available at the
Sensor in addition to all other inputs at the Associated Controller.
2.10.5 The Microprocessor Based Room Sensor shall include an RJ11 Jack for connection of a
PC to the entire LAN network. Microprocessor Based Sensors who’s RJ11 Jack only
allows communication with the controller to which it is connected shall not be
acceptable.
2.11 AUXILIARY CONTROL DEVICES
2.11.1 Automatic Control Dampers And Operators
2.11.1.1 Automatic Control Dampers shall have interlocking blades and frames.
Dampers shall be designed and constructed so that the blades, frames and
linkage mechanism shall present a rigid assembly with free and easy action.
Dampers shall be constructed of galvanized steel blades and welded steel frame.
The damper bearings shall be brass or oil impregnated nylon with brass bearing
shafts. Where the damper blades are installed in a vertical position, a thrust type
ball bearing shall be provided for the lower bearing. All bearings in ducts or
casings to the outside shall have the top and bottom edges on both ends trimmed
with replaceable neoprene seal fastened in an approved manner, so as to be
practically air tight when closed. Closed dampers shall have leakage of not more
than one-half percent at 4" of water column (10.2 cm) static pressure and 2,000
feet per minute velocity.
2.11.1.2 Damper Operators shall be Spring Return or Capacitor Charged Return.

SERIAL 14107-MS
2.11.1.3 Damper frames shall not be less than 13 gauge-galvanized steel, formed for
extra strength, with mounting holes for enclosed duct mounting.
2.11.1.4 All damper blades shall be of not less than 16 gauge-galvanized steel formed for
strength and high velocity performance. Blades on all dampers must not be over
8" in width. Blades shall be secured to 1/2" diameter zinc plated axles with zinc
plated bolts and nuts. Blade side edges shall be sealed off against spring
stainless steel seals. Teflon coated thrust bearings shall be provided at each end
of every blade to minimize torque requirements and insure smooth operation.
All blade linkage hardware shall be constructed of corrosion resistant, zinc
plated steel and brass.
2.11.2 Differential Pressure Switches
Differential Pressure Switches shall be furnished as indicated by the sequence for status
purposes for either air or water applications. Provide single pole double throw switch
with fully adjustable differential pressure settings. The switch shall have a Snap-Acting
Form C Contact rated for the application. The Switch Contact shall be rated for 5 amps
at 120 volts as a minimum. The units shall be selected for ranges consistent with the
application.
2.11.3 Electronic Temperature Sensors
2.11.3.1 Temperature Sensors shall be Thermistors or 100 Ohm Platinum RTD.
Sensors shall be calibrated to less than or equal to a 1/4 degree F resolution
for the specific application. Substitutions must be approved by FMD
Automation Staff. All sensors to be field verified as correct.
2.11.3.2 Provide twisted pair lead wires and shield for input circuit or as otherwise
required by the manufacturer.
2.11.3.3 Use insertion elements in ducts not affected by temperature stratification or
smaller than one square meter. Use averaging elements where larger or prone
to stratification. Sensor length 2.5 m or 5 m as required.
2.11.3.4 Insertion elements for liquids shall be brass separable sockets (thermo wells)
with minimum insertion length of 2-1/2 inches (60 mm).
2.11.3.5 Provide outside Air Sensors with watertight inlet fittings, shielded from direct
rays of the sun. Mount sensors in permanent shade away from building heat
radiation or fan exhaust preferably on the North side of the facility.
2.11.3.6 Wall Mounted Sensor shall be mounted at 48" above finished floor in an area
which free air current is not constricted or blocked. Final location shall be
approved by the County and Engineer prior to installation. Wall sensors in
corridors shall have a locking guard.
2.11.3.7 Sensor Elements shall be applicable for the medium being sensed; i.e., room
elements, well-mounted elements, duct mounted elements and outdoor
mounted elements. Range shall be from 0 to 150 degrees F.
2.11.4 Electronic Static Pressure Sensors
2.11.4.1 Static Pressure Sensors shall be Differential Pressure Sensors, with the "high"
output sensing the duct pressure and the "low" input sensing atmospheric
pressure.

SERIAL 14107-MS
2.11.4.2 The range for the Static Pressure Sensor shall be matched to the static pressure
of the system being sensed, 0 to .5 inches, 0 to 2 inches, 0 to 5 inches, or 0 to
10 inches.
2.11.4.3 Accuracy shall be plus or minus 2% of the full range being sensed.
2.11.5 Temperature Thermostats (Stand/Alone Applications, As Required)
New Digital Thermostats shall be provided.
2.11.6 Humidity Sensor/Transmitter
2.11.6.1 Provide relative humidity sensor/transmitter where shown on the control
drawings. Sensor and Transmitter shall have:
2.11.6.2 System Accuracy: ±3% RH @ 25°C from 20-95% RH
2.11.6.3 Output Signal: Two wire 4-20 ma linear, proportional to 5-95% RH
2.11.6.4 The Transmitter power shall be compatible with and powered by, the low
voltage power supplied by the Contractor.
2.11.7 Carbon Dioxide Gas Sensor/Transmitter
2.11.7.1 Sensor/Transmitter shall meet or exceed the following specifications:
2.11.7.1.1 Measurement Range: 0 to 5,000 PPM (software adjustable to
9,999 PPM)
2.11.7.1.2 Accuracy: 5% of reading or 100 PPM, whichever is greater
2.11.7.1.3 Response Time: Less than one (1) minute
2.11.7.1.4 Output Signal: 4-20 ma linear
2.11.7.1.5 Output Impedance: 1000 Ohms
2.11.7.1.6 Repeatability: ±20 PPM
2.11.7.1.7 Drift: ±l00 PPM per year
2.11.7.1.8 Calibration Adjustments: Offset and span (software adjustable)
2.11.7.1.9 Sensor Operating Principal: Absorption infrared (non-disperse)
2.11.7.2 Minimum Required Characteristics:
2.11.7.2.1 Calibration Interval: One (1) year
2.11.7.2.2 Operating Temp. Range: 32°F to 122°F
2.11.7.2.3 Operating Humidity Range: 5-95% RH non-condensing
2.11.7.2.4 Power Requirement: 16-24 VAC, 60 Hz, 16-30 VDC
2.11.7.2.5 Current Requirement: 500 ma peak
2.11.7.2.6 Operating Elec. Environment: Floating or Grounded

SERIAL 14107-MS
2.11.7.2.7 Dimension (H x W x D): 4" x 7.5" x 3"
2.11.7.2.8 Unit Enclosure Material: UL Fire Rated
2.11.7.2.9 Manufacturer: Telaire International Corp. or County pre-
approved substitute.
2.11.7.2.10 Operator Display: LCD readout required in duct units; no
display required for room mounted units
2.11.7.2.11 Calibration Requirements: Software, 2 gas canisters (or 2 gas
canisters for every 3 units installed,
whichever is greater), and interface
cabling for RS-232
2.11.7.2.12 Ancillary Devices: Provide mounting bases and/or aspiration
box as required per manufacturers
recommendation
2.11.7.2.13 Warranty: One (1) year parts, shipping, and labor
required. Contractor to keep sufficient
spare parts locally and available in order to
minimize downtime due to delays in
shipping
2.11.7.2.14 Acceptable Manufacturers: Telaire Vendostat 2001V
2.12 ELECTRICAL WIRING
2.12.1 All cable runs exposed in return air plenums shall be smoke rated for the application and
secured to the building structure. Do not run wire in drywall without conduit.
2.12.2 All wiring cables shall have 600-volt insulation.
2.12.3 Cables shall be properly identified / tagged with matching wire markers on both ends as
to the control point.
2.12.4 All cables from ceilings to wall temperature sensors shall be installed in Electrical
Metallic Tubing Conduit (EMT), with steel compression type fittings. Set Screw fittings
are not acceptable.
2.13 ACCEPTANCE PROCEDURE
Upon completion, the BAS contractor shall calibrate all sensors and control devices for correct
operation. Control contractor shall provide written record of all calibrations showing offset,
amount, and all offsets programmed into the system.

SERIAL 14107-MS
2.14 TRAINING
2.14.1 The BMS Contractor shall conduct a comprehensive training class for designated County
personnel in maintenance and operation of the control system.
2.14.2 The training course shall include instruction on specific systems, and instructions for
operating the newly installed system to include as a minimum:
2.14.2.1 HVAC System Overview
2.14.2.2 Operation of Control System
2.14.2.3 Function of Each Component
2.14.2.4 System Operating Procedures
2.14.2.5 Programming Procedures
2.14.2.6 Maintenance Procedures
2.14.2.7 Selection of All Displays and Reports
2.14.2.8 Password Assignment and Modification
2.14.2.9 Walk-Through of the Job to Locate Control Components
2.14.2.10 Operation of Portable Operations Terminal
2.14.2.11 Explanation of Adjustment, Calibration and Replacement Procedures
2.15 SOFTWARE SERVICE AGREEMENT
2.15.1 Comply with UL 864.
2.15.2 Technical Support: Beginning with Substantial Completion, provide software support for
two years.
2.15.3 Upgrade Service: Update software to latest version at Project Completion. Install and
program software upgrades that become available within two years from the date of
Substantial Completion. Upgrading software shall include operating system. Upgrade
shall include new or revised licenses for use of software.
2.15.4 Contractor will provide 30 days’ notice to County to allow scheduling and access to
system, and to allow County to upgrade computer equipment if necessary.

SERIAL 14107-MS
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EXHIBIT C
FACILITITIES MANAGEMENT REQUIREMENTS
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding
County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24/7, 365 days per year.
1.6 Contractor shall provide 24/7; 365 days per year telephone access, and respond to a call for
services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall
respond on-site within four (4) hours of receipt of a service request.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond on-
site within two hours of receipt of a service request regardless of the time of day, WEEKEND or
HOLIDAY.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the
work or unable to gain access to the work site, the Contractor may only bill for a trip charge. The
Contractor is not authorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary
to perform the Scope of Work presented.
4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts
and equipment to perform services per Scope of Work presented.
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the
performance of the work.

SERIAL 14107-MS
4.4 All employees of the Contractor shall wear a company uniform identified with the company name
consisting of a minimum of one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa
County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances,
family members, assistants, or any other person unless said person is an authorized employee of
the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of
building occupants. Upon completion of work the Contractor shall clean and remove from the job
site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State,
County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and
accepts responsibility for keys. The keys must be returned at the completion of the work or at the
direction of FMD. ). Keys not returned may cause the County to re-key the ENTIRE building or
locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the
discretion of FMD.
5.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced,
stolen or otherwise not within the Contractor’s control.
5.5 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately
return all badges and keys to FMD.
6.0 SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior
to incorporation in the contractor’s bid price. Salvage rights automatically apply for all work if in the best
interest to the County. Salvageable materials without pre-approved contractor salvage rights shall be
securely stored and are not to be transported off the site without written permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of
contractor’s salvaged materials will be permitted.
7.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of
this service shall be incurred by the County. No Contractor employee may access County property without
approval of FMD.
8.0 PROJECT WORK:
Inquiries may be submitted by telephone or at the time of walk through but must be followed up in writing.
No oral communication is binding on Maricopa County. Any changes to the original specification must be
acknowledged in writing as part of the response to the solicitation/quote.

SERIAL 14107-MS
CLIMATEC LLC, DBA CLIMATEC BTG, 2851 W. KATHLEEN RD., PHOENIX, AZ 85053
PRICING SHEET: 90908, 91017, and 94172
Terms: NET 30
Vendor Number: 2011000515 0
Telephone Number: 602-944-3330
Fax Number: 602-674-1279
Contact Person: Ed Rucker
E-mail Address: eddier@climatec.com
Certificates of Insurance Required
Contract Period: To cover the period ending March 31, 2018.