14068 - REMOTE SITES OET REFRESH - DESIGN CONTRACT.PDF

CONSTRUCTION MANAGEMENT AT RISK (CMR)
PROFESSIONAL SERVICES CONTRACT
Remote Sites OET Refresh-Design
Office of Procurement Services
Serial # I 4068-CI
Contract # 14068-CI
C-70-
Project # MC -A -15 -1001
Facilities Management Department, Maricopa County Arizona

Maricopa County
Facilities Management Department
AGREEMENT BETWEEN THE COUNTY OF MARICOPA, ARIZONA
AND DESIGN PROFESSIONAL
-For-
CONSTRUCTION MANAGER AT RISK (CMR) PROJECT
PROJECT DELIVERY METHOD
THIS AGREEMENT made this 10th day of July in the year 2014 .
BY AND BETWEEN THE COUNTY OF MARICOPA, ARIZONA, hereinafter called the "Owner,"
and Pearson Engineering Associates Incorporated hereinafter called the "Design Professional"
or "DP."
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto, intending to be legally bound hereby, do covenant
and agree as follows:
PROJECT NAME: Remote Sites OFT Refresh-Design
PROJECT NUMBER: MC-A-15-1001
CONTRACT NUMBER: 14068-CI
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CMR Professional Services Contract Serial # 14068-61

Maricopa County
Facilities Management Department
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TABLE OF CONTENTS PAGE #
SCOPE OF WORK 3
ARTICLE 1: DEFINITIONS 4
ARTICLE 2: DP SERVICES AND RESPONSIBILITIES 7
ARTICLE 3: SUBCONSULTANTS 20
ARTICLE 4: OWNER'S RESPONSIBILITIES 21
ARTICLE 5: PROJECT MANAGEMENT AND REVIEW PROCEDURES 21
ARTICLE 6: BASIS OF COMPENSATION 23
ARTICLE 7: PAYMENTS TO DP 24
ARTICLE 8: INDEMNIFICATION AND INSURANCE 25
ARTICLE 9: PERFORMANCE 28
ARTICLE 10: OWNERSHIP OF DOCUMENTS 29
ARTICLE 11: ALTERNATIVE DISPUTE RESOLUTION 29
ARTICLE 12: SUSPENSION AND TERMINATION 34
ARTICLE 13: MISCELLANEOUS 34
EXHIBIT "A": HOURLY RATE & HOURS 41
EXHIBIT "B": LUMP SUM AMOUNT 42
EXHIBIT 'C': RECORD DRAWING PROCEDURES. 43
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Facilities Management Department
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SCOPE OF WORK
Design Professionals ("DP") shall furnish Architectural and Engineering Services ("NE Services") for the
Project and Contract described above, upon issuance by the Director of Maricopa County Facilities
Management Department ("MCFMD") ("Director") or Director's designee of DP's Authorization(s) to
Proceed.
DP shall furnish: planning, programming, feasibility studies, Statements of Probable Construction Cost,
partial or complete design services, including preparation drawings and documents necessary for
Subcontractor bidding and development of a GMP, construction contract administration and observation,
review of recommendations and other deliverables of the Construction Manager At Risk ("CMR"), review
of Contractor Change Order Requests, issuance of Construction Change Orders, review of Baseline and
updated Construction Schedules, review work prepared by other professional consultants and the
Contractor, building commissioning, and other miscellaneous NE Services that may be required and are
authorized by Owner.
DP acknowledges and warrants to Owner that in connection with Entering into this Agreement DP has
received and reviewed a copy of Owner's Standard Form of Agreement for Services by a CMR for Pre-
Construction Services and for Construction Phase Services to be used for the Project and has
familiarized itself with the contents of both of those Agreements and all attachments or exhibits thereto
and will develop all design documents hereunder to be fully compatible to and consistent with those
Agreements. The terms of that Standard Form of Agreement for Services by a CMR are incorporated
herein by reference (as outlining AE duties) and are made a part hereof.
DP also agrees that at time of execution of any agreement between Owner and CMR, DP will have the
responsibility to obtain from Owner an executed or conformed copy of all contracts constituting the CMR
contract for reference and use in DP's NE Services at all times after the CMR Agreement is executed and
in force.
The Director or Director's designee may issue an Authorization to Proceed to encompass the entire Basic
Services as described in Section 2.2 herein for the Project or a portion of Basic Services, or for
discretionary tasks as specified in Section 2.3 herein for Additional Services or 2.4 herein for
Reimbursable Costs.
The fees to be paid by Owner for NE Services shall be:
A lump sum, not to exceed (See Section 6.1 herein). (Exhibit 'IT). However, DP shall provide
Hourly Rates and hours (by phase and service). (See Section 6.2 herein Exhibit 'A') for reference in the
event of added services or change orders.
The Director or Director's designee will confer with DP before any Authorization to Proceed is issued. DP
will discuss the scope of the NE Services covered by the Authorization, the time to complete those NE
Services and the fee for those NE Services provided that when no agreement is reached as to the fee for
a particular Authorization to Proceed, payment for those NE Services will be made in accordance with
Section 6.1.
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ARTICLE 1: DEFINITIONS
1.1 ADDITIONAL SERVICES: Those NE Services specified in Section 2.3.
1.2 AS-BUILT DRAWINGS: The As-Built Drawings shall consist of a set of drawings which clearly
indicate all field changes (modifications, additions and deletions) that were made to the Contract
Documents to adapt to field conditions and field changes. Such drawings shall include but not be
limited to all new and existing buried and concealed installation of piping, conduit and utility
services identified and/or field-surveyed in the course of design through construction. All buried
and concealed items both inside and outside the facility shall be accurately located on the As-Built
Drawings as to depth, size and material and in relationship to not less than two permanent
features such as interior or exterior wall faces. The As-Built Drawings shall be clean and all
changes, corrections, and dimensions shall be indicated in a neat and legible manner and fully
comply with the format guidelines prescribed in attached Exhibit 'C. One (1) hard-copy set of the
As-Built Drawings shall be submitted to the Owner with submittal of the Record Drawings. See
Section 1.26 below for "Record Drawings", which are a different set of drawings.
1.3 AUTHORITY HAVING JURISDICTION: The Maricopa County Planning and Development
Department, the State Fire Marshal, the State Elevator Inspector and any Arizona municipal
corporation within which the Project is situated.
1.4 AUTHORIZATION TO PROCEED: A document issued by the Director or Director's designee to
DP authorizing the performance of specific professional services, and stating the time for
completion and the amount of fee authorized for such services.
1.5 BASIC SERVICES: Those NE Services defined in Section 2.2.
1.6 CHECK SET: A set of drawings that have been checked for errors and discrepancies between the
design disciplines.
1.7 CONSTRUCTION DOCUMENTS: The documents prepared by DP and their Subconsultants and
referred to in Section 2.2 of this Agreement to be used for permitting and construction of the
Project.
1.8 CONSTRUCTION MANAGER AT RISK ("CMR"): A consultant selected pursuant to a Request for
Qualifications that shall contract with Owner in two (2) phases: initially as a consultant to Owner
during the design phase, and then serving the function of the Contract Manager during
construction if a Contract is executed.
1.9 CONSTRUCTION MANAGEMENT AT RISK: A process that allows an Owner to select a CMR
based on qualifications; make the CMR a member of a collaborative project team; centralize
responsibility for construction under a single contract; obtain a bonded guaranteed maximum
price; produce a more manageable, predictable project; save time and money; and reduce risk for
the client, Owner, DP and the CMR.
1.10 CONSTRUCTION PROJECT MANAGER: An employee of Owner or agent of the Owner assigned
by the Director to monitor the construction and design services to be performed under this
Agreement and the construction of the Project as a direct representative of Owner. The Director
reserves the right, not to assign a Construction Project Manager to the project. In such case the
Owner's Project Manager will assume all Owner responsibilities for the project.
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1.11 CONTRACT DOCUMENTS: This Agreement, the CMR Proposal, the Design Proposal by CMR,
the Construction Contract for this Project (with its attachments), the Drawings and Project
Specifications and Construction Documents and exhibits and documents related thereto or
contemplated thereby, as well as all Addenda, Amendments and Change Orders related to each
with respect to the Project and all changes to said documents issued by Owner after execution of
this Agreement.
1.12 CONTRACT TIME: The time between the date when the Notice to Proceed is issued to the CMR
and Final Completion of the Work.
1.13 COUNTY MANAGER: The chief executive officer of Owner.
1.14 DAY: Shall mean a calendar day.
1.15 DEFERRED SUBMITTALS: Design deferred to the Contractor by the DP for completion of the
design due to the complexity and associated Code impacts. Typical Deferred Submittals may
include Curtain Wall Systems, Stairs, Precast, Fire Alarm, and Fire Protection System. DP shall
provide a list of recommended Deferred Submittals to the Owner for approval prior to presenting
their proposal for design services under this contract.
1.16 DESIGN DEVELOPMENT DOCUMENTS: The drawings, outline specifications and other
documents to delineate and describe the size and character of the entire Project as to
architectural, civil, structural, mechanical, plumbing, fire alarm, and electrical systems,
landscaping, construction and finish materials and other items incidental thereto, and as required
by the Project Manager.
1.17 DESIGN PROFESSIONAL ("DP"): The individual, partnership, LLC, professional association,
corporation, association, joint venture, or any combination thereof, of properly registered
professional architects and/or engineers, that has entered into the Agreement to provide
professional services to Owner. DP is the prime Project professional as defined in the Rules
issued by the Arizona Board of Technical Registration.
1.18 DIRECTOR OF THE FACILITIES MANAGEMENT DEPARTMENT OR DIRECTOR: The Director
of Facilities Management Department of the County of Maricopa, Arizona, having the authority and
responsibility for management of the specific project(s) to be carried out under this Agreement.
From time to time the Director may act through a Director's designee.
1.19 FINAL CONSTRUCTION DOCUMENTS: A complete and accurate set of drawings and
specifications advancing the content of Design Development documents so as to allow the
permitting and construction of the Project.
1.20 INSPECTOR: An employee or consultant assigned by the Project Manager or Construction Project
Manager to make observations of Work performed by the CMR.
1.21 MAXIMUM COST LIMIT: The maximum amount budgeted by Maricopa for the total cost of the
construction of the Work on the Project.
1.22 OWNER: The Owner is Maricopa County Facilities Management Department (FMD), the public
body which is a party hereto and the entity for which this contract is to be performed. In all
respects hereunder, Owner's performance is pursuant to Owner's position as Owner of the
Project. In the event Owner exercises its regulatory authority as a governmental body, the exercise
of such regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to Owner's authority as a governmental
body and shall not be attributable in any manner to Owner as a party to this contract.
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1.23 PAYMENT APPLICATION: The certified form submitted by the CMR requesting payment for
construction work to be reviewed by DP and approved by the Construction Project Manager.
1.24 PROJECT: The scope of construction, alteration, or repair and all services and incidents thereto of
a County of Maricopa, Arizona facility as approved by Owner.
1.25 PROJECT DEVELOPMENT SCHEDULE: A written document providing the proposed completion
date of each Phase of the Project through design, selection of CMR, construction and proposed
date of occupancy by Owner.
1.26 PROJECT MANAGER: An employee of Owner or agent of the Owner assigned by the Director to
monitor the services to be performed under this Agreement and the construction of the Project as
a direct representative of Owner.
1.27 RECORD DRAWINGS: Record Drawings are the official record drawings that document what was
constructed. The DP shall prepare Record Drawings from the As-Built documents for the Project.
The DP shall provide to Owner one (1) set of Record Drawings as a printed, hard-copy full-sized
set with one (1) corresponding set of digital media containing the complete Construction Drawings
for the Project in AutoCAD, complying with the guidelines prescribed in attached Exhibit 'C'. The
resulting image produced on the viewing screen shall include all of the kinds of information that is
visible on full-sized originals approved for permit and issued for construction. These provisions
apply to all projects conducted at Maricopa County. All electronic media with As-Built or Record
Drawings MUST be in AutoCAD or BIM format (consistent with guidelines in attached Exhibit C)
with a matching PDF.
1.28 SCHEMATIC DESIGN DOCUMENTS: The drawings and other documents illustrating the scale
and relationship of the Project components including the selection of materials, systems, and
equipment, as well as initial program drawings and documents that establish and describe the size
and character of the Project as to architectural, structural, mechanical, electrical, plumbing, fire
alarm, and fire protection systems, materials and additional engineering services as deemed
necessary by the Owner and DP to produce a complete and accurate set of drawings and
specifications for the permitting and construction of the Project.
1.29 SCHEMATIC DESIGN STUDIES: Site and floor plans, elevations, sections, and other items as
required by the Project Manager and shall show the scale and relationship of the parts and the
design concept of the whole.
1.30 STATEMENT OF PROBABLE CONSTRUCTION COST: A summary of the estimated cost of the
building(s) including wastewater, storm water, drainage, parking, lighting and landscaping with
fixed equipment, construction contingency allowance, escalation factors adjusted to the estimated
bid date, movable equipment (if any), contingencies (if any), utility service extensions (if
applicable), and a funding allocation evaluation comprised of a brief description of the basis for
estimated costs (similar projects) with square foot costs adjusted to bid date, and a preliminary
evaluation of the Project and the allocated construction funds in terms of each other.
1.31 SUBSTANTIAL COMPLETION: That date on which, as certified in writing by DP, the Work, or a
portion thereof designated by the Construction Project Manager is at a level of completion in
substantial compliance with the Contract Documents and has satisfied all requirements in the
Project Specifications and other Contract Documents such that all conditions of permits and
authorized authorities having jurisdiction have been satisfied and Owner or Owner's designee can
enjoy beneficial use and occupy and can use or operate in all respects for its intended purposes.
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1.32 SUBCONSULTANT: A person or organization of properly registered professional architects and/or
engineers, who has entered into an agreement with DP to furnish professional services for a
project or task, described under Basic Services or a task described under Additional Services or
Reimbursable Costs.
1.33 WORK: The entire construction or various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing
labor and furnishing incorporating materials and equipment into the construction, all as required by
the Contract Documents.
ARTICLE 2: DP SERVICES AND RESPONSIBILITIES
2.1 SUSTAINABILITY:
2.1.1 The Project shall comply with designated Maricopa County goals for sustainability. The
project shall incorporate 'green" building practices to achieve the highest efficiency
standards reasonable to reduce operating costs via energy savings; improve worker
productivity; and reduce potential liability resulting from indoor air quality problems.
2.2 BASIC SERVICES:
DP agrees to provide complete professional NE Services set forth in the five (5) phases of design
process enumerated below, including Code-compliant architectural, civil, structural, mechanical,
electrical engineering, plumbing, fire protection systems, landscape design and other engineering
services normally required for a project of this specific type, hereinafter collectively called "Basic
Services," as follows:
Proarammina and Schematic Desiar
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identification of any special requirements affecting the Project, a Project
information to the end user or stakeholders.
2.1.2.2.1 Schematic Design Documents shall consist of but not be limited to
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all Building Codes and applicable laws to determine compliance,
Manager and shall show the scale and relationship of the parts and
the design concept of the whole.
bidding, selection of CMR, construction, and proposed date of
occupancy by Owner.
of Probable Con
factors adjusted to estimated bid -.date, movable equipment (if any),
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the Director or Director's designee.
2.1.3 Phase II - Selection and Award of Construction Management @ Risk Contractor:
2.1.3.1 Solicitation of CMR: Upon completion of Phase I of the design process, or at
such other time as Owner may elect, DP shall participate in the evaluation,
negotiation and selection of one qualified construction management firms to
serve as the CMR.
2.1.3.2 Issuance of RFQ, Addenda, Proposal Opening and Selection:
2.1.3.2.1 At the direction of the Project Manager, DP shall assist in the review
the RFQ for CMR Services.
2.1.3.2.2 DP shall prepare addenda, if any are required, for Owner to issue to
all prospective firms intending to respond to the RFQ. No addendum
shall be issued without the prior written approval of the Project
Manager.
2.1.3.2.3 At the request of the Project Manager, DP shall participate in any
selection committee meetings and meet with Owner's staff and
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Project Manager to assist in evaluating Responses to the RFQ and
qualifications.
2.1.3.2.4 At the direction of the Project Manager, DP shall attend all
presentations by or interviews with CMR candidates.
241 Phase III Design Development:
2.1.41 Working from the previously approved Schematic Design Dosume eith
to delineate and doscribc the size and character of the entire Project including
reviews, value engineering proposals, costs and estimates. DP shall be required
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by DP shall attend this presentation to explain the design concept of their
in the recommendation at no cost to Owner.
manner so as to not delay Project progress.
2.1.5 Phase IV - Construction Documents Development:
Working from the approved Design Development Documents and in accordance with
Owner's Format, DP with assistance from the CMR shall prepare for approval by Owner
Construction Documents, setting forth in detail all requirements necessary for the
permitting, bidding and construction of the Project. DP shall fully involve the CMR during
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this design phase to perform as needed or authorized, ongoing bidding and
constructability reviews, value engineering proposals, an estimate of final cost and a,
preliminary baseline construction schedule. DP is responsible for full compliance of the
design and the Construction Documents with all applicable codes of building officials or
entities having jurisdiction and shall opine to Owner that the Project can be constructed
within the Maximum Cost Limit set by Owner. Since all Final Construction Documents
must be permit-ready, these Construction Documents must be reviewed by the CMR and
confirmed by its written concurrence that the Project can be constructed within the
Maximum Cost Limit set by Owner for the Construction Cost. .
2.1.5.1 90% Construction Documents Submittal:
DP shall make a 90% Construction Documents check set submittal to the CMR
for constructability review. Upon approval of CMR, the 90% Construction
Documents with CMR review comments incorporated shall be submitted to
Owner by DP for approval by Owner, which submission shall include:
2.1.5.1.1 Four (4) hard copies and one (1) electronic media set of all drawings
(AutoCAD complying with guidelines prescribed in Exhibit 'C with
matching PDF) and specifications (complying with designated
products / materials / systems prescribed by the Owner).
2.1.5.1.2 A complete index of every drawing sheet, to become part of the
Construction Documents, including DP's evaluation of the individual
percentage completion of each sheet at this stage.
2.1.5.1.3 DP shall, in the preparation of the Project Specifications, use the
most recent edition of CSI Standards promulgated by the
Construction Specifications Institute and these technical
specifications shall not be merely outline specifications as were
submitted during the Design Development Phase. Specification
content shall be coordinated in conjunction with prescribed products /
materials / systems of the Owner, as identified during Design
Development.
2.1.5.1.4 An updated Statement of Probable Construction Cost as determined
by DP and CMR as indicated by time factor, changes in
requirements, or general market conditions, and an updated Project
Development Schedule.
2.1.5.1.5 An Authorization to Proceed with the completion of Phase IV will not
be issued by the Director or Director's designee if the latest
Statement of Probable Construction Cost exceeds the Maximum
Cost Limit, unless Owner increases the Maximum Cost Limit or DP,
the CMR and Owner mutually agree on methods of cost reduction
sufficient to enable construction of the Project within the funds
available.
2.1.5.2 DP shall not proceed with further design until approval from the Director or
Director's designee is received on the 90% Construction Documents check set
and a Statement of Probable Cost. DP, with input from the CMR, shall make all
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needed changes to the documents and resolve all questions indicated on the
documents. The 90% complete Check Set shall be returned to Owner.
2.1.5.3 At 90% completion of the Construction Document phase, DP shall deliver four
(4) hard copies, one (1) electronic media set (AutoCAD complying with
guidelines prescribed in Exhibit 'C', with matching PDF) on disk of the
Construction Documents and complete set of Project Specifications and other
required documents intended for permitting and construction to Owner for
distribution to Building Officials or entities for review and approval. Owner will
provide final review comments to DP. Owner and the Project Manager will
define 90% completion for DP. The Director or the Director's designee may
require that DP furnish a detailed estimate of the cost of construction at this
point in the process as a reimbursable expense. DP shall not proceed to the
100% Construction Document Phase until authorized in writing by Owner to do
SO.
2.1.5.4 100% Construction Documents Submittal:
2.1.5.4.1 Upon 100% completion of the Construction Documents, DP shall submit
to Owner and the CMR each four (4) hard copies, one (1) electronic
media set (AutoCAD complying with guidelines prescribed in Exhibit 'C'
with matching PDF) on disk of Check Sets of the drawings,
specifications, reports, programs, etc., together with a final, updated
Statement of Probable Construction Cost developed with assistance
from the CMR or, when specifically authorized by Director as a
reimbursable expense, a Detailed Estimate of Cost All
recommendations of Owner and CMR from this review shall be
incorporated by DP into the Construction Documents prior to submission
of the 100% Construction Documents. The Construction Documents
100% submittal shall consist of six (6) full size sets of drawings; three (3)
11"xl 7" size sets of drawings and six (6) sets of Project Specifications
for Owner to review together with one (1) electronic BIM model on disk.
These sets with resolution of comments from this review incorporated
into the documents shall establish completion of the 100% Construction
Documents. Once approved by Owner, the 100% Construction
Documents shall become the Approved 100% Construction Documents
and shall not be altered, modified, or revised without Owner's prior
written consent. Prior to Owner's approval of the 100% Construction
Documents, DP shall obtain written concurrence from the CMR that the
approved 100% Construction Documents can be constructed and
completed within the Maximum Cost Limit Any subsequent material
design modifications to the approved 100% Construction Documents
requested by Owner shall be an additional cost to Owner.
2.1.5.4.2 DP shall make all required changes or additions and resolve all
questions from the CMR, the Project Manager, the Construction Project
Manager and the Director on the documents. The 100% complete Check
Set shall be returned to Owner. Upon final approval by Owner, DP shall
furnish one copy of the Drawings and Project Specifications, along with
an electronic copy to Owner and CMR without additional charge Owner.
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2.1.5.4.3 DP shall be responsible for preparing and filing the documents required
for approval by governmental authorities having jurisdiction over the
Project and in obtaining certifications of "permit approval" by such
reviewing authorities prior to printing of the Bid Documents. DP shall
make the original documents available to Owner for reproduction of
additional copies as may be required for bid solicitation and/or
construction purposes.
2.1.5.4.4 DP expressly warrants that the Drawings and Project Specifications and
Construction Documents for the Project have been prepared by DP and
the Subconsultants by exercising their professional skills with care and
diligence and in a reasonable non-negligent manner consistent with the
standard of care of like professionals in Maricopa County, Arizona.
2.1.5.4.5 DP shall be responsible for the cost of any additional design, studies and
reports, field layout testing, construction and administration and
supervision necessary to correct errors or omissions caused by or
attributable to DP and for any costs, loss or damages incurred by Owner
as a result of any additional design or construction costs caused by such
DP errors or omissions that fail outside the applicable standard of care.
2.1.5.4.6 DP agrees it shall be held responsible for the cost of remedial or
corrective actions required as a result of errors and omissions that do
not comply with the standard of care.
2.1.5.5 CMR Contract:
2.1.5.5.1 During the timeframe of Owner's Agreement with the CMR for Pre-
Construction Services, DP shall, as requested by the Project Manager
or Construction Project Manager, provide assistance to Owner in
connection with Owner's acceptance of CMR's Guaranteed Maximum
Price ("GMP") proposal, including but not limited to determining and
memorializing the criteria and factors on which the GMP proposal is
based;
2.1.5.5.2 In the event Owner does not accept the CMR's last proposal of a GMP,
after value engineering and other steps to arrive at a GMP have been
taken, Owner may, in accordance with A.R.S. § 34-104(E), direct DP at
no added cost to Owner to revise the Project scope or quality or both
as approved by Owner, and then assist Owner in soliciting bids from
qualified, licensed general contractors in accordance with A.R.S. § 34-
201 in its then existing statutory form.
2.1.5.5.3 During the timeframe of Owner's agreement with CMR for Construction
Phase Services, DP acknowledges its responsibility and duties called
out and set forth in Owner's agreement with CMR (incorporated herein
by this reference) in addition to the responsibilities set forth herein.
2.1.6 Phase V - Observation and Administration of the Construction Contract:
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2.1.6.1 The Construction Phase of the Project will commence with the award of the
Construction Contract and will end when final payment is made by Owner. During
this period, DP shall observe and provide administration of the Construction
Contract as set forth in the Construction Contract entered and other Contract
Documents and as provided herein.
2.1.6.2 During the Construction Phase, DP shall advise and consult with Owner and shall
have authority to act on behalf of Owner only as set forth herein and to the extent
provided in the Construction Contract between Owner and CMR, incorporated by
this reference.
2.1.6.3 DP shall visit the site at least weekly and at such times as requested by the
Project Manager, and at all key construction events. DP's Subconsultants shall
visit the site weekly, to ascertain the progress of the Project and to determine in
general if the Work is proceeding in accordance with the Contract Documents. On
the basis of on-site observations, DP shall endeavor to guard Owner against
defects and deficiencies in the Work. DP shall notify Owner of any non-compliant
work discovered during the site visits. DP will not be required to make extensive
inspections or provide continuous daily on-site inspections to check the quality or
quantity of the Work unless otherwise set forth in this Agreement.
DP is not responsible for the CMR's construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection
with the performance of the Work, nor will DP be held responsible for the CMR's
or Subcontractors', or any of their agents' or employees', failure to perform the
Work in compliance with the Contract Documents.
2.1.6.4 DP shall furnish Owner with a written report of all observations of the Work
made by DP during each visit made to the Project. DP shall keep a log of all
non-compliant work and shall keep track of all such issues to resolution. DP
shall also state in the log the final resolution action and the date correction was
made. DP shall also note the general status and progress of the Work, and
submit same in a timely manner or more often if requested by the Construction
Project Manager. DP shall ascertain that the CMR is making timely, accurate,
and complete notations on its As-Built Drawings as the Work proceeds by
reviewing the CMR As-Built Drawings on a monthly basis and providing written
confirmation to the Owner.
2.1.6.5 Based on observations at the site and consultation with the Construction Project
Manager, DP shall assist in determining the amount due the CMR in progress
payments and shall recommend approval or disapproval of amounts applied for
by executing AlA Form G702. This recommendation shall constitute a
representation by DP to Owner that, to the best of DP's knowledge, information
and belief, the Work has progressed to the point indicated in the pay application
and the quality and quantity of the Work is in compliance with the Contract
Documents subject to:
2.1.6.5.1 an evaluation of the Work for compliance with the Contract
Documents upon Substantial Completion,
2.1.6.5.2 the results of any subsequent tests required by the Contract
Documents,
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2.1.6.5.3 minor deviations from the Contract Documents correctable prior to
Project completion, and
2.1.6.5.4 any specific qualifications stated in the Payment Application.
2.1.6.6 If Owner elects to withhold, in whole or in part, any progress payment to CMR,
DP may be required to assist Owner in preparation of specific written findings
about the deficiency in the Work and in calculating the reasonable cost
necessary to correct the deficient work and complete same.
2.1.6.7 DP shall be the initial interpreter of the requirements of the Contract Documents
and the initial judge of performance thereunder. DP shall render written
interpretations necessary for the proper execution or progress of the Work with
reasonable promptness on written request of either Owner or the CMR. If
revisions to the Drawings and/or Project Specifications become necessary, DP
shall make a written proposal as to the cost unless the need for revision is
attributable to DP.
2.1.6.8 DP shall render written recommendations, within a reasonable time, on all
claims, disputes or other matters in question between Owner and the CMR
relating to the execution or progress of the Work or the interpretation of the
Contract Documents. The Director or Director's designee shall make final
decisions regarding interpretations or disputes related to or arising therefrom.
2.1.6.9 Such interpretations and recommendations of DP shall be consistent with the
intent of and reasonably inferable from, the Contract Documents and shall be in
written form with graphic supplementation if helpful. in the capacity of
interpreter, DP shall endeavor to secure faithful performance of the Contract by
both Owner and the CMR, and shall not show partiality to either.
2.1.6.10 DP shall have authority to recommend rejection of Work which does not
conform to the Contract Documents. Whenever, in DP's reasonable opinion, it is
necessary or advisable to insure compliance of the work with the Contract
Documents, DP will recommend special inspection or testing of any Work
deemed to be not in compliance with the Contract Documents, whether or not
such Work has been fabricated and delivered to the Project, or installed and
completed but such inspection or testing may only be authorized by Owner. DP
shall provide such normal mechanical, plumbing, electrical, structural,
landscape or other related inspection expertise and services as is necessary
from time to time to determine compliance with the Construction Contract.
2.1.6.11 DP shall review and return all submittals, shop drawings, samples, deferred
submittals and other submissions of the CMR for conformance with the design
concept of the Project and for compliance with the Contract Documents within
fourteen (14) days from receipt.
2.1.6.12 DP shall respond to all Requests for Information or Clarification from the CMR
or Owner within seven (7) days from receipt and shall do so with graphic
supplementation when requested. All reviews are to be conducted in a timely
manner so as to not delay progress of the construction. Changes to or
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substitution of Construction Documents shall not be authorized without the
written concurrence of Owner.
2.1.6.13 DP shall issue a Proposal Request (PR) and a Potential Change Order (PCO)
for each revision to the contract but only after consulting with and with the
agreement of the Construction Project Manager. The DP shall review and make
recommendations to the Construction Project Manager on all Change Order
Requests submitted by the CMR prior to responding to the CMR. DP shall
review and negotiate all Change Order Requests submitted by the CMR and
recommend acceptable changes to the Construction Project Manager for final
approval. Upon approval by the Construction Project Manager the DP shall
issue a Change Order for the required approvals. DP shall review all Contractor
requests for time extensions and make recommendations to the Construction
Manager before responding to the Contractor. DP may issue supplemental
instruction or interpretation of the Contract Documents or order minor changes
in the Work so long as they involve no change in Contract Time or Contract
Price.
2.1.6.14 Upon receipt of CMR's request for Substantial Completion with CMR's Punch
List attached, DP shall, prior to occupancy by Owner, confirm and recommend
to the Owner that the project is substantially complete in accordance with the
Contract requirements. Upon Owner written concurrence, DP shall develop a
complete, final punch list of any remaining defects and discrepancies in the
Work. The punch list shall be created with the Owner's involvement and include
Owner's comments. The complete punch list shall be attached to the DP
Certificate of Substantial Completion. DP shall be responsible for all punch list
back-checks and confirmation of full and satisfactory performance before DP
recommends to the Owner that a Final Acceptance Final Payment be made to
the CMR.
2.1.6.15 For Substantial Completion, DP shall obtain from the CMR all guarantees,
Operation and Maintenance manuals for equipment, releases of claims and
such other documents and certificates as may be required by applicable codes,
laws, Project Specifications and the Owner, review them for compliance with
Contract requirements, and deliver them to Owner if in compliance.
2.1.6.16 DP shall provide assistance in obtaining the CMR's compliance with the
Contract Documents relative to 1) initial instruction of Owner's personnel in the
operation and maintenance of any equipment or system, 2) initial start-up and
testing, adjusting and balancing of equipment and systems, and 4) final clean-
up of the Project.
2.1.6.17 During all Phases of the Project, DP shall notify Owner in writing of all conflicts
between the Plans and Specifications and/or Contract Documents and any laws,
codes, ordinances, rules, regulations and restrictions that come to the attention
of DP or should have reasonably come to DP's attention with the exercise of
due care.
2.1.6.18 DP shall prepare and submit to Owner weekly and/or monthly reports, as
required by the Construction Project Manager, throughout the Construction
Phase of the Project. The reports shall provide the current status of activities of
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DP, CMR, subcontractors, Consultants, Subconsultants, and others whose
activities affect the Project. The reports shall also include a copy of the log on all
non-compliant work and all resolution information.
2.1.6.19 For both Basic and Additional Services, DP shall prepare Record Drawings and
provide to Owner one (1) printed hard-copy full-size set of Record Drawings,
signed and sealed by the DP and the Subconsultants for their respective
disciplines, with one (1) corresponding set of digital media containing the
complete drawings for the Project in AutoCAD and in matching PDF. The image
on screen shall include all title blocks, borders, details, and all notes that are
visible on the full-sized originals. Each sheet provided shall indicate it is a
Record Drawing. DP shall also prepare a simplified version of all approved
Egress Plans in the Drawings used in the permit approval process and provide
such to Owner upon request for purposes of installation of evacuation / exiting
diagrams in the completed Project. DP acknowledges that the quantity thereof
and extent of depicted information may be determined by the Authority Having
Jurisdiction over the Project.
2.1.6.20 In connection with Final Acceptance and final payment, DP shall inspect the
Work and determine:
2.1.6.20.1 Whether the CMR has satisfactorily completed or corrected all items
on the punch list attached to the Request for Substantial Completion;
2.1.6.20.2 Whether the work complies with i) the Contract Documents, and ii) all
applicable laws, building codes or authorities having jurisdiction;
2.1.6.20.3 Whether required inspections by building officials have been
completed; and
2.1.6.20.4 In consultation with Owner, whether the Work is finally complete.
If the Work is not finally complete, the process as set forth above
shall be repeated until such time as the Work is finally completed in
compliance with the Contract Documents. DP shall also incorporate
As-Built Drawings as defined in Article 1, above, into the Record
Drawings prior to Final Acceptance.
2.1.6.21 DP shall assist Owner in conducting a post-construction inspection at least thirty
(30) days prior to the expiration of the two-year post-construction warranty
period to identify deficiencies and warranty-related problems. DP shall note,
prepare and submit to Owner a written report on all faults, deficiencies or
warranty problems observed.
2.1.7 Maximum Cost Limit:
If at any time during Phases I through V of the Basic Services (or during any Additional
Services) the latest Statement of Probable Construction Cost submitted by DP exceeds
Owner's Maximum Cost Limit, DP shall, with the CMR's assistance, at no additional cost
to Owner, revise the Design Documents to bring the Project costs within the Maximum
Cost Limit. Such revised Design Documents must be completed by DP within the time
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period designated in writing by the Construction Project Manager. The Maximum Cost
Limit for the Work is not to be changed unless amended by Maricopa County.
2.2 ADDITIONAL SERVICES:
2.2.1 The Additional Services listed below are beyond the scope of the Basic Services as same
are defined in this Agreement, and if authorized in advance by an appropriate written
directive from the Director or Director's designee, will be compensated for by lump sum
agreed to by Owner under Section 6.2.
2.2.1.1 Special analyses of Owner's needs, and special detailed programming
requirements for the Project authorized by Director or Director's designee.
2.2.1.2 Financial feasibility, life cycle costing or other special studies.
2.2.1.3 If not provided for in Basic Services or Owner's own program, planning surveys,
site evaluations, or comparative studies of prospective sites as authorized by
Director or Director's designee.
2.2.1.4 Design services relative to future facilities, systems and equipment which are
not intended to be constructed as part of the Project
2.2.1.5 Providing services to investigate existing conditions of facilities or to make
measured drawings thereof, after DP has expended an amount of time deemed
to be the normal requirement for renovation and alteration projects.
2.2.1.6 Detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material, equipment and labor required for the Project.
2.2.1.7 Excluding all equipment, materials, supplies and related items included in the
Construction Contract, design services required for or in connection with the
selection of furniture or furnishings or fixtures.
2.2.1.8 Investigation and making detailed appraisals and valuations of existing facilities,
and surveys or inventories in connection with construction performed by Owner.
2.2.1.9 Any additional special professional services (other than the customary
architectural, civil, structural, geo-technical, mechanical, plumbing, fire alarm,
fire protection, security and electrical engineering and landscape design
services) as may be required for the Project, including but not limited to:
acoustical, food service, theatrical, electronic, telephone/data, artists, and
sculptors.
2.2.1.10 The services of one or more full-time Project Field Representatives during
construction as deemed appropriate and as approved and authorized, in
advance by the Project Manager or Construction Project Manager.
2.2.1.11 Extended assistance beyond that provided under Basic Services for the initial
start-up, testing, adjusting and balancing of any equipment or system; extended
training of Owner's personnel in operation and maintenance of equipment and
systems, and consultation during such training; and preparation of operating
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and maintenance manuals, other than those provided by the CMR,
subcontractor, or equipment manufacturer.
2.2.1.12 NE Services concerning replacement of any Work damaged or built in non-
compliance with the Contract Documents, providing the cause for such non-
compliance is determined by Owner to be other than by fault of DP or beyond
control of DP.
2.2.1.13 Making major revisions changing the scope of the Project, to Drawings and
Project Specifications, when such revisions are inconsistent with written
approvals or instructions previously given by Owner and are due to causes
beyond the control of DP. (Major revisions are defined as those changing the
scope and arrangement of spaces and/or scheme and/or any significant portion
thereof.)
2.2.1.14 Preparing to serve or serving as an expert witness in connection with any public
hearing, arbitration or legal proceeding, providing, however, that DP cannot
testify or give evidence against Owner in any matters during the course of
providing services under this Agreement.
2.2.1.15 Providing services after Final Completion and final payment has been made to
the CMR, other than those called for in this Agreement.
2.2.1.16 Additional Observation and Administration, in the event the time period of
Observation of DP under Basic Services exceeds the Contract Time for the
Work by more than 15%, and only if the delay in completion of the Work is in the
opinion of Owner beyond the control of DP and the Additional Observations and
Administration is approved by the Construction Project Manager.
2.2.1.17 Renderings, sketches, models or photographs to further convey the proposed
design concept to the Owner.
2.2.1.18 Any other services not otherwise included in this Agreement
2.2.2 Failure to timely perform any part of requested Additional Services identified in this
Agreement shall be a breach of the Agreement and Owner may, in its sole discretion,
without liability, contract with others to perform those services and the cost for these
services and others incurred by Owner shall be borne by DP.
2.2.3 DP shall not perform any services not covered by this Agreement and any such services
performed by DP without prior written authorization shall be at DP's own risk and cost.
DP hereby agrees that in the absence of prior written authorization, DP's work will be at
its own risk, cost, and expense and DP agrees that without such prior written
authorization, DP will make no claim for compensation for unauthorized services.
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2.3 REIMBURSABLE COSTS:
Reimbursable Costs are those items that are authorized by Owner in writing for payment in addition
to the Basic and Additional Services and consist of actual expenditures (as verified by invoices)
made by DP and its Subconsultants in the interest of the progress of Work and in accordance with
the County's Contractor Travel Policy (MM0030) for the following purposes:
2.3.1 Identifiable transportation expenses in connection with the Project to locations outside the
Maricopa County area or from locations outside the Maricopa County area will not be
reimbursed unless specifically pre-authorized in writing by the Project Manager or
Construction Project Manager.
2.3.2 Meals and lodging expenses will not be reimbursed for temporarily relocating DP's
employees from one of DP's offices to another office if the employee is relocated for
more than ten (10) consecutive working days. Lodging will be reimbursed only for room
rates equivalent to Federal governmental lodging.
2.3.3 Identifiable communication expenses approved by the Project Manager or Construction
Project Manager, long distance telephone, courier and express mail between DP's
various permanent offices. DP's field office at the Project is not considered a permanent
office.
2.3.4 Cost of printing, reproduction or photography which is required by or of DP to deliver
services set forth in this Agreement.
2.3.5 Identifiable testing costs approved by Project Manager or Construction Project Manager.
2.3.6 All Permit fees paid to regulatory agencies for approvals directly attributable to the Project.
2.3.7 Reimbursable Subconsultant expenses are limited to the items described above and on
the same basis.
2.3.8 All Reimbursable Costs will be approved by Owner only pursuant to verified invoices,
receipts or other acceptable proof of expenditure provided by DP.
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ARTICLE 3: SUBCONSULTANTS
3.1 REGISTRATION OF SUBCONSULTANTS:
All contracts entered into by DP with Subconsultants or Special Subconsultants engaged to
provide professional services on the Project must be with registrants with the Arizona Board of
Technical Registration. All such contracts with Subconsultants must incorporate all terms and
provisions of this Agreement (including those re: Alternative Dispute Resolution) as they relate to
the duties and responsibilities of DP on the Project
3.2 SUBCONSULTANTS' RELATIONSHIP:
3.2.1 All services provided by the Subconsultants shall be pursuant to appropriate written
agreements between DP and the Subconsultants, which shall contain provisions that
preserve and protect the rights of Owner and DP under this Agreement.
3.2.2 Nothing contained in this Agreement shall create any contractual or business relationship
between Owner and the Subconsultants. DP acknowledges the Subconsultants are to
perform those professional services under the direction, control and supervision of DP as
the prime Project professional.
3.2.3 DP proposes to utilize the following Subconsultants:
FIRM NAME CONSULTING SERVICE
Arrington Watkins Architects Architectural
Caruso Turley Scott Structural Engineers
Speedie & Associates Materials Testing
3.2.4 DP shall not change or replace any Subconsultant without first obtaining prior written
approval from the Director or Director's designee in response to a written request stating
the reasons for any proposed substitution. Such approval shall not be unreasonably
delayed by the Director or Director's designee and, if the request is denied, an
explanation will be provided.
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Facilities Management Department
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ARTICLE 4: OWNER'S RESPONSIBILITIES
4.1 INFORMATION FURNISHED:
Owner, at its expense and insofar as performance under this Agreement may require, shall furnish
DP with the following information:
4.1.1 Surveys of building sites, giving boundary dimensions, locations of existing structures
and/or trees, the grades and lines of street, pavement, and adjoining properties; the
rights, restrictions, easements, boundaries, and topographic data of a building site, and
such information as it has relative to sewer, water, gas and electrical services.
Information contained in such provided documents will be provided by Owner with no
express guarantee for their accuracy or completeness or lack thereof. DP agrees to field-
verify the accuracy or completeness of any information provided by the Owner as
deemed necessary by the DP to provide Contract Documents meeting expectations set
forth under Articles 2 and 3 herein.
4.1.2 Soil borings or test pits information, mechanical, structural, or other tests when deemed
necessary by Owner.
4.1.3 If available, drawings representing as-built conditions at the time of original construction
will be furnished to DP; however, they are not warranted to represent conditions as of the
date of this Agreement. DP must perform field investigations as deemed necessary by
the DP and Subconsultants in order to obtain sufficient information to perform services
complying with Articles 2 and 3 herein. Investigative services in excess of "Normal
Requirements," under normal industry standards, must be authorized in advance.
ARTICLE 5: PROJECT MANAGEMENT AND REVIEW PROCEDURES
5.1 PROJECT MANAGEMENT:
5.1.1 The Director or Director's designee shall act on behalf of Owner in all matters pertaining
to this Agreement, and with the approval of the County Manager, the Director or
Director's designee shall issue all Authorizations to Proceed to DP. The Director or
Director's designee shall approve all invoices for payment to DP upon recommendation
of the Project Manager or Construction Project Manager.
5.1.2 Maricopa County Facilities Management Department is the Owner. The Director shall
designate a Project Manager and/or a Construction Project Manager to have general
responsibility for management of the Project through all Phases of this Agreement. The
Project Manager and Construction Project Manager shall have authority to issue
Authorizations to Proceed to DP and meet with DP at periodic intervals throughout the
preparation of the Contract Documents to assess the progress of the design and
professional services and the Work in accordance with approved schedules. The Project
Manager and Construction Project Manager shall also examine documents submitted by
DP, including invoices, and shall promptly render decisions and/or recommendations
pertaining thereto, to avoid unreasonable delay in the progress of DP's work.
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5.1.3 If Owner observes or otherwise becomes aware of any faulty or defective work in the
Project, or other nonconformance with the Contract Documents during the Construction
Phase, Owner shall give prompt notice thereof to DP.
5.2 REVIEW PROCEDURES:
The following procedures shall be followed for review of all submittals required by Article 2 of this
Agreement:
5.2.1 DP shall submit programming when called for herein, Schematic Studies and Schematic
Documents, Design Development Documents and Construction Documents for review by
Owner and CMR in accordance with the Project Schedule.
5.2.2 Owner and CMR will be required to provide all review comments to DP within thirty (30)
calendar days from receipt of the submittal.
5.2.3 DP shall respond to and incorporate review comments transmitted by Owner and CMR.
Any budgetary overruns or discrepancies shall be resolved by design and engineering
modifications to match or get below the Maximum Cost Limit.
5.2.4 Unless otherwise agreed to in writing, DP shall respond in writing within seven (7)
calendar days of receipt of the review comments. Owner Project Manager or
Construction Project Manager will log, transmit and facilitate the exchange of review
comments. DP shall also maintain a similar log and make it available to Owner at all
5.2.5 Replies times. to DP Responses: Owner, Project Manager, Construction Project Manager or
CMR will reply within fourteen (14) calendar days to any responses requiring confirmation
and will advise DP if any further reconciliation is required.
5.2.6 Resolution of Differences: Owner, Project Manager or Construction Project will schedule
a meeting between DP, CMR and Owner, to take place within fourteen (14) calendar
days after review comments are issued to DP, in order to resolve all issues between
teams. Owner, Project Manager or Construction Project will arrange additional meetings
or conference calls as necessary, in order to expedite resolution and avoid impact to the
Project Schedule or the Contract Documents.
5.2.7 Punch List and Back-Check Review: Upon notice from the Contractor that the project is
substantially complete, the DP shall develop a punch list with assistance from the
Construction Project Manager, incorporating all comments into one punch list for
issuance with the Certificate of Substantial Completion. The DP will be responsible for all
back-checks to the punch list If any comments remain unsatisfied, additional back-
checks shall be required from DP until all comments have been satisfied. Any costs
associated with DP's preparation of the back-checks shall be DP's responsibility
5.2.8 Resolution of all review comments is requisite for completion of any phase of the Design
Services.
5.2.9 Any failure of Owner to make a decision within the time limits set forth herein shall not be
construed as acquiescence in all or any part of a subsequent DP claim for relief or
remedy.
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ARTICLE 6: BASIS OF COMPENSATION
6.1 FEES FOR PROFESSIONAL SERVICES:
Owner agrees to pay DP, and DP agrees to accept as payment for all of the Basic Services rendered
pursuant to this Agreement, a Lump Sum Not-to-Exceed Fee mutually agreed upon of $726,303.72
or as set forth on Exhibit 'B', DP's Proposal, based upon hourly rates and hours, which shall be
indicated in DP's proposal and in Exhibit A.
6.1.1 Payments to DP on account of the Lump Sum Fee shall be made on the percentage of
the Basic Services completed and approved according to the Phase of the NE services.
6.1.2 The Lump Sum fee shall include all costs associated with performing the Basic Services
including but not limited to attendance at all meetings with Owner staff, Project Manager,
Construction Project Manager, CMR, and Subconsultants necessary to perform all of the
Basic Services, as well as travel, lodging, mileage, long distance communications,
modeling reproductions, postage and handling of Drawings, Specifications and other
documents, data processing, internet services, and photographic production or modeling
techniques.
6.1.3 Owner shall have no obligation or liability to pay any fee, expenditure or cost beyond the
Lump Sum Compensation agreed to.
6.2 ADDITIONAL SERVICES/REIMBURSABLES FEE:
DP may be authorized to perform Additional Services described under Section 2.3 and Reimbursable
Costs described in 2.3. The proposal for such services will be a negotiated Lump Sum Not-to-
Exceed Fee (negotiated by reference to the hourly rates):
6.2.1 Hourly rates shall be as defined pursuant to Exhibit A.
6.2.2 The following principals may be employed on the Project:
Jeff Ruthstrom
Jeff Mostajabi
James Kennelley
6.2.3 Personnel directly engaged on a Project by DP may include architects, engineers,
designers, job captains, draftsmen, specification writers, field accountants and
manufacturer representatives engaged in consultation, research and design, production
of drawings, specifications and related documents construction inspection and other
services pertinent to a project during all phases therein.
6.2.4 Any authorized reimbursable services fee shall not include charges for office rent or
overhead expenses of any kind, including local telephone and utility charges, office and
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drafting supplies, depreciation of equipment, professional dues, internet services,
subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic,
clerical, or other employees time or travel and subsistence not directly related to a
project. For all reimbursable services Owner will pay DP the direct cost of the service
without a multiplier. Authorized reproductions and duplicate BIM models in excess of sets
required at each phase of the work will be a Reimbursable Service.
6.2.5 Owner upon recommendation of the Director or Director's Designee will reimburse DP for
authorized Reimbursable Services as verified by appropriate bills, invoices or statements,
pursuant to Article 7.
6.3 Absent an Amendment to the Agreement, the aggregate total of Reimbursable Costs under
Section 2.3 shall not exceed $726,303.12, without the prior written approval of the Director or
Director's designee. In the event that sum is exceeded, Owner shall have no liability or
responsibility for paying any such excess which will be DP's own cost and expense.
ARTICLE 7: PAYMENTS TO DP
7.1 PAYMENT FOR BASIC SERVICES:
Payments for Basic Services will be made monthly in proportion to the professional services
performed during each Phase of DP Services. Said payments shall, in the aggregate, not exceed
the percentage of the estimated total Basic Compensation indicated below for each Phase.
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• 90% upon 100% completion of Phase IV.
• 90% upon completion of and approval of all professional services including Phase V services.
• 100% upon final acceptance and final payment to Contractor of all Work relating to this
Project subject to audit of all payments to DP by the Director or Director's designee.
• Partial payments, not to exceed 90% in the aggregate, may be made during Phase V,
according to the amount paid on account of the Construction Contract.
7.2 PAYMENT FOR ADDITIONAL/REIMBURSABLE SERVICES:
7.2.1 Payment for Additional Services may be requested monthly in proportion to the services
performed. When such services are authorized as an hourly rate, DP shall submit for
approval by the Director or Director's designee, a duly certified invoice, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel
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directly engaged on a project or task. To the sum thus obtained, any authorized
Reimbursable Services Cost may be added. DP shall attach to the invoice all supporting
data for payments made to the approved Subconsultants engaged on the Project or task.
7.2.2 In addition to the invoice, DP shall, for Hourly Rate authorizations, submit a progress
report giving the percentage of completion of the Project development and the total
estimated fee to completion.
7.3 DEDUCTIONS:
No deductions shall be made from the DP's compensation on account of liquidated damages
assessed against CMR or other sums withheld from payments to CMR.
ARTICLE 8: INDEMNIFICATION AND INSURANCE
8.1 INDEMNIFICATION:
8.1.1 DP's Duty to Indemnify and Defend. To the fullest extent permitted by law, the DP shall
defend, indemnity and hold harmless the Owner, its agents, representatives, officers,
directors, officials, and employees from and against all claims, damages losses, and
expenses, including but not limited to attorney fees, court costs, expert witness fees, and
the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted
from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes
of the DP, its agents, representatives, employees, or Subcontractors relating to the
performance of this Contract. DP's duty to defend, indemnify and hold harmless the
Owner, its agents, representatives, officers, directors, officials, and employees shall arise
in connection with any claim, damage loss or expense that is attributable to bodily injury,
sickness, disease, death or injury to, impairment, or destruction of property, including loss
of use resulting therefrom, caused by the referenced acts, errors, omissions or mistakes
in the performance of this Contract, including those made by any person for whose acts,
errors, omissions or mistakes, the DP may be legally liable.
8.1.2 The amount and type of insurance coverage requirements set forth below will in no way
be construed as limiting the scope of the indemnity
8.2 INSURANCE REQUIREMENTS:
DP, at DP'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 Owner. The format of any
insurance policies and related forms must be acceptable to Owner.
8.2.1 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Agreement is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of Owner,
constitute a material breach of this Agreement.
8.2.2 DP's insurance shall be primary insurance as respects Owner, and any insurance or self-
insurance maintained by Owner shall not contribute to it.
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8.2.3 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect Owner's right to coverage afforded
under the insurance policies.
8.2.4 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to Owner. DP shall be solely responsible for the
deductible and/or self-insured retention and Owner, at its option may require DP to
secure payment of such deductibles or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
8.2.5 Owner reserves the right to request and to receive, within ten (10) working days, certified
copies of any and all of the herein required insurance policies and/or endorsements.
Owner shall not be obligated, however, to review such policies and/or endorsements or to
advise DP of any deficiencies in such policies and endorsements, and such receipt shall
not relieve DP from, or be deemed a waiver of Owner's right to insist on strict fulfillment
of DP's obligations under this Agreement.
8.2.6 The insurance policies required by this Agreement, except Workers' Compensation, and
Errors and Omissions, shall name Owner, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
8.2.7 The policies required hereunder, except Worker's Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
Owner, its agents, representatives, officers, directors, officials and employees for any
claims arising out of DP's work or service.
8.3 REQUIRED COVERAGE:
DP is required to procure and maintain the following coverage's:
8.3.1 Commercial General Liability. Commercial General Liability insurance and, when
necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for
each occurrence, $2,000,000 Personal/Advertising Injury, $4,000,000 Products/
Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy
shall include coverage for bodily injury, broad form property damage, and blanket
contractual coverage, and shall not contain any provision that would serve to limit third
party action over claims. There shall be no endorsement or modification of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or underground
property damage.
8.3.2 Automobile Liability. Commercial/Business Automobile Liability insurance and, if
necessary, Commercial Umbrella insurance with a combined single limit for bodily injury
and property damage of not less than $2,000,000 each occurrence with respect to any of
DP's owned, hired and non-owed vehicles assigned to or used in performance of DP's
work or services under this Agreement.
8.3.3 Worker's Compensation: Workers' Compensation insurance to cover obligations imposed
by federal and state statutes having jurisdiction of DP'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.
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8.3.4 Errors and Omissions (Professional Liability) Insurance. Errors and Omissions
(Professional Liability) insurance and, if necessary, Commercial Umbrella insurance,
which will insure and provide coverage for errors or omissions or professional liability of
DP, with limits of no less than $2,000,000 for each claim.
8.4 COVERAGES:
D. Commercial General Liability $2,000,000 Each Occurrence
$2,000,000 Personal & Advertising injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
D. Automotive Liability $2,000,000 Each Occurrence
• Workers' Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
D- Errors and Omissions $2,000,000 Each Claim
8.5 CERTIFICATES OF INSURANCE:
Prior to commencing work or services under this Agreement, DP shall furnish Owner with
Certificates of Insurance in a form acceptable to Owner, or formal endorsements as required by
the Contract in the form provided by Owner, issued by DP's insurer(s), as evidence that policies
providing the required coverage's, conditions and limits required by this Agreement are in full
force and effect. Such certificates shall identify this contract number and title.
8.5.1 In the event any insurance policy(ies) required by this contract is(are) written on a 'claims
made" basis, coverage shall extend for two years past completion and acceptance of
DP's work or services and as evidenced by annual Certificates of Insurance.
8.5.2 If a policy does expire during the life of the Agreement, a renewal certificate must be sent
to Owner within fifteen (15) calendar days prior to the expiration date.
8.6 CANCELLATION AND EXPIRATION NOTICES:
Insurance required herein shall not expire, be cancelled, or materially changed without thirty (30)
calendar day's prior written notice to Owner.
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ARTICLE 9: PERFORMANCE
9.1 PERFORMANCE AND DELEGATION:
9.1.1 DP services to be performed hereunder shall be performed by DP's own staff, unless
otherwise approved in writing by Owner. Said approval shall not be construed as
constituting an agreement between Owner and said other person or firm. DP's services
shall be performed in all respects in a manner consistent with that degree of skill and
care ordinarily exercised by practicing design professionals performing such services in
Maricopa County under the same or similar circumstances and conditions and in a
reasonable and non-negligent way.
9.1.2 DP agrees, within fourteen (14) calendar days of receipt of a written request from Owner,
to promptly remove and replace any personnel employed or retained by DP, any
Subconsultants or subcontractors or any personnel of any such Subconsultants or
subcontractors engaged by DP, to provide and perform services or work pursuant to the
requirements of this Agreement, whom Owner shall request in writing to be removed,
which request may be made by Owner with or without cause.
9.2 TIME FOR PERFORMANCE:
9.2.1 DP agrees to start all work hereunder upon receipt of an Authorization to Proceed issued
by the Director or Director's designee and to complete each Phase within the time
stipulated in the Authorization to Proceed. Time is of the essence with respect to
Performance of this Agreement.
9.2.2 The Project schedule establishes the critical time limit of DP's services. DP shall not,
except for cause beyond the reasonable control of DP, exceed time limits established by
this Agreement. Any adjustments in the schedule must be approved in writing by Owner
and must be requested in writing by DP within ten (10) days after the occurrence upon
which DP's request for adjustment is based.
9.3 NO WAIVER OF PERFORMANCE:
The failure of the Owner to insist, in any one or more instances, on the performance of any of the
terms, covenants or conditions of this Agreement or to exercise any of its rights hereunder, shall
not be construed as a waiver or relinquishment of such term, covenant, condition or right with
respect to further performance.
9.4 Any failure of Owner to make a decision within the time limits set forth herein shall not be
construed as acquiescence in all or any part of a subsequent DP claim for relief or remedy.
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ARTICLE 10: OWNERSHIP OF DOCUMENTS
10.1 OWNERSHIP OF DOCUMENTS:
10.1.1 By execution of this Agreement, DP assigns all copyright ownership and other intellectual
property interest in the Design Documents and Construction Documents prepared by DP
and further agrees to execute and to cause any Subconsultant to execute any separate
assignment agreement necessary to implement such assignment.
10.1.2 The Drawings and Project Specifications as instruments of service are and shall become
the property of Owner whether the Project for which they are made is executed or not.
DP shall be permitted to retain copies of the Drawings and Project Specifications for
information and reference in connection with Owner's use and occupancy of the Project.
10.1.3 Submission or distribution of Contract Documents to meet officiai regulatory requirements
or for other purposes in connection with the Project is not to be construed as publication
in derogation of DP's rights.
10.1.4 To extent allowed by law, DP agrees not to divulge, furnish or make available to any third
person, firm or organization, without Owner's prior written consent, or unless incidental to
the proper performance of DP's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning the services to be rendered by DP hereunder, and DP shall
require all of its employees, agents and Subconsultants to comply with the provisions of
this paragraph.
10.1.5 In the event of future reuse of the Construction Documents by Owner, DP's name and
seal shall be removed and DP shall not be liable to Owner or third parties in their reuse.
10.1.6 DP shall not use, or allow to be used, the Contract Documents, Drawings, Project
Specifications and reports or the unique aspects of this Project in any other project
without the prior written approval of Owner. DP's use of standard specifications texts and
details are specifically excluded from the provisions of this paragraph.
ARTICLE I t ALTERNATIVE DISPUTE RESOLUTION
11.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution ("ADR") process provided for herein shall be the exclusive means
for resolution of claims or disputes arising under, relating to or touching upon the Contract, the
interpretation thereof or the performance or breach by any party thereto, including but not limited
to original claims or disputes asserted as cross claims, counterclaims, third party claims or claims
for indemnity or subrogation, in any threatened or ongoing litigation or arbitration with third
parties, if such disputes involve parties to contracts containing this ADR provision.
11.2 Neutral Evaluator, Arbitrators. The County will select a Neutral Evaluator to serve as set forth
in this ADR process. As needed under § 1.6.2 below, the County and DP shall each select an
arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a member of
the State Bar of the State of Arizona and shall have experience in the field of construction law.
All arbitrators, once selected, shall serve as neutral arbitrators, even if they are party-appointed.
The County and the DP shall name their respective arbitrators within five (5) calendar days after
the declaration of a failure of mediation or the mutual waiver of mediation.
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11.3 Discussion and Partnering. When a claim is made or a dispute arises relating to the Contract,
senior representatives of the County and the claimant will meet personally within ten (10) days to
discuss the claim/dispute and attempt to resolve it. If, after good faith efforts, resolution is not
achieved, the claim/dispute (hereafter "dispute") will proceed to the neutral evaluation process.
11.4 Neutral Evaluation Process. If the parties have been unable to resolve the dispute after
discussions and partnering, the following neutral evaluation process shall be used to resolve any
such dispute.
11.4.1 Notification of Dispute. The County through its Agent shall promptly notify the Neutral
Evaluator in writing of the existence of a dispute within ten days of the County or the DP's
declaring need to commence the neutral evaluation process.
11.4.2 Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding
informal hearing of the matter to be held within ten (10) calendar days from receipt of
notification of the existence of a dispute. The Neutral Evaluator may conduct the hearing
in such manner as he deems appropriate and shall notify each party of the hearing of its
opportunity to present such evidence as they believe will resolve the dispute. The Neutral
Evaluator shall notify each party to the dispute that they shall submit a written outline of
the issues and evidence intended to be introduced at the hearing and their proposed
resolution of the dispute to the Neutral Evaluator before the hearing commences.
Potential Arbitrators shall not participate in such informal hearing or proceedings process.
The Neutral Evaluator is not bound by the rules of evidence when admitting evidence in
the hearing and may limit the length of the hearing, the number of witnesses or any
evidence introduced to the extent deemed relevant and efficient.
11.4.3 Non-Binding Decision. The Neutral Evaluator shall render a non-binding written
decision as soon as possible, but not later than five (5) calendar days after the hearing
concludes.
11.4.4 Further proceedings. In the event that either party declines to accept the Neutral
Evaluator's decision as the resolution of the dispute, the dispute will proceed to
mediation.
11.5 Mediation. In the event that a meeting of principals and neutral evaluation have failed, the
parties shall engage in mediation (as a condition precedent to arbitration) within fifteen (15) days
of a party's notifying the Neutral Evaluator that the party declines to accept the Neutral
Evaluator's decision as the resolution of the dispute. The mediator shall be chosen by the
parties' agreement. If such agreement is not reached by five (5) days after the neutral evaluator's
receipt of a party's notification, then the mediator shall be named by the Neutral Evaluator. In the
event that mediation fails (or is waived by both parties) then the matter shall proceed to binding
arbitration.
11.6 Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if any party chooses not to accept the decision of the
Neutral Evaluator and mediation has failed or has been waived. A party requesting binding
arbitration shall notify the Neutral Evaluator in writing within seven (7) calendar days of the failure
or waiver of mediation of the party's demand for arbitration. If the CMR requests arbitration it
shall post a cash bond with the Neutral Evaluator in an amount agreed upon by the parties or, in
the event of no agreement, the Neutral Evaluator shall establish the amount of the cash bond to
defray the cost of the arbitration as set forth in paragraph 11.6.11 and the proceeds from the
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bond shall be allocated in accordance with paragraph 11.6.13 by the Arbitration Panel. The bond
must be in the full amount agreed upon or as established by the Neutral Evaluator to pay the
potential cost of the full arbitration proceeding. The bond must be posted with and received by the
Neutral Evaluator within five (5) calendar days after the demand for arbitration.
11.6.1 Arbitration Panel and Applicable Law and Rules. Disputes involving less than
$200,000 shall be heard by one single arbitrator chosen by agreement of the parties. For
disputes in excess of $200,000, the Arbitration Panel shall consist of three arbitrators: the
County's appointed arbitrator, the DP's appointed arbitrator and a third arbitrator (or
"neutral arbitrator") who shall be selected by the parties' arbitrators as set forth in Section
11.6.2. The arbitration is to be convened and administered under the Revised Uniform
Arbitration Act ('RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration
Association Construction Rules shall serve as a guideline for proceedings, thus as a
supplement to the RUAA.
11.6.2 Selection of Neutral Arbitrator. For disputes in excess of $200,000, the parties'
arbitrators shall choose the Neutral Arbitrator, within ten (10) calendar days of notification
of a demand for arbitration having been received by the Neutral Evaluator. The Neutral
Arbitrator shall have the same qualifications as those of the arbitrators set forth in
paragraph 11.2 above. In the event that the two party selected arbitrators cannot agree
on a Neutral Arbitrator as set forth above, the Neutral Arbitrator shall be selected as the
Default Neutral Arbitrator. If the County and DP cannot agree on the single arbitrator or
upon a Default Neutral Arbitrator, then County and the CMR shall each submit two
names to Judge Barry Schneider (Retired), or his successor as designated by Maricopa
County, who shall select one person. The Neutral Arbitrator may submit his invoices for
services to the OWNER, and the OWNER shall pay the amounts invoiced (subject to the
provisions of paragraph 11.6) unless and until the DP is determined by the Arbitration
Panel to be the non-prevailing party and the Arbitration Panel determines per 11.6.11
what party pays such costs.
11.6.3 Expedited Hearing. The parties have structured this procedure with the goal of providing
for the prompt, efficient and final resolution of all disputes falling within the purview of this
ADR process. To that end, any party can petition the Neutral Evaluator to set an expedited
hearing. If the Neutral Evaluator determines that the circumstances justify it, the Neutral
Evaluator shall contact the selected single arbitrator or Arbitration Panel and arrange for
scheduling of the arbitration at the earliest possible date. In any event, the hearing of any
dispute not expedited will commence as soon as practical but in no event later than twenty
(20) calendar days after notification of request for arbitration having been received. This
deadline can be extended only with the consent of all the parties to the dispute, or by
decision of the single arbitrator or the Arbitration Panel upon a showing of emergency
circumstances.
11.6.4 Procedure. The single arbitrator or the Arbitration Panel will conduct the hearing in such a
manner that will resolve disputes in a prompt, cost efficient manner giving regard to the
rights of all parties. Each party shall supply to the single arbitrator or Arbitration Panel a
written pre-hearing statement which shall contain a brief statement of the nature of the
claim or defense, a list of witnesses and exhibits, a brief description of the subject matter of
the testimony of each witness who will be called to testify, and an estimate as to the length
of time that will be required for the arbitration hearing. The single arbitrator or the
Arbitration Panel shall review and consider the Neutral Evaluator decision. The single
arbitrator or the Chairman shall determine the nature and scope of discovery, if any, and
the manner of presentation of relevant evidence consistent with deadlines provided herein,
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and the parties' objective that disputes be resolved in a prompt and efficient manner. No
discovery may be had of any materials or information for which a privilege is recognized by
Arizona law. The single arbitrator or the Chairman upon proper application shall issue such
orders as may be necessary and permissible under law to protect confidential, proprietary
or sensitive materials or information from public disclosure or other misuse. Any party may
make application to the Maricopa County Superior Court to have a protective order entered
as may be appropriate to confirm or enforce such orders of the Chairman.
11.6.5 Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of emergency
circumstances.
11.6.6 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue a reasoned award. The Arbitration Panel shall, within ten (10) calendar days
from the conclusion of any hearing, by majority vote issue its reasoned award. The award
shall include an allocation of fees and costs pursuant to 11.6.11 herein. The award is to be
in accordance with the Contract and the law of the State of Arizona.
11.6.7 Scope of Award. Regardless of the provisions of the RUAA, the Arbitration Panel shall be
without authority to award punitive damages, and any such punitive damage award shall be
void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys' fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated.
11.6.8 Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the
amount asserted in any party's claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party at
the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is in reality one involving less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
11.6.9 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment
on it.
11.6.10 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Neutral Evaluator or the single arbitrator or Arbitration Panel, may: (i) at the request of any
party, join and/or sever parties, and/or claims arising under other contracts containing this
ADR provision, and (ii) the Neutral Evaluator, on his own authority, or the single arbitrator
or Arbitration Panel may, on its own authority, join or sever parties and/or claims subject to
this ADR process as deemed necessary for a just resolution of the dispute, consistent with
the parties' goal of the prompt and efficient resolution of disputes, provided, however, that
the NE, OWNER and Project Professionals shall not be joined as a party to any claim
made by a DP. Nothing herein shall create the right by any party to assert claims against
another party not germane to the Contract or not recognized under the substantive law as
applicable to the dispute. Neither the Neutral Evaluator nor the single arbitrator or
Arbitration Panel is authorized to join to the proceeding parties not in privity with the
County. DP cannot be joined to any pending arbitration proceeding, without CMR's
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express written consent and unless DP is given the opportunity to participate in the
selection of the single arbitrator or non-County appointed arbitrator.
11.6.11 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the Neutral Evaluator and the mediation. All fees and costs
associated with any arbitration before the single panel or Arbitration Panel, including
without limitation the Arbitrator fees, and the prevailing party's reasonable attorneys' fees,
expert witness fees and costs, will be paid by the non-prevailing party, except as
provided for herein. In the event that DP is the non-prevailing party, all fees and costs as
noted above shall first be paid out of the bond posted with the Neutral Evaluator. In no
event shall the DP's obligation to pay fees and costs be limited to the amount of the bond
posted herein. In no event shall any Arbitrator's hourly fees be awarded in an amount in
excess of $250 per hour and (i) costs shall not include any travel expenses in excess of
mileage at the rate paid by Maricopa County, not to exceed a one way trip of 150 miles,
and (ii) all travel expenses, including meals, shall be reimbursed pursuant to the travel
policy of Maricopa County in effect at the time of the hearing. The determination of
prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, will
be included in the award by the single arbitrator or Arbitration Panel. Fees for the Neutral
Evaluator shall be paid by County.
11.6.12 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to
a party's attorneys or accountants, no party shall make any disclosure related to the
disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or
an award made hereunder. This provision does not affect the County's right to inform the
County Supervisors of the resolution of the dispute.
11.6.13 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as may
become necessary to preserve the status quo and prevent immediate and irreparable
harm to a party or to the Project pending resolution of a dispute pursuant to ADR
provided herein. No court may order any permanent injunctive relief except as may be
necessary to enforce an order entered by the Arbitration Panel. The fees and costs
incurred in connection with any such equitable proceeding shall be determined and
assessed in ADR.
11.6.14 Change Order. Any award in favor of the DP against the County or in favor of the
County against the DP shall be reduced to a Change Order and executed by the parties
in accordance with the award and the provisions of the Contract.
11.6.15 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or
other relief, including the extension of the Contract performance period which
reasonably should or could have been brought against any party that was or could have
been brought into this ADR process, with respect to the subject claim. The Arbitration
Panel shall apply legal principles commonly known as merger and bar to deny any claim
or claims against any party regarding which claim or claims recovery has been sought or
should have been sought in a previously adjudicated claim for an alleged cost, loss,
breach, error, or omission.
11.7 Inclusion in Other Contracts. The DP shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts. Subject to DP's reasonable agreement, the CMR
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agrees that any modification to this ADR provision that is included in the construction or other
contracts shall also apply to the DP. It is the intent of the parties that any changes to this ADR
provision in later contracts will be evolutionary and designed to incorporate the terms of this ADR
provision without material changes to the substance or procedure of this ADR provision.
ARTICLE 12: SUSPENSION AND TERMINATION
12.1 PROJECT SUSPENSION:
Owner may suspend the Project and DP's services without cause but if the Project is suspended
for more than one-hundred eighty (180) days, DP shall be paid for all Basic Services and
Reimbursables that have been authorized by an Authorization to Proceed and that were
performed by DP and accepted by Owner prior to the date of such suspension. If the Project is
resumed after having been suspended for more than 180 days, DP's further compensation shall
be subject to renegotiation.
12.2 TERMINATION OF AGREEMENT:
12.2.1 Owner has the right to terminate this Agreement for its convenience upon seven (7)
days written notice to DP. Upon such termination, all charts, sketches, studies,
drawings, models and other documents related to services performed under this
Agreement, whether finished or not, shall be turned over to Owner within ten (10) days
of notice of termination provided that DP has been paid in full for services rendered and
approved by Owner as of the date of termination and reasonable termination costs
supported by documentation.
12.2.2 Owner has the right to terminate this Agreement for default upon seven (7) days written
notice stating the grounds for default or material breach. If DP has not cured the default
or breach to the satisfaction of Owner, Owner shall receive ownership of all design
documents upon request of Owner and Owner has the right to use, renovate and to
make derivative works of the design documents in order to complete the Project.
12.2.3 Termination, for whatever cause or on whatever basis, shall not result in DP's being
entitled to claim any lost profits as a result of the termination.
ARTICLE 13: MISCELLANEOUS
13.1 MAINTENANCE OF RECORDS:
DP shall maintain and require Subconsultant to retain adequate records and supporting
documentation which concern or reflect its services hereunder. The records and documentation
will be retained by DP for a minimum of six (6) years from the date of termination of this
Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized
agents or representatives of Owner, shall have the right to audit, inspect, and copy all such
records and documentation as often as they deem necessary during the period of this Agreement
and during the six (6) year period noted above. Refusal of DP to comply with the provisions of this
section shall be grounds for termination for cause of this Agreement by Owner.
13.2 CANCELLATION:
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Owner may cancel this Agreement without penalty or further obligation under A.R.S. § 38-511 if
any person significantly involved with this Agreement on behalf of Owner is or becomes a
consultant to DP or a Subconsultant with respect to the subject matter of the Agreement or an
employee of DP does so.
13.3 PAYMENT OBLIGATIONS:
All payment obligations of Owner are conditioned on the availability of funds which are approved
and allocated for such obligation. If funds are not allocated and available for continuation of DP's
services, this Agreement may be terminated or suspended at the end of the time period for which
funds are available. No liability or penalty shall accrue or be attributable to Owner in the event it
becomes necessary to exercise rights under this provision.
13.4 NON-DEFINED TERMS:
If not specifically defined herein, terms, words and phrases will have their ordinary and common
meaning and they, together with abbreviations, shall be interpreted consistent with the design
professional industry standards and technical and trade meanings.
13.5 NON-WAIVER PROVISIONS:
The failure of the Owner to insist, in any one or more instances, on the performance of any of the
terms, covenants or conditions of the Agreement, or to exercise any of its rights hereunder, shall
not be construed as a waiver or relinquishment of such terms, covenant, conditions or right with
respect to further performance.
13.6 NO HAZARDOUS SUBSTANCES OR PRODUCTS:
DP shall use reasonable care not to specify for use in the Project any product known by DP to
contain hazardous substances as deemed in 42 U.S.0 9601, et seq., unless no reasonable
alternative is available and in that case Owner consent to sue shall first be obtained.
13.7 ENVIRONMENTAL CONTAMINATION:
DP shall immediately notify Owner both verbally and in writing of the presence of and location of
any environmental contamination of the site which it becomes aware of or reasonably should
become aware, including, but not limited to, hazardous substances and petroleum releases.
13.8 ADA REQUIREMENTS:
The Americans with Disabilities Act ("ADA") is applicable to the Project. DP will use its skill and
training as a design professional and exercise the applicable standard of care to design the
Project in compliance with ADA requirements.
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13.9 SUCCESSORS AND ASSIGNS:
13.9.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated or
assigned, in whole or in part, by DP without the written consent of Owner.
13.9.2 DP and Owner each binds one another, their partners, successors, legal representatives
and authorized assigns to the other party of this Agreement and to the partners,
successors, legal representatives and assigns of such party in respect to all covenants of
this Agreement.
13.10 TRUTH-IN-NEGOTIATION CERTIFICATE:
In compliance with DP's Competitive Negotiation Act, for any Authorization to Proceed for a
project to be compensated under the Lump Sum method DP shall certify that wage rates and
other factual unit costs supporting the compensation are accurate, complete, and current at the
time of said Authorization to Proceed. The original Project price and any addition thereto will be
adjusted to exclude any significant sums by which Owner determines the project price was
increased due to inaccurate, incomplete or noncurrent wage rates and other factual unit costs. All
such price adjustments will be made within one (1) year following the end of the Project.
13.11 NOTICES:
Whenever any party is required to give notice unto the other, such notice must be in writing, sent
by registered United States mail, return receipt requested, addressed to the party for whom it is
intended at the place last specified; and the place for giving of notice shall remain such until it
shall have been changed by written notice in compliance with the provisions of this paragraph.
For the present, the parties designate the following as the respective places for giving of notice:
D FOR OWNER:
Director, Maricopa County Facilities Management Department
401 W. Jefferson Street
Phoenix, Arizona 85003
D FOR DP:
Jeff Ruthstrom, P.E. Senior Vice President, Pearson Engineering Assoc. Inc.
8825 N. 23rd Avenue
Phoenix, Arizona 85021
13.12 SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be invalid or unenforceable to any extent, the remaining terms,
covenants, conditions and provisions of this Agreement shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of the agreement between the parties.
Remote Sites OET Refresh-Design Page 1 36
CMR Professional Services Contract Serial # 14068-CI

Maricopa County
Facilities Management Depai ti tient
13.13 SURVIVAL OF PROVISIONS:
All terms, conditions, covenants and obligations of Owner and DP hereunder shall survive the
termination or expiration of this Agreement as necessary and appropriate for such parties to fulfill
their obligations that accrued during the Term of this Agreement.
13.14 EXTENT OF AGREEMENT:
This Agreement represents the entire and integrated agreement between Owner and DP and
supersedes all prior negotiations, representations or agreements, written or oral. This Agreement
may not be amended, changed, modified, or otherwise altered in any way, at any time after the
execution hereof, except by a written document executed with the same formality and equal dignity
herewith. Waiver by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach of any provision of this Agreement.
13.15 NO CONTINGENT FEE:
DP (or registered surveyor and mapper or professional engineer, as applicable) warrants that he
or she has not employed or retained any company or person, other than a bona fide employee
working solely for DP (or registered surveyor and mapper, or professional engineer, as applicable)
to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for DP
(or registered surveyor and mapper or professional engineer, as applicable) any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of this provision, Owner shall have the right to
terminate the Agreement without liability and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
13.16 APPLICABLE LAW AND VENUE OF LITIGATION:
This Agreement shall be enforced, interpreted, and construed in accordance with and governed by
the laws of the State of Arizona, including the Revised Uniform Arbitration Act (A.R.S. § 12-3001 et
seq.), which is applicable hereto. Any suit or action brought by any party concerning this
Agreement, or arising out of this Agreement, shall be brought in Maricopa County, Arizona.
13.17 INTERPRETATION:
The language of this Agreement has been agreed to by both parties to express their mutual intent
and no rule of strict construction shall be applied against either party hereto. The headings
contained in this Agreement are for reference purposes only and shall not affect in any way the
meaning or interpretation of this Agreement All personal pronouns used in this Agreement shall
include the other gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as "herein," 'hereof," "hereunder," and "hereinafter" refer to
this Agreement as a whole and not to any particular sentence, paragraph, or section where they
appear, unless the context otherwise requires. Whenever reference is made to a Section or Article
of this Agreement, such reference is to the Section or Article as a whole, including all of the
subsections of such Section, unless the reference is made to a particular subsection or
subparagraph of such Section or Article.
13.18 PRIORITY OF PROVISIONS:
If there is a conflict or inconsistency between any term, statement, requirement, or provision of any
exhibit attached hereto, any document or events referred to herein, or any document incorporated
into this Agreement by reference and a term, statement, requirement, or provision of this
Remote Sites OET Refresh-Design Page t 37
CMR Professional Services Contract Serial # 14068-CI

Maricopa County
Facilities Management Department
\\TA-Ftal1coPa.gcv
Agreement, the term, statement, requirement, or provision contained in this Agreement shall
prevail and be given effect.
13.19 COMPLIANCE WITH LAWS:
DP shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions in
performing its duties, responsibilities and obligations related to this Agreement.
13.20 PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements and understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification, amendment or
alternation in the terms or conditions contained herein shall be effective unless set forth in writing.
13.21 LEGAL WORKER REQUIREMENTS:
As required by A.R.S. § 41-4401, Owner is prohibited after September 30, 2008 from awarding a
contract to any service or construction contractor who fails, or whose subcontractors fail, to
comply with A.R.S. § 23-214-A. CMR warrants that it complies fully with all federal immigration
laws and regulations that relate to its employees, that it shall verify, through the employment
verification pilot program as jointly administrated by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment
eligibility of each employee hired after December 31, 2007, and that it shall require its
subcontractors and sub-subcontractors to provide the same warranties to CMR. CMR
acknowledges that a breach of this warranty by CMR or by any subcontractor or sub-
subcontractor under this Agreement shall be deemed a material breach of this Agreement, and is
grounds for penalties, including termination of this Agreement by Owner. Owner retains the right
to inspect the records of any DP, subcontractor and sub-subcontractor employee who performs
work under this Agreement, and to conduct random verification of the employment records of
CMR any subcontractor and sub-subcontractor who works on this Contract, to ensure that CMR
and each subcontractor and sub-subcontractor is complying with the warranties set forth above.
CMR shall be responsible for all costs associated with compliance with this requirement.
13.22 INFLUENCE:
As prescribed in MCI-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 MCI-902. An attempt to influence
includes, but is not limited to:
13.22.1 A person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment, educational passes, tickets, or any type of valuable contribution or
subsidy,
13.22.2 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.
Remote Sites OET Refresh-Design Page I 38
CMR Professional Services Contract Serial # 14068-C1

Maricopa County
Facilities Management Department
"www-InatUPPA. • F70.16 .;%161
13.23 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.
Remote Sites OET Refresh-Design Page I 39
CMR Professional Services Contract Serial # 14068-CI

Man copa County
Facilities Management Department
WWW • I )311 ricol)a-gov
IN WITNESS WHEREOF, this agreement shall be in full force and effect only when the Board of
Supervisors of Maricopa County, Arizona has approved it, and when executed by the Chairman
of the Board of Supervisors or when applicable, the Chief Procurement Officer.
Pearson Engineering Associates, Inc. 86-0358447
Design Professional Firm Name Federal Tax Identification Number
107458-0
Arizona State Board of Technical Registration #
7,4-AT:7 - Z-17/V
ri p.aal Signature) Date
Jeff Ruthstrom P.E., Senior Vice President
Printed Name Title
Net 30
Vendor's/Firm's Payment Terms
COUNTY OF MARICOPA, ARIZONA
LEGAL REVIEW:
Date Approved as to form and within the powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
ACCEPTED AND AFPROVED:
By: G-XL1.. P.,-4AIctir"1/4- 6 S&-eoul
Chairman, Date Attorney for the Board of Supervisor ate
Board of Supervisors
92533
ATTEST: NIGP Commodity Code (Advantage)
Clerk of the Board Date
Page I 40

Maricopa County
Facilities Management Department
www.maricppa-gov
EXHIBIT "A": HOURLY RATES AND HOURS
Page I 41

"EXHIBIT A" — Hourly Rate & Hours
Projected Design Hours
90% DESIGN REVIEW DOCUMENTS
Mechanical Principal 180 Hours @ $159.37 = $28,686.60
Mechanical Engineer 370 Hours @ $146.61 = $54,245.70
Mech Senior Designer 100 Hours g $122.49 = $12,249.00
Mech Draftsman 294 Hours @ $ 75.77= $22,276.38
Electrical Principal 40 Hours @ $159.37 = $ 6,374.80
Elec Senior Designer 490 Hours @ $146.61 = $71,838.90
Electrical Designer 650 Hours @ $122A9 = $79,618.50
SUB-TOTAL = $275,289.88
100% DESIGN REVIEW DOCUMENTS
Mechanical Principal 29 Hours g $159.37 = $ 4,621.73
Mechanical Engineer 48 Hours @ $146.61 = $ 7,037,28
Mach Senior Designer 27 Hours @ $122.49 = $ 3,307.23
Mech Draftsman 31 Hours @ $ 75.77 = $ 2,348.87
Electrical Principal 9 Hours @ $159.37 = $ 1,434.33
Hee Senior Designer 56 Hours @ $146,61 = $ 8,210.16
Electrical Designer 80 Hours @ $122.49 = $ 9,799.20
Clerical 6 Hours @ $ 72.61 = $ 435.66
SUB-TOTAL = $ 37,194.46
CONSTRUCTION ADMINISTRATIVE SERVICES
Mechanical Principal 80 Hours @ $159.37 = $12,749.60
Mechanical Engineer 451 Hours @ $146.61 = $ 66,121.11
Mech Draftsman 110 Hours @ $ 75.77 = $ 8,334.70
Electrical Principal 140 Hours ©$159.37 = $ 22,311.80
Elec Senior Designer 630 Hours @ $146.61 = $ 92,364.30
SUB-TOTAL = $201,881.51
POST CONSTRUCTION SERVICES
Mechanical Principal 14 Hours @ $159.37 = $ 2,231.18
Mechanical Engineer 125 Hours @ $146.61 = $18,326.25

Exhibit A - Hourly Rate & Hours Page 2 of 2
Mech Draftsman 45 Hours @ $ 75,77 $ 3,409.65
Electrical Principal 30 Hours @ $159,37 = $ 4,781.10
Elec Senior Designer 90 Hours @ $146.61 = $13,194.90
Electrical Designer 120 Hours @ $122.49 = $14,698.80
Clerical 24 Hours @ $ 72.61 = $ 1,742.64
SUB-TOTAL = $ 56,384.62
COST SUMMARY
MECHJELEC SUB-TOTAL = $572,750.37
ARCHITECTURAL $ 69,650.00
STRUCTURAL $ 37,703.35
SPECIAL INSPECTIONS
SPEEDIE & ASSOCIATES $ 6,400.00
CONTINGENCY = $ 27,800.00
ESTIMATED EXPENSES $ 12,000,00
PROJECT TOTAL = $726,303.72

Maricopa County
Facilities Management Depa tment
‘11Ww.1WriCOPa-''rox'
EXHIBIT "B": LUMP SUM AMOUNT
Page I 42

PEARSON
ENGINEERING
ASSOCIATES,
INC. "EXHIBIT B - Lump Sum Amount"
ELECTRICAL
MECHANICAL
PLUMBING
$7260303.72
PARTNERS
D. Pearson, PE
D. Doyle, PE
A. Krueger, PE
J. Mostajabi, PE, RCDD
J. Ruthstrom, PE
J. Kennelly, PE
ASSOCIATES
S. Harris, IAEI
A. Mondragon
M. Olson, FASPE
L. Robertson, ICCEI
C. Seymour, CPD
8825 N 23rd Ave
Suite 11
Phoenix, AZ 85021
T. (602) 264-0807
F. (602) 274-7542

Maricopa County
Facilities Management Department
-www.maricci)a.gcv
EXHIBIT 'C': Record Drawing Procedures
Introduction
These guidelines are issued to promote the development of electronic drawings suitable for use in the
Maricopa County Facilities Management Department CAD environment. Consistency and compatibility
with existing Maricopa County documents can only be achieved when these standards are strictly
adhered to. Electronic drawings produced and submitted in accordance with these standards have
significantly greater value to Maricopa County. Design Professionals (DP), their Subconsultants, CMR's
delivering documentation to Maricopa County must ensure these standards are reviewed, understood and
followed by those people responsible for preparing electronic drawings.
Renovations and Space Change Projects Requirements
For typical Renovation and Space Planning projects, the DP is responsible for submitting a complete set
of Construction Documents (CDs) to Maricopa County prior to the beginning of construction. Upon
completion of construction, CMRs are responsible for submitting complete As-Built documentation (per
definitions included in the Agreement Between The County of Maricopa, Arizona and Design
Professional) to the Owner (in both electronic and hardcopy formats) and DP is responsible for submitting
the Record Drawings to the Owner based on this As-Built documentation. Construction Documents and
Record Drawings submitted to the Owner need to adhere the criteria outlined in this document.
All "DWG" files and AutoCAD drawing entities submitted at the end of a project must be able to be
manipulated using standard AutoCAD drafting procedures. Non-compliance with this policy may result in
the rejection of AutoCAD files submitted at project closeout, in addition to delayed rendering of final
project payment. "DXF" files will not be accepted at project closeout as a substitution for "DWG" AutoCAD
file deliverables. Projects using Building Information Modeling (BIM) software are still required to
submit "DWG" formats for their projects.
Electronic File Format
CAD drawings must be submitted in full compliance with AutoCAD software 2007 drawing file format (file
extension = .DWG).
All Construction and Record Document project drawings must be submitted to Maricopa County Facilities
Management Department in all file formats listed below; other formats are not acceptable without the prior
consent of Maricopa County Facilities Management Department.
• AutoCAD® 2007 or higher — DWG format only.
• Adobe® PDF version 6.0 or higher.
Scale, Units, Coordinate System and Orientation
AutoCAD drawings should be drafted at full scale in architectural or engineering units, such that one
drawing unit equals one inch. The User Coordinate System (UCS) for all AutoCAD drawings should be
set to "World".
Tolerances
When projects require creation of new AutoCAD floor plans from field measurements, exterior building
dimensions should reconcile to within one (1) inch of actual building dimensions as measured in the field.
Interior building dimensions must reconcile to within half (1/2) inch of actual field dimensions. However,
individual project requirements may vary. Please confirm requirements with the Project Manager
designated by Maricopa County.
Page I 43

Maricopa County
Facilities Management Depa ment
viitkoi,'ov. ....... .
Blocks
The following rules must be employed when handling block entities:
1. All entities within a block must be created on layer 0.
2. Drawing entities translated into AutoCAD blocks from non-AuthCAD systems must revert to
layer 0 when exploded within AutoCAD.
Policy on External Reference Files (XREFs)
Maricopa County will not accept the submission of any AutoCAD drawing deliverable which contains
unbound references to external source drawing files. All externally referenced data sources that were
used during the AutoCAD drawing production phase should be incorporated as a block within a single
drawing file, including the title block and all identifying information visible in the printed image, upon
project completion and prior to submission to Maricopa County. Layers contained in XREF's inserted as
blocks should conform to Maricopa County guidelines. The resulting self-contained drawing file is an
acceptable deliverable to Maricopa County.
Owner Supplied CAD Files
Prior to commencement of design and construction services, Maricopa County will provide past Record
Drawings in AutoCAD per the Contract Agreement that can be used as the background for space
documentation projects. These have been generated using a variety of methods and may require field
verification. When no pre-existing Record Drawings in AutoCAD are available, consultants will be
required to produce drawings entirely from field measurements. AutoCAD files are transmitted for the
convenience and expediency of the DP, their Subconsultants and the CMR but bear no implicit or explicit
guarantee of accuracy, reliability or correctness". It is recommended to all recipients of Owner-supplied
drawing files to perform their own verifications as necessary to develop drawings for each phase of the
project.
Layers for CAD Files
All AutoCAD Files shall include but not be limited to the following building features that define the physical
boundaries necessary to define space, such as: 1) exterior walls; 2) vertical elevations & sections; 3)
details; 4) schedules; 5) doors; 6) glazing; 7) elevator shafts; 8) stair wells and other changes in floor
elevation; 9) built-in furniture and/or modular systems. The DP, their Subconsultants and the CMR shall
adhere to these layer standards as much as possible, although additional layers, conforming to standard
formats, may be necessary, while some layers may not be applicable to every space documentation
project (furniture, roof lines, etc.).
AutoCAD layers should be named in accordance with the latest U.S. National CAD Standard (NCS1 which
can be obtained from the National Institute of Building Sciences. Custom layers added by Maricopa
County begin with MC-. The specific name of custom layers may vary slightly by Maricopa County owner.
AIA CAD Layer Guidelines
See U.S. National CAD Standard Version 3 (attached).
USE OF BUILDING INFORMATION MODELING (BIM)
Although projects may utilize Building Information Modeling (BIM) for conveying three-dimensional
design, two-dimensional deliverables are still required as outlined in this guideline and as specified in
Maricopa County Agreements with the DP, their Subconsultants and CMRs.
Page 44

Maricopa County
Facilities Management Department
-...mwrnallectpa.
BIM Execution Execution Plan
Projects utilizing BIM are required to provide a BIM Execution Plan to document modeling practices. This
document declares what is being modeled, the accuracy of the models, the intent of the models, and how
project teams work within the models.
BIM Standards
Modeling practices and standards should be declared and agreed upon in the Project's BIM Execution
Plan.
BIM Models and Deliverables
Models turned over to Maricopa County as a deliverable must meet the requirements of the agreed upon
BIM Execution Plan.
Use of Revit
Models are to be created in the most current version of Autodesk Revit. Modeling practices are to be
declared in the project's BIM Execution Plan.
Page I 45

May 21, 2014
Maricopa County Procurement
320 W. Lincoln Street
Phoenix, Arizona 85003
Attn: Monica Perrin, CSI, CDT
Facilities Capital Project Manager
Maricopa County Facilities Management
401 West Jefferson Street
PEARSON Phoenix, AZ. 85003
ENGINEERING
ASSOCIATES, Re: OET Facilities Upgrades — Remote Sites SL 100 Buildings Only
INC. PEA No. P14-124
Gentlemen:
ELECTRICAL
MECHANICAL Pearson Engineering Associates, Inc. (PEA) respectfully submits the following engineering
PLUMBING services proposal for the above referenced project.
We understand the scope of this project consists of the InfrastruCture upgrades of various
buildings located in outlying areas.
These buildings consist of the following:
SL 100 Buildings
PARTNERS
D. Pearson, PE 1216 San Tan Justice Courts
2029 NW Regional Center
D. Doyle, PE 2310 Regional Day Reporting ClosetA
2823 Southern Business Center
A. Krueger, PE 3801 Emergency Services-Admin Bldg.
J. Mostajabl, PE, ROOD 3832 Environmental Services
3846 Public Health Clinic & Eriviron. Services
J. Rulttstrom, PE 3863 Northeast Courts
J. Kennelly, PE 3854 Kitchell Gateway Corp
3865 Central Plaza Tower
3856 Park 16 Building
4166 North Black Canyon Building
ASSOCIATES 4169 Legal advocate north
S. Harris, IAEI 4170 West 101 Business Center
4306 Gilbert Town Center
A. Mondragon 4307 Highland Justice Court
M. Olson, FASPE 5105 Eastslde Veterinary Center
L Robertson, ICCEI The design for the above buildings will consist mainly of Electrical and Mechanical Systems
Upgrades. These upgrades will include the addition of Uninterruptible Power Supplies (UPS)
C. Seymour, CPD. back-up power generators and electrical distribution equipment. Mechanical Design will
consist of the addition of new HVAC equipment dedicated to support the proposed OET
upgraded equipment.
We have based this proposal on previously completed surveys of each building Involved,
provided to us by IVlaricizIsa County FMD. The incorporation of the above described Electrical
and Mechanical Design will require various Architectural and Structural Design services.
Design Phase
We have included design services for all activities required from programming through
8825 N 23rd Ave Construction Documents including but not necessarily 'limited to the following:
Suite 11 • Survey of each OET Room.
Phoenix, AZ 85021 • Develop working backgrounds.
T. (602) 264-0807 • Coordination of Architectural ad Structural Activities.
F. (602) 274-7542
• Preparation of Contract / Construction Documents.

' ;‘,
PEARSON Re: OET Remote Sites, SL 100 Buildings
V ENGINEERING Page 2
ASSOCIATES, INC. May 21, 2014
• Mending Coordination Meetings with Facilities Management (FMD), Office of
Enterprise Technology (OET), Construction Manager at Risk (CM@R) as well as the
various Building/Department Supervisors for each building.
• Submission of Progress Drawings for each building at the 90% and 100% design
level for Owner/end user review and comment
• Attendance of Construction Document submission to County Plan Review to answer
any project related questions that may arise.
Clarifications
• Communication Equipment, raceways, ductbanks are responsibility of others.
• We will provide raceways for any other special systems that may require
modification. Devices, cabling, etc., are responsibility of others.
Construction Administration
We include the following Construction Administration Services for this project:
• Submittal Review.
• Responding to Requests for Clarification (RFI) of the Construction Documents.
• Field observations with field reports.
• Monthly review and approval of the CM@R as-built documentation.
• Monthly review of CM@R payment applications.
• Pre-final and Final Punch List walk of each building as they are completed.
• Issuance of Certificate of Substantial Completion of each building as they are
completed.
• Attendance of Weekly Project Meetings with OET and FMD.
• Review of CM@R Warranties, Operations and Maintenance Manuals.
• Incorporation of CM@R as-built red line drawings into AutoCAD Documents.
PEA proposes to provide the above described services for the following Not-to-Exceed fee:
"Payments for Basic Services will be made monthly in proportion to the professional services
performed during each Phase of DP Services. Said payments shall, in the aggregate, not
exceed the percentage of the estimated total Basic Compensation indicated below for each
Phase.
90% upon 100% completion of Phase IV.
90% upon completion of and approval of all professional services Including Phase V services.
100% upon final acceptance and final payment to Contractor of all Work relating to this
Project subject to audit of all payments to DP by the Director or Directors designee.
Partial payments, not to exceed 90% in the aggregate, may be made during Phase V.
according to the amount paid on account of the Construction Contract.
90% DESIGN REVIEW DOCUMENTS
Mechanical Principal 180 Hours t $159.37 = $28,686.60
Mechanical Engineer 370 Hours @ $146.61 = $54,245.70
Mech Senior Designer 100 Hours $122.49 = $12,249.00
Mach Draftsman 294 Hours @ $ 75.77 = $22,276.38
Electrical . Principal 40 Hours @ $169.37 = $ 6,374,80
Eleo Senior Designer 490 Flours @ $146.61 = $71,838.90
Electrical Designer 650 Hours @ $122,49 $79,618.50
SUB-TOTAL =$275,289.8E1

PEARSON Re: 0E1 Remote SL 100 Buildings
V ENGINEERING Page 3
Air ASSOCIATES, iNC. May 21, 2014
100% DESIGN REVIEW DOCUMENTS
Mechanical Principal 29 Hours @ $159.37 = $ 4,621,73
Mechanical Engineer 48 Hours @ $146.61 = $ 7,037.28
Mech Senior Designer 27 Hours @ $122.49 = $ 3,307.23
Meth Draftsman 31 Hours @ $ 75.774= $ 2,348.87
Electrical Principal 9 Hours @ $15937= $1,434.33
Elec Senior Designer 56 Hours @ $146.61 = $ 8,210.16
Electrical Designer 80 Hours @ $172.49 = $ 9,799.20
Clerical 6 Hours @ $ 72.61 = $ 435.66
SUB-TOTAL = $ 37,194.46
CONSTRUCTION ADMINISTRATIVE SERVICES
Mechanical Principal 80 Hours @ $159.37 = $12749.60
Mechanical Engineer 451 Hours @ $146.61 = $ 66,121.11
Meth Draftsman 110 Hours @ $ 75.77= $ 8,334.70
Electrical Principal 140 Hours @ $159.37 = $ 22,311.80
Elec Senior Designer 630 Hours @ $146.61 = $ 92,364.30
SUB-TOTAL = $201,881.61
POST CONSTRUCTION SERVICES
Mechanical Principal 14 Hours @ $159.37 = $ 2,231,18
Mechanical Engineer 125 Hours @ $146.61 = $18,32625
Mech Draftsman 45 Hours @ $ 75.77 = $ 3,409.85
Electrical Principal 30 Hours @ $159.37 = $ 4,781.10
Elec Senior Designer 90 Hours @ $146.61 = $13,194.90
Electrical Designer 120 Hours @ $122.49 = $14,698.80
Clerical 24 Hours @ $ 72.61 = $ 1,742,64
SUB-TOTAL $ 58,384.52
COST SUMMARY
MECH/ELEC SUB-TOTAL = $572,760.37 7
ARCHITECTURAL = $ 69,650.00 vi-
STRUCTURAL = $ 37,703,36
SPECIAL INSPECTIONS
SPEEDIE & ASSOCIATES $ 6,400.00
CONTINGENCY = $ 27,800.00
ESTIMATED EXPENSES $ 12,000.00
PROJECT TOTAL = $726,303.72

p. AIII/r1 PEARSON Re: OET Remote Sites, SL 100 Buildings
V LW ENGINEERING Page 4
ASSOCIATES, INC. May 21, 2014
Thank you for considering PEA for your engineering needs and we look forward to working
with you on this project. If you have any questions regarding this proposal please feel free to
call.
Very truly yours,
Jeff Ruthstrom, RE.
Senior Vice President
PEARSON ENGINEERING ASSOCIATES, INC
L:201 4'P14-1 241WArropassIlP14424,doo

keinglonViddstilatitects
May 15, 2014
Jeff Ruthstrom
Pearson Engineering Associates, Inc.
jruthstrome.oeaena.coM
8825 North 23rd Avenue
Phoenix, AZ 85021
Re: Maricopa County Remote Refresh OET Network Upgrades
SL-100 Phase DET Rooms — 17 Buildings / 42 Rooms
Dear Jeff,
Thank you once again for the opportunity to work with Pearson Engineering Associates on the
County OET projects. We appreciate your trust in our firm. Based on our recent conversations
with you and our understanding of the County's desire to fast track the "SL-100" OET rooms; we
are providing our understanding of the Scope of Work for Arrington Watkins Architects and the
Professional Fee to perform that work per the following summary. Attached is a detailed
breakdown of our fee for this phase. We will forward you a fee proposal for the balance of the
rooms in the Maricopa County Remote Refresh project (the Non SL-100 OET Rooms) at your
request.,
SCOPE OF WORK:
1. Architectural scope of work will involve the following:
a. Doors and Hardware (30-40 rooms)
L Seal openings
II. Door closers
Floor sweeps
iv. Card readers (as required)
b. Floor tile add or replace (assume 26-35 rooms)
c. Anti-Static wax (20-25 rooms)
d. Fire extinguisher (35-40 rooms)
e. Paint rooms (15-20 rooms)
f. Revise plan for rooms requiring architectural modification and details (as
required)
g. Fire stopping (30-35 rooms)
h. Plywood wall modification% (30-40 rooms)
I. Lay-in Ceilings — new or replacement (10-12 rooms)
2. Phases of the Project
a. Design Phase
5240 N. 16" Street
Sutto 101
Phoenix. Arizona 85016
Telephone: (602) 279-4.979
FAX (602) 279-9110
ALI/ailed Llablity Company

Page 2
Jeff Ruthsrom
May 15, 2014
I. Survey / Site Investigation of 42 Rooms within 17 different buildings of
approximately 6 x10 to 9 x 12.
ii. Preliminary design of Scope of Work for each of the 42 rooms.
iii. Attend periodic project design meetings during the design phase to
facilitate the accelerated schedule. We estimate 10 design meetings.
iv. Provide sketches of proposed solutions for County staff to review with
user groups.
b. Construction Document Phase
I. Construction Documents for the Architectural Scope of Work. Time to
produce the 90% Review sets and the 100% Permit Submittal sets are
included.
ii. Specification Sections to Pearson in electronic format for inclusion in your
specifications manual
0. Bid Phase I. Addressing architectural questions and issuing sketches as required.
d. Construction Administration Phase
i. Shop Drawing review
ii. Addressing contractor questions associated with our Scope of Work. We
are basing our fee on submitting 17 permit submittals representing each
building to be surveyed in our scope of work.
iii. Several site trips as required including 3 CA phase project meetings
Arrington PROFESSIONAL Watkins' FEE: proposed fee for the work outlined is $69,650.00 (Sixty-nine thousand, six
hundred and fifty dollars). A detailed outline of this total fee is attached. Included in the
calculation as required:
1. Man hours
2. Hourly rates
3. Overhead percentage
4. Profit percentage
5. Expenses
Sincerely,
Arrington Watkins Arctitects, ftc Pearson Engineering Associates, Inc.
Marcelo Reyna Approved:
Project Manager
Date:
Attachments: Arrington Watkins Architects Fee Proposal Spreadsheet (2 pages)

FEE PROPOSAL
CLIENT: Pearson Engineering Associates, inc. DATE: May 15, 2014
8826 N. 23rd Avenue
Phoenix, AZ 85021
Attn: Jeff Ruthstrom
PROJECT: Maricopa Countywide OET Upgrades AWA NO. M2014.048
SL-100 Phase 17 Buildings 142 OET Rooms
Hours Rate Fee Totals
Item
Design Phase A - Site Visits (Est. 13 Trips)
Project Manager 40 $ 146.00 $ 5,840.00
Project Architect 40 $ 117.00 $ 4,680.00 .
kimin 8 $ 65.00 $ 620.00
Estimated Reimbursables $ 200.00
$ 11,240.00
Subtotal '
Design Phase B - Meetings (Est. 10 mtgs.) •
Project Manager - 16 $ 146.00 $ 2,190.00
Project Architect • 36 $ 117.00 $ 4212.00 , .
Admln 2 $ 66.00 $ 130.00
$ 6,532.00
Subtotal .
Construction Document Phase
Principal Architect 4 $ 170.00 $ 704.00
Project Manager 54 $ 146.00 $ 7,884.00
Specifeatlen Writer 40 $ 117.00 $ 4,680.00
, Preject Architect 136 $ 117.00 $ 15,912.00
Drafter 120 $ 77.00 $ 9,240.00
Admit' 24 $ 65.00 $ 1,560.00
$ 39,980.00
Subtotal
I'd Phase .
Project Architect 10 $ 117.00 $ 1,170.00
Admin 2 $ 65.00 $ 130.00
$ 1,300.00
Subtotal
:onStruction Administration Phase
Project Manager 16 $ 146.00 $ 2,336.00
Project Architect 84 $ 117.00 $ 7,488.00
Admin a $ 65.00 $ 520,00
$ 10,344.00
Subtotal
TOTAL ARRINGTON WATKINS ARCHITECTS: $ 69,396.00
ESTIMATED REIMBURSABLES: $ • 254.00
TOTAL THIS PROPOSAL: $ 69,650.00
5/1512014 AW440 SL-100 OET Upgrade Feel asle
of 2

FEE PROPOSAL
CLIENT: Pearson Engineering Assoclates t Inc. DATE: May 16, 2014
8825 N. 23rd Avenue
Phoenix, AZ 85021
Attn: Jeff Ruthstrom
PROJECT: Maricopa Countywide OET Upgrades AWA NO. M2014.048
SLUM Phase - 17 Buildings 142 OET Rooms
item Nourst Rate Fee Totals
Hourly Rates per Arrington Watkins Continuing Services Contract with Maricopa County
Principal Architect $ 176.00
Project Manager $ 146.00
Project Architect $ 117.00
Speclication Writer $ 117.00
Project Coordinator / Architect in Training $ 101.00
Drafter $ 77.00
Admin $ 65.00
Markups per Arrington Watkins Continuing Services Contract with Maricopa County
Multiplier 3.17
% Overhead 57.7%
% Profit 10.7%
2 or2 5l1512014 AVil-MG SL-100 OET Upgrade Fnutxls

May 20, 2014 CLIENT INFORMATION:
CLIENT PROJECT NUIVISF_R
Mr. Jeff Rultistrom
PEARSON ENGINEERING ASSOCIATES INC.
8825 N. 23" Avenue„ Suite 11 PROJECT MANAGER .
Ethos*, AZ 85021
RE Marione County OET Remote Sites Facilities Upgrade OTHER
Outtying Area Multiple Buildings
Phoentu, AZ
CTS Job No.: 615-14- -93
CARUSO Dear Mr. Ramiro=
TURLEY This will confirm our fee to provide structural engineering and drafting services as required for this OET facilities
SCOTT upgrade that will consist of providing support for a combination of roof-mounted condensing units (spilt system)
structural and interior wall mounted equIpmentfor the (17) buildings indicated below. Three of the buildings listed below may
engineers not include structural design work but wit still require a site survey visit. This fee assumes that existing building
drawings are available for reference during this design and a site visit is included for each building to verily existing
conditions.
1216 San Tan Justice Courts (1 room) — May not require structural design work.
2020 NW Regional Center (1 room)
2310 Regional Day Reporting Closet A (4 rooms)
2823 Southern Business Center (1 roam)
3801 Emergency Services AdmIn Bldg. (2 rooms) — May not require structural design work
3832 Environmental Services (9 rooms)
3846 Public Health Clinic ili Environmental Services (3 rooms)
3863 Northeast Courts (3 rooms)
3854 Kitchell GatewaySoams)
YOOR 3855 Central Plaza Tower (4 rooms)
6TRUMMLIENGIKE111145 EXPERTS 3856 Park 16 Building (1 room
4166 North Black Canyon Building (3 rooms)
PARTNERS 4169 Legal Advocate North (1 room)
Mohan] D. Toby, PE 4170 West 101 Business Center (1 room)
'4305 Gilbert Town Center (3 rooms)
Paul G. Scot PE, SE 4307 Highland Justice Court (1 room) •
aaneaj, Hag, PE, SE 5105 Eastsfde Veterinary Center (1 room) — May not require structural design work,
ChrlaJ, AWnsun, PE, SE
Thomas R. Mout, PE Our Basic Services will be billed at a Fixed Fee per the attached spreadsheet ($25,990.33) for the BasIgn Phase
Othard A. Darman, PE and ($11,713.02) for Construction Administration and Special Structural Inspections.
Basic Services wit include structural oalcufations, preparation of 20 AutoCAD structural plans and details per the
noted scope above, and construction administration. Construction administration services include shop drawing
review and responding to RH type clarifications. Redesign and field repair engineering would be considered
outside the scope of basic services If the project entails multiple bid packages, phasing, nonstandard foundations,
or Building Information Modeling (BIM), lire above budget shall be adjusted accordingly.
Reimbursable Expenses are included in the Basic Services fee.
In rendering professional servkes, Caruso Turley Scott shall apply the skill and care ordinarily exercised by
structural engineers at the time and place the services are rendered. Schedules and timely available Information
from the architect, owner and other design consultants contribute to the completeness of the structural drawings,
As such, all projects should carry a contingency for potential coordination and value added Items, It Is
recommended that final bids not be taken until city review comments and coordination comments have been
incorporated. If documents are bid prior to city and coordination comments, the owner assumes the risk for
associated additional costs. In recognition of the relative risks, rewards and benefits of the project Caruso Turley
Scott's total lability excludes value added items and shall not exceed the amount of the structural engineering fee.
1215W. RIO Salado Plaw. As a consultant we shall neither have control over or charge of, nor be responsible for, the construction means,
Suite 200 methods, techniques, sequences or procedures, or for safety precautions and programs In connection with the
Tempe, AZ 85281 work, since these am solely the Contractor's rights and responsibilities.
T: (480) 774-1700
F: (480) 714-1701
writ =Alcorn

PAGE 2
MARICOPA COUNTY OET REMOTE SITES
CARVE)
TURE_EY FACUITIES UPGRADE
YOU SCOTT R STRUCTURAL OUTLYING AREA — MULTIPLE BUILDINGS
ENGINEERING EXPERTS
PHOENIX, AZ
May 20, 2014
Payments for Seivices as described above shall be made upon the present-4cm of the Engineer's invoice based
on time expended. Interest at 1.5% per month, compounded monthly, will be paid on all invoices after 30 days
from billing date.
In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay cost of collection,
including reasonable attorney fees. In the event that any portion of the account remains unpaid 30 days after
billing, this office may, without waiving any claim or right, and without liability whatsoever to the Client, suspend or
terminate the performance of all services If this contract meets with your approval, please sign, data and fax
or e-mail back to our office for authorization to proceed (4BB-731-1273 or iwages@ctsaz.corn).
Respectfully Submitted By Accepted By:
CARUSO TURLEY SCOTT INC. PEARSON EhIGINEERING
Thomas R. Morris, P,5_, I_EED AP Name:
Partner Title:
YAconols2A1411ora monis 2134,1ilim peamort - m primp,a *DI -- remote Date:
Mies faciDlos upgracleitan- maricopa oat - remote sl upgrade-
cfmcioak

Sum Total 25,990.33 $2590.33 Sum Total 11,71102 511,713.02
Lump Task $ Lump Task $
Profit 10% $2,362.76 82,362.76 Profit 10% $1,064.82 $1,064.82
Subtotal 623,627.58 623,627,58 Subtotal 648.20 510,648.20
$10
20, 2014 Overhead 150% $14,176.55 $14,176.55 Overhead. 150% 56,388.92 56,386,92
may - .
Direct Labor Costs 89,451.03 $9,451.03 Direct Labor Costs 54,259.28 54,259.28
No: - _
Contract Rate) $18.18 18.16 18.18 Rate) $18.18 72.72 72.72
Date: Administrative 1.0 1.0 Administrative y 4.0 4.0
($Hourl Hours ($11cur Hours
SERVICES PROPOSAL HOURS Rate) $29.10 0.00 0.00 Rate) $29.10 3259.20 3259.20
Inspector Inspector
ENGINEERING COST STAFF Field Hour] Hours 0.0 0.0 Field (SHourly Hours 112.0 112.0
SUMMARY ESTIMATED Hours Drafter Rate) $29,10 2648.10 2648.10 Drafter Rate) 529.10 145.60 145.50
STRUCTURAL Buildings) Labor AutoCAD y $Hour 91.0 91.0 AutoOAD (SHourly 5.0 6.0
(V Direct Hours Hours
Engineers Upgrade .. $36.37 5600.98 5600.98 Designer Rate) $30.91 556.38 556.38
Sites Engineer Rate
Structural Remote Project ($1-burl Hours 154.0 154_0 Structural' (SHourly Hours 18.0 16.0
Inc. ()ET .
Scott Rate $56.37 1183.77 1183.77 Rate) $56.37 225.48 225.48
County
Turley Prindpal/Mrtgr ($Hourly - 21.0 21.0 Principal/Mngr ($Hourty 4.0 4.0
Caruso Marioopa Hours Hours ...
TOTALS: TOTALS:
AP'
nspections Administration LEED
submitted: PE,
<MSC 11.1111,ET score' ;Sumac urgimit% Ni): Phase structural Construction Monis,
Firm: Project Project CTS Task Description Deslon Task Description pea and Phase Respectfully R.. Tom Partner

"EXHIBIT A"
Hourly Rates
Pearson Engineering Associates, Inc.
Title Direct Rate Hourly Billable Rate
Principal $50.48 $169.37
Project Engineer $46.44 $146.61
Project Manager $38.80 $122.49
Senior Designer $38.80 $122.49
GADD Drafter $24.00 $ 75.77
Clerical/Admin. $23.00 $ 72.61
Overhead Percentage 187%
Profit 10%
Arrington Watkins Architects
Title Direct Rate Hourly Billable Rate
Principal Architect . $176.00
Project Manager $146.00
Project Architect $117.00
Spec. Writer $117.00
Proj. Coord./Arch. in Train. $101.00
Drafter $ 77.00
Administrative $ 72.71
Multiplier 3.17
Overhead Percentage 67.7%
Profit 10%
' Caruso Turley Scott
Title Direct Rate Hourly Billable Rate
Principal/Manager $56.37 $155.02
Project Engineer $36.37 $100.02
Auto CAD Drafter $29.10 $ 80.03
Field Inspector $29.10 $ 80.03
Administrative $18.18 $ 60.00
Structural Designer $30.91 $ 85.00
Overhead Percentage 150%
Profit 10%

"EXHIBIT B"
Projected Design Hours
90% DESIGN REVIEW DOCUMENTS
Mechanical Principal 180 Hours @ $159.37 = $28,686.60
Mechanical Engineer 370 Hours @ $146,61 $54,245.70
Mech Senior Designer 100 Hours @ $122,49 = $12,249.00
Mech Draftsman 294 Hours @ $ 75.77 = $22,276.38
Electrical Principal 40 Hours @ $159.37 = $ 6,374,80
Sec Senior Designer 490 Hours @ $146.61 = $71,836.90
Electrical Designer 650 Hours @ $122.49 = $79,618.50
SUB-TOTAL = $275,289.88
100% DESIGN REVIEW DOCUMENTS
Mechanical Principal 29 Hours @ $159.37 = $ 4,621.73
Mechanical Engineer 48 Hours @ $146.61 = $ 7,037.28
Meat Senior Designer 27 Hours @ $122.49 = $ 3,307.23
Mech Draftsman 31 Hours @ $ 76.77 = $ 2,348.87
Electrical Principal 9 Hours @ $159.37 = $ 1,434.33
Elec Senior Designer 56 Hours @ $146.61 = $ 8,210.16
Electrical Designer 80 Hours @ $122.49 = $ 9,799.20
Clerical 6 Hours @ $ 72.61 = $ 435.66
SUB-TOTAL = $ 37,194.46
CONSTRUCTION ADMINISTRATIVE SERVICES
Mechanical Principal 80 Hours @ $159.37 = $12,749.60
Mechanical Engineer 451 Hours @ $146.61 = $ 66,121.11
Mech Draftsman 110 Hours @ $ 75.77= $ 8,334.70
Electrical Principal 140 flours @ $159.37 $ 22,311.80
Elec Senior Designer 630 Hours @ $146.61 = $ 92,364.30
SUB-TOTAL .= $201,881.51
POST CONSTRUCTION SERVICES
Mechanical Principal 14 Hours ©$159.37 = $ 2,231.18
Mechanical Engineer 125 Hours @ $146.61 = $18,326.25
Mech Draftsman 45 Hours @ $ 75.77 = $ 3,409.65
Electrical Principal 30 Hours @ $159.37 = $ 4,781.10
Elec Senior Designer 90 Hours @ $146.61 = $13,194.90
Electrical Designer 120 Hours @ $122,49 = $14,698.80
Clerical - 24 Hours @ $ 72,61 = $ 1,742.64
SUB-TOTAL = $ 58,384.52

COST SUMMARY
MECH/ELEC SUS-TOTAL =$572,750.37
ARCHITECTURAL . = $ 69,650.00
STRUCTURAL = $ .37,703,35
SPECIAL INSPECTIONS
SPEEDIE & ASSOCIATES =$ 6,400,00
CONTINGENCY =$ 27,800.00
ESTIMATED EXPENSES = $ 12,000.00
PROJECT TOTAL = $726,303.72

uwarit.speedie.neb
SPEE DIE
ANCIASSCOCIATES
Oa/steamloat • Environmental N Matcr1nI Eagbmere
May 21, 2014
Mr. James W. Kennelly
Pearson Engineering Associates
8825 N 23rd Avenue
Phoenix, .AZ 85021 ,
RE: Proposal for Special Inspection
& Construction Materials Testing
Marleopa County OET Remote Site Refresh
Building Numbers: 1216, 2029, 2310, 2823,
3801, 3832, 3846, 3853,3854, 3855,3856,
4166, 4170, 4306, 4307, 5105
Maricopa County, Arizona
PN140500
Dear M. Kennelly:
We hereby submit our proposal to perform construction materials testing and special inspection
services for the referenced project. All work will be carried out under the overall supervision of a
registered Professional Engineer in the state of Arizona.
Speedie and Associates is completely staffed and equipped to provide the necessary testing for this
project, We are accredited by AASHTO and participate in AMRL and CCRL Laboratory Inspection and
Reference Sample Programs, as well as being an ADOT referee laboratory. Our technicians participate in
the ACT, NICET, ATTI, AWS, ICEO, and EFS certification programs. Speedie and Associates meets or
exceeds all requirements contained within ASTME329, C1077, and D3666.
It is general policy of Speedie and Associates, Inc. not to perform special structural inspection
on projects where the structural engineer of record is available to do so. Should the engineer of record be
unable or unwilling to perform such inspections, Speedie and Associates is fully-staffed to provide these
services.
We will provide, as scheduled by the responsible party, such personnel and equipment to observe
or test work performed. If not specified otherwise, all scheduled construction material testing and special
inspection services shall be performed on an on-call basis. Our personnel will perform observations, tests
and specimen preparation and will prepare a Daily Field Report for each day spent at the site. These
reports, together with all test data, will be transmitted on a timely basis to those parties designated by the
client.
4025 East sas Huntington 1 Feet Wood Drive, Street 0eite140• • Phoenix, Flagstaff, AZ 050404 AZ 89004 Phone • Phone 0302) (028) 957.539 $28-5691 Fx mom • Fax 24-8-5508 (929) 529-9555
51255. 47th Street • Tooson, AZ 95713 • Phone (5RD) 514-9411 *Pax (620) 514-9474

SPEEDO
ANDASSCICIATES
Routnohulnel • EnvIrannutntal Mutorktla Engl000ra
We have provided a budget estimate of $6,400.00 for the amount of work required for this project
based on a total of I trip per site (16 trips total). Additional trips will be charged on a per trip basis at
$400.00 each. Each trip will include inspector time, ft-awl and cats. It should be noted, however, that we
have no control over the contractor's construction methods and woik schedule, and actual charges may
vary. Please note, reinspection trips are not included in the above rate.
Any additional office support and other services provided at your specific request will be billed
per our standard Fee and Rate Schedule and Schedule of Fees for Laboratory Testing. Rates on Sundays
and holidays will be increased by 20 percent, Invoices will be submitted on a monthly basis for work
completed, to be paid within 30 days,
Reimbursable subcontractor charges can be paid directly by the client to the extent of such charges
or will be added to our invoices plus an additional 25% handling fee.
We appreciate the opportunity to submit this proposal for your consideration. If our budget
estimate, unit rates and standard terms and conditions as attached are satisfactory, please sign the proposal
and- return it for our records. We look forward to working with the members of the construction team on
this project.
Respectfully sub • ed,
sprig rd I & AS TES
Edda rae
Project Manager
Attachments
APPROVED AND ACCEPTED
For:
By:
Date:
Maricopa County CET Romta Site Rarest' 05/2014 - Pogo 2
PEMOILEnginuering Assoolatos

OPEEDIE
ANDASSOCIATES
Gententulloal • Etwiranntantal • Materibts Enginners
uNrr RATE SCHEDULE
DESCRIPTION OP SERVICE '
1, On-oall Fireproofing Inspection Services (as required)
a. Sprayed Applied/ intunaesesent Fireproofing Inspection_ $400.00/trip
b. Laboratory Density (holuded)
0. Dip Charges (included)
2. Office Support:Intequired
a. Project Engineer (included)
Nato: DON not i110111d0 reillSpeCtiCtik
Maricopn County OM Remota Mtn Wash 05/2144 Pogo S
Ptersou )37110nm:in& Associnten

greerm
Bemoanled• Emirarmientisl I Moteriatu Ertylneern
TERMS AND CONDITIONS
1. STANDARD performing OP CARE our professional engineering services, Speed's & Associates, Inc. (S&A) will use the
degree In of care and skill ordinarily exercised by members of our profession currently practicing in
the same tonality under similar conditions. No warranty, expressed or Implied, is made or Intended
by our proposal for consulting services, our contract oral or written reports, or services.
2. SCOPE OF SERVICES
2.1 "ON-CALL" Unless otherwise SERVICES agreed by both parties in writing, all construction materials testing will be
performed on an Non-cair basis. Both parties agree that test results for "on-call" testing, where only the
CLIENT does not request S&A's continuous construction and field observation, will be based
on the representative sample or limited location tested.
22 CONSTRUCTION/FIELD OBSERVATION extensive or OR full-time REMEDIATION project observation OBSERVATION to help reduce the risk of
If the CLIENT arising desires during more construction, the CLIENT shall request such services ste-lAdditionai
• Services" problems in accordance with the terms of this agreement Should the CLIENT for any reason
choose not to have S&A provide censtruction or field observation during the implementation assignment of
S&Rs specifications or recominendatIons, or should the CLIENT unduly restrict by law S&A's waive any claim
• a observation personnel, CLIENT shalt, to the S&A fullest harmless extent from permitted any claim or liability for injury or
against SegA, and indemnify, defend, and hold caused by findings, conclusions, recommendations, plans
loss arising from developed fled problems by allegedly S&A, CLIENT also shall compensate S&A for any time spent or
or expenses.incurred specifications by S&A in defense of any such claim. Such compensation shall be based upon
S&Als prevailing fee and rate schedule.
3. OWNERSHIP All reports, OF DOCUMENTS plans, specifications, field data, notes and other documents prepared by S&A shall
remain the property of S&A. Any reuse of such documents for other purposes must be with the
written bonsent of S&A.
SAFETY While on a CLIENTS jobsite, S&A's personnel have no authority to exercise any control over any
construction contractor, any other entity, or their employees in connection with their work, health or
safety precautions. The CLIENT agrees that the General Contractor is solely responsible for
jobelle safety and warrarits that this intent shall be made evident in the CLIENT'S agreement with
the General Contractor. The CLIENT may be charged for additional work for Interruption, downtime
required, or safety measures required by hazardous job conditions.
6. INSURANCE Upon request, S&A will furnish certificates of Insurance for Workers Compensation, General and
Auto insurance, and Professional En -ore or Omissions Insurance. S&A is not responsible for
damage of any cause beyond the coverage of Its insurance,
6. INDEMNIFICATION
6.1 ENVIRONMENTAL Ills understood and SERVICES agreed that should the CLIENT hire S&A in matters involving the actual or
potential presence of hazardous substances, the CLIENT will indemnify S&A, and its employees
and representatives, from and against claims that are the result of negligent acts or omissions on
the part of the CLIENT, Its employees or representatives. S&A will indemnify on the the CLIENT part of S&A, from and its
against claims that are solely the result of negligent acts or omissions
employees or representatives.
Page 2 4:43 Initials
Revised 1/1112

WARYPE
eleltant0211)• EnvIrocroantel w Mettatile EvInRara
62 NONENVIRONMENTAL SERVICES
Both parties agree that S&A's scope of services will not include asbestos, hazardous or toxic
materials. Should itkbecome known in anyway that such materials may be present at the jobsite Or
adjacent area that may affect the performance of S&A's services, S&A may suspend its earvicee
without any liability until the CLIENT retains appropriate consultation to Identify, abate, and/or
remove the asbestos, hazardous or toxic materials and warrante that the jobsite Is In compliance
with applicable 'laws and regulations. The CLIENT will indemnify S&A and his employees and
repreeentatives farm and against claims that are the result of negligent acts or omissions on the
part of the CLIENT, his employees and iipresentatives. S&A shall indemnify the CLIENT inn and
against claims, which are solely the result of negligent acts or omissions on the part of S&A, Its
employees and representatives.
LIMITS OF UABIUTY
The CLIENT agrees that S&A shall not be liable for losses caused by or arising from any acts of the
CLIENT, his employees or subcontractors. Should any of Wks employees be found to have been
negligent in the performance of professional services rendered, the CLIENT agrees that the
Maximum aggregate amount of Seas liability shall be limited to $50,000.00 or the amount of the
fee paid to S&A for professional services, whichever amount is greater.
,S. WAIVER OF LIMITATION OF PROFESSIONAL LIABILITY
In the event the CLIENT is unvAlling or unable to limit liability in accordance with the paragraph
above, then CLIENT shall agree to pay S&A a sum equivalent to an addIttortal 20% of thetotal fee
to be charged for the professional services. Said sum is to he called 'Waiver of Limitationi of
liability Charge." This charge will In no way be construed as being a charge for Insurance of any
type, but will be increased consideration for the grea ter risk involved In performing the work up to
the limit of proceeds available from SBA professional:insurance coverage.
a. SAMPLE DISPOSAL
9.1 NON-HAZARDOUS SAMPLES
Test samples are substantially altered during testing and are disposed of immediately upon
completion of tests. Drilling samples are disposed of thirty (30) days after submission of our report.
If requested in writing, samples can be held after thirty (30) days for an additional storage fee, or
returned to the CLIENT.
92 HAZARDOUS SAMPLES
If toxic or hazardous substances are Involved, S&A will return such samples to the CLIENT. Or
using a manifest signed by the CLIENT, S&A will have such samples transported to a location
selected by the CLIENT for final disposal. The CLIENT agrees to pay all costs for storage,
transport and disposal of samples. The CLIENT reccignfzes and agrees that SBA is acting as a
bailee and at no time assumes title to samples Involving hazardous or toxic materials.
10. PAYMENT
Progress invoices will be submitted to the CLIENT monthly with a final billing at completion of
services, Invoices are due and payable upon receipt. The CLIENT agrees to pay a finance
charge of 1.9 % per month on all past due accounts over thirty (30) days. The CLIENT'S obligation
to pay for all work contracted is in no way dependent upon the CLIENT'S ability to obtain financing,
zoning approval, or the CLIENTS successful completion of the project S&A reserves the right to
suspend work under Its agreement lithe CLIENT fails to pay invoiced as due. The CLIENT agrees
to pay all costs for collection of payment, including aftorney's fees.
11. LITIGATION' ,
In the event of litigation between parties to this agreement, if S&A is the prevailing party, S&A shall
be entitled to recover all related casts, expenses, and reasonable attorney fees.
Page3 Initials
RevisedIAM2

Janus -1/4
11
,
December
November
October
51PIIIEMEE11511EIFEJMIMEMENBEERMIMMILMIMIIIIMIGIOIMEIMEMITAIEHNIFFNINIMIKU
.tembor
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iggeMANINEI I Micstone
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External External DeaclIne
;Schedule ONSEMEMENERM 1
IMIERMENUMEN Page
Jul .1111..111111111.1.
• VIIII
618
Summary
8/29/14 818/14 8115/14 8(22114 8/23114 12/31114 .e/19/14
Finish Fri Fri Fri Fr/ Fri r.l . Milestone Summary Project
Wed . - Wea
- . .
6/1S/14 8115114 6i23/14 7(17/14 7/4/14 8114114 8714N 6/4/14-
Start Mon Mon Mori MU Thu Thu -.211111 iiiiiiiiiii::]:iiiiiiili 11111I111111111111111111
' .
days clays days •• days ays days? 166-cliyi;Wu'
Duration 55 .40 40 27 27 10.0 --.......2143-
: "
. • . • •-• • Task Split Progress
• • • • ' • -
•S•. cripermil .
Cnk ADMINIgiRATION
BackgroUncis Building
Review drwgs.
100
Orig. 90% 100% permits SL
Surveys Construction Sites
Name Site Develop Subimli Submit CONSTRUCTION Obtain
DESIGN Remote 7/8/14
Task Tue
ID 1 2 3 4 5 8 7 8 Project: Date: