13004-CONTRACT.PDF

MASTER PLANNING AGREEMENT
MARICOPA COUNTY, ARIZONA
Court Facilities Master Plan
Office of Procurement Services
Serial # 13004-ROQ
C-
Facilities Management Department
MARICOPA COUNTY, ARIZONA

CONSULTANT AGREEMENT
This Consultant Agreement (“Agreement”) is dated 2013, and is between Maricopa
,
County, hereafter “County”, acting by and through its Board of Supervisors, and Architekton,
(“Consultant”) for Consultant services related to 13004-ROQ, Court Facilities Master Plan
(“Project”) described on Exhibit A.
1.0 AGREEMENT
11 Documents: This Agreement constitutes the entire contract between County and
Consultant for services related to the Project and supersedes all prior and
contemporaneous communications, representations and contracts, oral and written, with
respect to its subject matter. This Agreement incorporates the following documents(s):
Exhibit: Exhibit Title: Exhibit Date:
Exhibit-A Scope of Services August 19, 2013
Exhibit-B Schedule August 19, 2013
Exhibit-C Hourly Rates August 19, 2013
Exhibit A is incorporated for the limited purposes of establishing Consultant’s Services [omit if
the proposal is not attached as Exhibit A]. The incorporation of Exhibit A is only for the
purpose of identifying the services.
1.2 Conflicts: Ifa conflict, ambiguity or other discrepancy exists in the interpretation of this
Agreement, Consultant must comply with the more stringent obligation, duty and
responsibility.
Amendments: No subsequent agreement between County and Consultant binds
on either party unless it is in writing and signed by the authorized representative
of both County and Consultant. Maricopa County Office of Procurement Services
shall be responsible for approving all amendments for Maricopa County.
2.0 COMPENSATION
2.1 Basic Compensation. For proper performance of Basic Services, subject to Article 5.0,
County will pay Consultant the lump-sum fee of $697,972.00 as outlined in Exhibit A.
2.2 Additional Compensation. For proper performance of properly authorized Additional
Services, subject to Article 5.0, County will pay for Consultant on a lump sum or on an
hourly basis in accordance with the hourly billing rates stated in Exhibit C. Such services
must have been requested by County in writing before any work is performed or the
services will not be compensated.
2.3 Reimbursable Expenses. In addition to Compensation, subject to Article 5.0 County will
pay the reasonable costs and expenses incurred by Consultant in the performance of this

Agreement. Such costs and expenses must have been requested by County in writing
prior to being incurred or they will not be paid. The County has approved a not to exceed
amount of $51,150.00 in re1mbursable expenses. The total basic compensation does not
include the reimbursable expense.
A. Reimbursable expenses may be approved for:
1. Printing costs by a non-COUNTY contracted printing service vendor, if requested by the
COUNTY.
Approved travel expenses where travel is required as part of the project scope shall be
billed by CONSULTANT only for those travel expenses that are in compliance with the
County’s Vendor Travel Policy and travel expenses shall be pre-approved by the County
in writing.
B. Costs associated with normal office supplies and equipment expenses shall not be considered
as Additional Reimbursable Expenses paid by the COUNTY as these costs shall be
considered as normal overhead and operating costs which are factored into the
CONSULTANTS fee. Normal overhead and operating costs shall include but are not limited
to:
= Paper, pens, pencils, copier supplies, and computer media.
Drafting supplies tools & equipment.
Telephone and facsimile equipment, rental & toll charges.
Office rental, utility, and other overhead expenses.
SANDMBWN
Plan and specification reproduction costs for CONSULTING review purposes.
Postage and delivery costs.
Use or rental of computer equipment or related supplies.
Overtime work necessary to meet deadlines stipulated within the COUNTY’S Notice to
Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the
COUNTY will not pay for any of the following expenses of the CONSULTANT:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the CONSULTANT or its sub-consultants to attend project
related meetings located within the State of Arizona.
3. Meal costs for employees of CONSULTANT or its sub-consultants whether or not
employees of the COUNTY are in attendance for meetings or other gatherings related
to project work for the COUNTY, except where authorized in writing in advance for
out-of-state consultants/sub-consultants traveling to Arizona or out of state travel
related to the assignment.
D. Unless specifically authorized in writing, the CONSULTANT shall use the COUNTY
contracted printing vendor for all reproduction work if such copies are required by the
COUNTY.

E. The CONSULTANT shall accompany each payment request for Reimbursable Expenses
with a copy of the original vendor invoice for any and all Reimbursable Expense costs. The
COUNTY reserves the right to reject any and all requests for payment of Reimbursable
_Expenses costs where no invoice or receipt is attached.
F. The CONSULTANT shall only be paid the actual amount charged to the CONSULTANT by
the original vendor for Reimbursable Expenses.
2.4 Prompt Pay. Consultant agrees to discharge all its obligations and to make payments to its
subcontractors and suppliers in accordance with A.R.S. § 32-1129.
3.0 SERVICES
“Services” refers to all Basic and Additional Services as follows:
3.1 Basic Services. Consultant will perform all services required of it in Exhibit A and all
other services customarily provided by other consultants performing the same or similar
services on projects of the same or similar size and complexity (“Basic Services”).
3.2 Additional Services. Consultant will perform other services within its expertise, but not
part of Basic Services, if and only to the extent such services have been requested in
writing by County (“Additional Services”). County has no obligation to compensate
Consultant for any Additional Services performed without prior written authorization;
Consultant has a duty to notify County immediately by telephone, and confirm in writing
within two (2) business days, following the occurrence of any event, condition or
circumstance that may require Consultant to perform Additional Services. County is not
obligated to authorize any Additional Services, except to the extent such Additional
Services are authorized in writing by County prior to their being performed by
Consultant.
3.3 Extent of Services. Consultant has a duty to perform all Services reasonably expected of
a properly qualified and competent consultant performing in the same or similar services
on projects of similar size and complexity.
4.0 SCHEDULE
4.] Timely performance is a material obligation and stated time limitations are of the essence
in this Agreement. Consultant has duty to perform all Services in accordance with the
time requirements stated in Exhibit “B”. In all instances, Consultant will perform the
Services expeditiously, in accordance with the Schedule so as to cause no delay to the
County.
5.0 PAYMENT
5.1 Withholding. County may withhold from payment to Consultant any amount which the
County determines in good faith to be reasonably necessary to protect County from loss

resulting from Consultant’s failure to have complied with a material obligation of this
Agreement.
5.2 Invoicing. Consultant will submit a monthly invoice by the fifth (5") day of each
calendar month. Each invoice will itemize in detail the full amount of Compensation and
Reimbursable Expenses incurred through the last day of the preceding month. Proper
documentation must accompany each invoice in a form reasonably acceptable to County.
At a minimum, proper documentation includes, but is not limited to, the following
information current through the date of Consultant’s invoice: (1) project number; (2)
project name and description; (3) name of County’s authorized representative or project
manager; (4) invoice number and date of invoice; (5) detailed description of services
rendered and dates of performance; (6) service type (contract installment, or hourly
additional services); (7) contract amount (by phase); (8) percentage complete (by phase);
(9) invoice amount (by phase — current and previous); and (10) amount invoiced to date.
Consultant will submit invoices to the County electronically. Consultant represents that
the information contained in each invoice is true and correct.
5.3 Taxes. Every payment to Consultant under this Agreement is inclusive of every kind of
tax, duty, withholding, assessments and other levies imposed by any tax authority with
jurisdiction over such payment.
5.4 Hourly Rates. The hourly rates stated in Exhibit C are applicable to the position for
which the rates are specified. Substitution or replacement of an individual in any position
does not result in any increase to the corresponding hourly rate. Consultant’s hourly rates
are fixed from the date of this Agreement, extending for the duration of the Project.
Thereafter, Consultant may request in writing an adjustment to the hour rates, which will
occur only following County’s written approval.
5.5 Payments to Third Parties. Consultant will promptly pay all subcontractors, vendors,
suppliers and other third parties furnishing to Consultant any services, labor or materials
related to the Project. Consultant has a material obligation to pay such third parties
within the shorter of the maximum time period permitted by applicable law or (30)
calendar days. All 3™ party payments shall be billed to the County without mark-up.
6.0 INSURANCE
6.1 Insurance Policies & Minimum Coverage Limits. During the Coverage Term described
in Section 6.2, Consultant has a duty to procure and maintain the Insurance Policies
stated below with the minimum limits of liability equal to or greater than the minimum
Coverage Limits required below. Certificates of each insurance must be provided to
County. Thirty (30) days advance notice of alteration or cancellation of coverage must
be supplied to County. All premiums for insurance coverage required by the Agreement
are the sole responsibility of Consultant and included in Consultant’s Compensation. The
required Insurance Policies and Minimum Coverage Limits are:

Insurance Policies: Minimum Coverage Limits:
Workers’ Compensation Statutory
Employer’s Liability $1,000,000 (Per Occurrence/A ggregate)
General Liability $2,000,000 (Per Occurrence/A geregate)
Automobile Liability $1,000,000 (Per Occurrence/A gegregate)
Excess (Umbrella) Liability $1,000,000 (Per Occurrence/A geregate)
Professional Liability $1,000,000 (Per Occurrence/A geregate)
6.2 Coverage Term. Each policy of Professional Liability insurance will be a claims-made
policy and will be retroactive to the earlier of the date of this Agreement or the actual
date of commencement of the Services. All Insurance Policies continue during
performance of this Agreement and for a period extending until six (6) months following
the date of Completion of the Project.
6.3 Evidence of Insurance. Prior to commencing the Services, Consultant has a duty to
provide County with a certificate of insurance evidencing compliance with the
requirements of this Agreement. Each certificate will stipulate that if the required
insurance policies are to be altered or canceled prior to completion or termination of this
Agreement, the issuing company will provide County at least thirty (30) days’ prior
written notice of such event. County’s receipt of Consultant’s certificate(s) of insurance
is a condition preceding Consultant’s right to any receive payment of any amount under
this Agreement. The failure to provide certificate(s) of insurance with fifteen (15) days
following the date of this Agreement is a material nonperformance.
6.4 Representation & Warranty of Insurance Coverage. Consultant represents that it now
carries and will continue to maintain during the Coverage Term the Insurance Policies
and Minimum Coverage Limits stated in this Article. During the Coverage Term,
Consultant warrants that it will maintain the Maintain Coverage Limits stated in this
Article and that its insurance policies are and will remain in compliance with the
following: (1) County is named as an additional insured on Consultant’s General
Liability and Automobile Liability policies; (2) each of Consultant’s insurance policies
is primary to, non-contributing and not in excess of any other insurance availabie to
County.
7.0 INDEMNIFICATION
7.1 Consultant’s Duty to Indemnify. To the fullest extent permitted by law, the Consultant
shall defend, indemnify and hold harmless the County, its agents, representatives,
officers, directors, officials, and employees from and against all claims, damage 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 acts, errors, omissions or mistakes of the Consultant, its agents,
representatives, employees, or subcontractors relating to the performance of this
contract. Consultant’s duty to defend, indemnify and hold harmless the County, its
agents, representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage loss or expense that is attributable to bodily injury,
sickness, disease, death or injury to, impairment, or destruction of property, including
loss of use resulting therefrom, caused by any acts, errors, omissions or mistakes of the
Consultant in the performance of this contract including any person for whose acts,
etrors, omissions or mistakes, the Contractor may be legally liable.
7.1.1. The amount and type of insurance requirements set forth below will in no way be
construed as limiting the scope of the indemnity in Article 7.1.
8.0 DELIVERABLES
8.1 Deliverables, Copyrights & Use. Upon execution of this Agreement, Consultant grants,
conveys and otherwise transfers to County all ownership and copyrights in all drawings,
specifications and other documents (electronic, paper, digital, photographic and other
media) prepared by Consultant under this Agreement (“Deliverables”). Consultant has
an unconditional duty to deliver all Deliverables to County on or before the date such
documents are required to be delivered under this Agreement or within seven (7) days
following receipt of a written demand for delivery by County, whichever is later.
Consultant’s failure to deliver the Deliverables in accordance with this Section is a
material breach of this Agreement. In no event is payment of compensation or any other
amount a condition precedent to the obligation to deliver the Deliverables as required by
this Section. Consultant may retain copies, including reproducible copies, of the
Deliverables for information, reference or other reasons required by law but such
Deliverables are confidential. Consultant will not make changes to any drawings,
specifications or other documents (including, without limitation, electronic files)
furnished to Consultant by County without prior written consent. All drawings,
specifications and other documents (electronic, paper, digital, photographic and other
media) provided to Consultant by County remain the property of County. County will
hold Consultant harmless if County uses the Deliverables for any purpose unrelated to the
Project. County will hold Consultant harmless if County uses the Deliverables for any
purpose unrelated to the Project without Consultant’s written consent or professional
involvement.
9.0 DISPUTES
9.1 Continued Performance. Pending resolution of any Dispute, Consultant has a duty to
continue performing the Services in accordance with this Agreement. County will
continue to pay Consultant properly due and undisputed amounts owed under this
Agreement.

9.2 Consolidation and Joinder. Consultant hereby unconditionally consents to consolidation
and joinder in any dispute resolution proceeding (including, but not limited to,
arbitration) in which County is a party and the matter in controversy results, in whole or
in part, from the actual or alleged act, error or omission of Consultant.
9.3 Exhibit D to this contract is incorporated herein as the sole method of resolving disputes
involving this Contact.
10.0 ANTI CORRUPTION/TERMINATION
The County hereby gives notice that pursuant to A.R.S. § 38-511A, this contract may be
canceled without penalty or further obligation within three (3) years after execution if any
personal significantly involved in initiation, negotiation, securing, drafting or creating the
contract on behalf of the County is, at any time while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract in any
capacity or a Contractor to any other party of the contract with respect to the subject
matter of the contract. Cancellation under this section shall be effective when written
notice from the County is received by all of the parties to the contract. In addition, the
County may recoup any fee or commission paid or due to any person significantly
involved in initiation, negotiation, securing, drafting or creating the contract on behalf of
the County from any other party to the contract arising as a result of the contract.
11.0 TERMINATION FOR CAUSE
County may terminate or suspend performance under this Agreement on the seventh (7°)
calendar day following Consultant’s receipt of County’s written notice of termination for
cause and for any reason including, without limitation, the convenience of County. The
term “cause” includes, without limitation: (1) actions which may result in a significant
detriment to County, (2) the material breach of this Agreement, (3) the failure to carry,
maintain or otherwise provide evidence that Consultant has procured the insurance
required by this Agreement; (4) The failure to timely perform the Services; (5) the failure
to deliver the Deliverables as required by this Agreement; and (6) the failure to pay third
parties as required by Section 5.5. On the effective date of termination or suspension
Consultant has a duty to immediately cease further performance of the Services and
promptly take such actions as are reasonably required to secure the Deliverables. Within
seven (7) days following receipt of notice of termination or suspension, Consultant has a
duty to: (a) deliver to County originals of the Deliverables (whether or not completed)
together with all confidential information and other documents which are the property of
County; and (b) submit to County a final invoice through the effective date of termination
or suspension. County’s obligation to pay an appropriate Consultant’s final invoice is
conditioned upon receipt of the Deliverables (current as of the effective date of
termination or suspension).
12.0 TERMINATION FOR CONVENIENCE
The County reserves the right to terminate the Contract, in whole or in part at any time,
when in the best interests of the County without penalty or recourse. Upon receipt of the

written notice, the Consultant shall immediately stop all work, as directed in the notice,
notify all subcontractors of the effective date of the termination and minimize all further
costs to the County. In the event of termination under this paragraph, all documents, data
and reports prepared by the Consultant under the Contract shall become the property of
and be delivered to the County upon demand. The Consultant shall be entitled to receive
just and equitable compensation for work in progress, work completed and materials
accepted before the effective date of the termination.
13.0 SUSPENSION OF WORK
The County may order the Consultant, in writing to suspend, delay, or interrupt all or any
part of the work of this Contract for the period of time the County Procurement Officer
determines appropriate for the convenience of the County.
If the performance of all or any part of the work is, for an unreasonable period of time,
suspended, delayed, or interrupted (1) by an unreasonable act of the Procurement Officer
in the administration of this Contract, or (2) by the Procurement Officer’s unreasonable
failure to act within the time specified in this contract (or within a reasonable time if not
specified), an adjustment shall be made for any increase in the cost of performance of the
contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or
interruption, and the contract modified in writing accordingly. However, no adjustment
shall be made under this provision for any suspension, delay, or interruption to the extent
that performance would have been so suspended, delayed, or interrupted by any other
cause, including the fault of negligence of the Consultant, or for which an equitable
adjustment is provided for or excluded under any other term or condition of this contract.
A claim under this provision shall not be allowed:
For any costs incurred more than 20 days before the Consultant shall have notified the
Procurement Officer in writing of the act or failure to act involved (but this requirement
shall not apply as to a claim resulting from a suspension order); and
Unless the claim, in an amount stated, is asserted in writing as soon as practicable after
the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
14.0 NEGOTIATION CLAUSE
Recovery of damages related to expenses incurred by Consultant for a delay for which
the County is responsible, which is unreasonable under the circumstances and which was
not within the contemplation of the parties to the contract, shall be negotiated between
Consultant and the County. This provision shall be construed so as to give full effect to
any provision in the contract which requires notice of delays, provides for arbitration or
other procedure for settlement or provides for liquidated damages.

15.0 COMPLIANCE WITH LAWS
Consultant is required to comply with all Federal, State and local ordinances and
regulations. Consultant’s signature on this contract certifies compliance with the
provisions of the I-9 requirements of the Immigration Reform Control Act of 1986 for all
personnel that Contractor and any subcontractors employ to complete this Project. It is
understood that the County shall conduct itself in accordance with the provisions of the
Maricopa County Procurement Code.
The Contractor warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
(1) That the Consultant and its sub-contractors, if any, warrant their compliance with
all Federal immigration laws and regulations that relate to their employees and
their compliance with A.R.S. § 23-214, subsection A; After December 31, 2007,
every employer, after hiring an employee, shall verify the employment eligibility
of the employee through the e-verify program and shall keep a record of the
verification for the duration of the employee’s employment or at least three (3)
years, whichever is longer.
(2) That a breach of a warranty under subsection | above, shall be deed a material
breach of the contract that is subject to penalties up to and including termination
of the contract(s);
(3) That the contracting government entity retains the legal right to inspect the papers
of any Consultant or subcontractor employee who works on the contract to ensure
that the Consultant or subcontractor is complying with the warranty provided
under subsection 1 above and that the Consultant agrees to make all papers and
employment records of said employee(s) available during normal working hours
in order to facilitate such an inspection.
(4) That nothing herein shall make any Consultant or subcontractor an agent or
employee of the contracting government entity.
16.0 SBE PROGRAM
It is Maricopa County’s policy to endeavor to ensure in every way possible that small
business participation firms shall have the opportunity to provide professional services,
materials, and contractual services to the County in a nondiscriminatory manner.
17.0 SBE PARTICIPATION PAY FORM
This form is to be submitted with each pay application or invoice. Any pay application
or invoice without this form attached is subject to rejection as not being a completed pay
application or invoice pursuant to the terms of the contract.

18.6 ANTI-DISCRIMINATION PROVISION
Consultant agrees not to discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, disability, or national origin, and further agrees
not to engage in any unlawful employment practices. Consultant further agrees to insert
this provision in all subcontracts hereunder.
19.0 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 unethical conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
(1) A person offering or providing a gratuity, gift, tip, present, donation, money
entertainment or educational passes or tickets, or any type valuable contribution
or subsidy;
van — That is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind.
If a person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by
the Maricopa County Procurement Code, any remedy in equity or in the law, or any
remedy provided by this contact.
20.0 AUDIT RIGHTS
In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor
agrees to retain all books, records, accounts, statements, reports, files, and other records and
back-up documentation relevant to this Contract for six (6) years after final payment or until
after the resolution of any audit questions which could be more than six (6) years, whichever is
latest. The County, Federal or State auditors and any other persons duly authorized by the Office
of Procurement Services shall have full access to, and the right to examine, copy and make use
of, any and all said materials.
If the Contractor’s books, records accounts, statements, reports, files, and other records and
,
back-up documentation relevant to this Contract are not sufficient to support and document that
requested services were provided, the Contractor shall reimburse Maricopa County for the
services not so adequately supported and documented.
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The
course of action to address the disallowance shall be at sole discretion of the County, and may
include either an adjustment to future claim submitted by the Contractor by the amount of the

disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor
by issuing a check payable to Maricopa County.
21.0 MISCELLANEOUS
21.1 Severability. If any provision or part of a provision of this Agreement is determined to
be superseded, invalid, illegal, or otherwise unenforceable under any Applicable Law or
court order, such determination will not impair or otherwise affect the validity, legality,
or enforceability of the remaining provision or parts of the provision of the Agreement,
which remain in full force and effect as if the unenforceable provision or part were
deleted.
21.2 No Waiver. The failure of either party to insist, in any one or more instances, on the
performance of any obligation or right under the Agreement does not constitute a waiver
or relinquishment of such obligation or right with respect to future performance.
21.3 Independent Contractor. Consultant is an independent contractor, not an employee of
County. Without limiting the foregoing Consultant acknowledges and agrees that County
will not include employees of Consultant in any of its employee benefit plans and
Consultant will pay taxes on payments received.
21.4 Successors and Assigns. County and Consultant, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other party to this Agreement
and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Party will assign, sublet or transfer
any interest in this Agreement without the written consent of the other, provided.
21.5. Consultant. No portion of the Services may be subcontracted to any other party without
the prior written consent of County. In the event such consent is given, Consultant must
include in all subcontracts terms and conditions which bind each sub-consultant to
Consultant to the same extent Sub-consultant is bound to County in this Agreement
including, but not limited to, the payment, indemnification, dispute resolution and audit
terms. Nothing contained in this Agreement creates a contractual relationship with or a
cause of action in favor of a third party against either Consultant or County.
21.6 Counterparts. This Agreement may be executed simultaneously in two or more
counterparts, each of which is deemed an original. When proving this Agreement, it is
only necessary to produce or account for the counterpart signed by the party against
whom the proof is being presented.
21.7 Notices & Authorized Representatives. Notices are sufficient if in writing and delivered
by hand, email or by regular mail to the authorized representative of the other party;
notices sent by regular mail will also be transmitted by facsimile or email at the time of
mailing. Unless otherwise designated in writing, the signatories to this Agreement are
the parties’ authorized representatives for all purposes.

22.0 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
22.1 The undersigned (authorized official signing for the Consultant) certifies to the
best of his or her knowledge and belief, that the Consultant, defined as the
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primary participant in accordance with 45 CFR Part 76, and its principals:
22.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any Federal Department or agency;
22.1.2 have not within 3-year period preceding this Contract been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
22.1.3 are not presently indicted or otherwise criminally or civilly
charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (2) of
this certification; and
22.1.4 have not within a 3-year period preceding this Contract had one or
more public transaction (Federal, State or local) terminated for
cause of default.
22.2 Should the Consultant not be able to provide this certification, an explanation as
to why should be attached to the Contact.
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22.3 The Consultant agrees to include, without modification, this clause in all lower
tier covered transactions (i.e. transactions with subcontractors) and in all
solicitations for lower tier covered transactions related to this Contract.

IN WITNESS WHEREOF: One (1) identical counter parts of this contract, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the parties
ve named, e date and year first above written.
as nn By:
caay S Its duly authorized
a
By: ese ed (4. SalvATbce
Printed Name Signature
Title: FB ING pat Date:
Blo- 06166413
Tax Identification Number Vendor/Payment Terms
Maricopa County
RECOMMENDED BY: BOARD OF SUPERVISOR’S APPROVAL:
By:
Facilities Management Department Director Chairman, Board of Supervisors
Date Date
LEGAL REVIEW: ATTEST:
Approved as to form and within the
powers and authority granted under
the laws of the State of Arizona By:
Clerk of the Board
Legal Counsel Date Date
NIGP Commodity Code (Advantage)

EXHIBIT A
Consultant to prepare scope of work (mentioning milestones
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and/or phases).

wean architekton. corn
ARCHITEKTON
August 19, 2013
Mr. Brian Garcia
Maricopa COUNTY OFFICE OF PROCUREMENT SERVICES
320 W. Lincoln Street
Phoenix, AZ 85003
Re: 13004-ROQ Courts Facilities Master Plan Services- REVISED (8-19-13)
Serial #13004
Dear Mr. Garcia,
On behalf of our entire Master Planning team, | would like to present this fee proposal for design
services for the Maricopa County Courts Facilities Master Plan Services. | am in receipt of the draft
contract sent by you on July 17, 2013 via e-mail transmission. A letter from you accompanied the draft
contact defining your expectations for the proposal. This fee proposal letter is in response to the
Request for Proposal to provide the necessary services.
The Architekton design team is comprised of the following team members. Their fees for the requested
services are included in the fee matrix attached to this letter. Architekton will enter the contract with
the County while the team members listed below will enter contracts with Architekton for these
services.
Basic Services Team:
Architekton Architecture
Steinmann Facilities Development Consultants Court Programming & Planning Experts
Straub & Associates Court Operations Experts
Abacus Project Management Cost Estimators
Henderson Engineers Mechanical, Electrical, Plumbing, Fire Protection,
Systems Engineers
Facility Assessment Consultant Team:
Convergent Technologies Audio/Visual Systems, Acoustic Engineering
(Allowance, as needed)
CivTech Traffic - Parking Consultant (Allowance, as needed)
Architekton/Jason Comer Real Estate Assessment (Allowance, as needed)
Dibble Associates Civil Engineering (Allowance, as needed)
The information used by the design team to develop their fee proposals was gleaned from the original
RFQ package published by the county, the information gathered from the interview, the information
received via phone conversations between Dan Straub and Hugh Gallagher, the terms and conditions
found in the draft contract, the letter from you defining the services requested by the County, and the
information received during our July 30-31, 2013 meetings at FMD.
4&4 § Parmer Ave, Sulte 101, Tempe, AZ 85281
T 480 89444637 FF 480 8944638

From the scope of the project and scope of the services as defined in the Request for Qualifications as
further defined in our scoping meeting on July 30, 2013, our team is offering the following services:
Scope of the Project
Master Planning Services are to be performed that may include developing a detailed plan of current
and future space needs and developing a master plan considering the current facility and property
assets of the County occupied by the Superior Court and all departments now or that could be co-
located within those facilities that support the Court.
The Courts Facilities Master Plan will utilize a 10-year planning period. National Court trends, best
practices, and emerging technologies will be identified in order to develop options for the use of
current court facilities and possible future facility requirements. The plan will identify implementation
costs and schedules associated with the renovation of existing facilities and the construction of new
courts facilities that would need to be completed within the 2014-2024 timeframe.
Scope of Basic Services
Phase 1: Initial Meetings with Office of Management and Budget (OMB), Facilities Management
(FMD) and the Superior Court
initial Strategy Meeting
This meeting is intended to layout the schedule, strategy, and sequence of events for the entire master
planning process. This meeting will include:
1. Final identification of the facilities and departments to be considered
2. Determination of the schedule including a rough estimate of the interview schedule, listing the
department and the individuals the programming team will survey
3. Identification of resources and data available (drawings and other documents) with the means
to obtain them
4. Determination of logistics, including inventory of existing facilities, access to existing facilities,
and where meetings will be held (a meeting with stakeholders will be held at the end of each
phase) and for the six court operations workshops and four master plan workshops
5. Compilation of project directory including the name and telephone number of all key team
members
Stakeholder’s and Technical Advisor's Meetings
Meet with major stakeholders to identify the long-term vision for the Superior Court (Superior Court,
Juvenile Courts, Clerk of the Superior Court, County Attorney (including Grand Jury), Juvenile County
Attorney, Correctional Health, Public Defense Services, Adult Probation, Board of Supervisors, MCSO
Transportation and Court Security).
Meet with technical advisors (County Manager, OMB, FMD, OET, Green Government, and Court
Facilities Administrator). Meet with Presiding Judge on scope and direction of the Master Plan from
Court’s perspective.

The meetings will include a discussion on:
A description of the purpose of the project and summary of scope and schedule
How to improve departmental efficiency
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How to best utilize existing facilities
Courts facility requirements
WV Other issues as identified
Phase 2: Data Gathering
Gather and organize data on existing facilities and departments.
1. Current Courts Facilities Master Plan (Information provides some departmental background
information)(Information furnished by County)
Existing staff and workforce in facilities (Information developed by Consultant)
Existing space allocations and present locations (Information furnished by County and
confirmed by Consultant)
Case processing and staffing changes related to ICISng* implementation *( iCiSng (the “ng” is for Next
Generation) is a multiyear project that will upgrade iCIS, the court’s electronic case management
system. The new system will modernize business processes and workflow and move the court away
from a paper driven workplace.)
County space standards for facilities (Information furnished by County)
Organization Charts (information furnished by County)
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Plans of existing facilities (Information furnished by County)
Facility Condition Index (FCI) of existing facilities (Information furnished by County)
Phase 3: Analysis and Development of Facility Use Plans
Analyze data on existing and proposed facilities and departments
Program Requirements
1. Develop space requirements for all departments that will occupy space at courts facilities
(current and projected) within the Downtown, Durango, Southeast Regional, Northeast
Regional and Northwest Regional campuses.
Identification of space deficiencies, excesses, and opportunities for to improve space utilization
efficiency
Effect of population growth on caseload demands
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Effect of jail population on caseload demands
Caseload volumes in all courts
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Trends and emerging technologies / Requirements for technology-based courtroom
upgrades/E-Court
Evaluate the effect on space requirements as the Clerk of the Superior Court moves towards e-
filing.
90 Identify national court trends and address those trends that may affect the Courts
identify best practices and address those that may have a positive impact on the Courts
10. identify the possible need for additional operating costs associated with any space
recommendations

Facilities Analysis
NOTE: Based upon the direction received during the Scoping Meeting, the master plan consulting team
will only provide updates to the FCI reports for the facilities identified by the county as needing such
review as limited to these buildings that will receive some expansion, or renovation to support future
court requirements.
However, the master plan consulting team will analyze each of the facilities on a cursory basis using the
facility's existing FCI as the basis of review. The team will visit the site to verify the accuracy of the
report and determine if the report completely identifies the building’s current condition. They will
meet with the FMD personnel responsible for the building’s maintenance to discuss the report and
building and provide a short narrative on their findings. This information will be used to inform the
master plan of any additional steps needed to be performed or constructed ensuring the viability of
the building for uses identified by the master plan.
The team will engage mechanical, electrical and plumbing engineers to review those systems if the
master plan has identified an existing building will be repurposed for future uses. Their goal will be to
identify what work in any will be required to ensure the system can serve the future use.
1. Analyze current and projected needs for each facility. Extended focus should be placed on the
Southeast Regional campus.
2. Evaluate quantity and locations for adequate parking
w Evaluate the possible relocation of facilities not currently located on a public transit route
4. Evaluate facilities to determine if existing security for judges is adequate and identify
opportunities to increase security
5. Analyze inmate transportation through court sites for efficiency and security and identify
underutilized holding cells
6. Analyze and identify opportunities for extended food services where required
7. Identify space vacated by departments that relocated to the South Court Tower in February
2012
8. Identify highest and best use for each facility. Extended focus should be placed on identifying
the highest and best use for:
a. East Court (floors 6,7,8, and 9)
b. County-owned land within the Avondale Municipal site
c. County-owned land at 105th Avenue and Van Buren
d. One West Madison
e. PNI Building in Mesa
9. Additional focus should be placed on space requirements for the following programs:
a. Cradle to Crayons (Downtown, Southeast Regional and Durango campuses)
Regional Homeless Court
aoe Video Court
Mediation Centers
Veteran’s Court
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Mental Health Court

g. Training or court and immediate support department staff
h. Self-Service Centers
10. Use an area factor approach to develop the space requirements for each department within
each site. The County will provide a floor plan indicating the area the department currently
occupies and the FTE count by market range title. The information for the South Court Tower
will be provided by the County.
11. Develop a Facilities Condition Index (FCI) report for the Northwest Regional Center (2029) that
identifies the Facility Condition Index (FCI) including the total current repair cost and estimated
replacement value. Determine the remaining life expectancy of the building if no further
repairs are performed.
12. Identify facilities that may be candidates for demolition based on the Facilities Condition Index
(FCI) (i.e. One West Madison) (Identify issues with the Northwest Regional modular facility.)
13. Analyze current utility infrastructure and identify issues and future growth requirements for
each facility.
14. Identify basic ADA requirements, deficiencies, and recommend corrective action for the
facilities that will be repurposed for future use in the new master plan. The sole goal of this
assessment will be to identify what costs this remediation work incurs during the repurposing
of the building.
This will include facility assessment observations of the parking to front door pathway,
doorway, maneuvering space, vertical transportation, restrooms and access way clearances
only. Visual assessment of the sloping tolerances will be noted in the facility assessment review
narratives but no extensive measurements of the sloping will be done at this time. The master
planning team will rely upon the County to implement full ADA modifications as required by
the enacted code at the time the renovation or remediation work is performed.
Stakeholder Review
1. Review Phase 1, 2 and 3 results with stakeholders in conjunction with the workshops and
discuss strategies for Phase 4
Presentation to FMD, OMB and the Presiding Judge for comment and direction
Present findings to Facilities Review Committee for information and discussion
Phase 4: Draft Master Plan Alternatives
identify recommended capital projects.
1. Develop alternative strategies for relocations, consolidations, and new facilities to meet the
Courts needs
Provide draft master plan to stakeholders
WN
Meet with stakeholders to discuss draft
Provide a master plan narrative
SNAP Provide major maintenance and capital costs for new and repurposed facilities
Provide implementation schedules (10-year timeframe)
Include renovations, demolitions, new facilities, utilities and site improvements
Review and discuss draft master plan with stakeholders. Build consensus for final master plan