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CONSTRUCTION MANAGEMENT AT RISK (CMR)
PROFESSIONAL SERVICES CONTRACT
Maricopa County Downtown Court Plaza Renovations
Office of Procurement Services
Serial # 220093-ROQ
Contract # 220093-ROQ
C-73-23-038-X-00
Project # 2022-09-29
Facilities Management Department, Maricopa County Arizona
Maricopa County Downtown Court Plaza Renovations
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CMR Professional Services Contract
Serial # 220093-ROQ
AGREEMENT BETWEEN THE COUNTY OF MARICOPA, ARIZONA
AND DESIGN PROFESSIONAL
-For-
CONSTRUCTION MANAGER AT RISK (CMR) PROJECT
PROJECT DELIVERY METHOD
THIS AGREEMENT made this 2nd day of November in the year 2022.
BY AND BETWEEN THE COUNTY OF MARICOPA, ARIZONA, hereinafter called the "Owner,”
and BWS Architects 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: Maricopa County Downtown Court Plaza Renovations
PROJECT NUMBER: 2022-09-29
CONTRACT NUMBER: 220093-ROQ
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CMR Professional Services Contract
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TABLE OF CONTENTS
PAGE #
SCOPE OF WORK ...................................................................................................................... 4
ARTICLE 1: DEFINITIONS ....................................................................................................... 5
ARTICLE 2: DP SERVICES AND RESPONSIBILITIES ....................................................... 8
ARTICLE 3: SUBCONSULTANTS ......................................................................................... 18
ARTICLE 4: OWNER’S RESPONSIBILITIES ...................................................................... 19
ARTICLE 5: PROJECT MANAGEMENT AND REVIEW PROCEDURES ....................... 19
ARTICLE 6: BASIS OF COMPENSATION ........................................................................... 21
ARTICLE 7: PAYMENTS TO DP ............................................................................................ 22
ARTICLE 8: INDEMNIFICATION AND INSURANCE ......................................................... 23
ARTICLE 9: PERFORMANCE ................................................................................................ 25
ARTICLE 10: OWNERSHIP OF DOCUMENTS................................................................... 26
ARTICLE 11: ALTERNATIVE DISPUTE RESOLUTION .................................................... 26
ARTICLE 12: SUSPENSION AND TERMINATION ............................................................ 30
ARTICLE 13: MISCELLANEOUS ........................................................................................... 30
EXHIBIT “A”: HOURLY RATES AND HOURS ................................................................... 37
EXHIBIT “B”: LUMP SUM AMOUNT ...................................................................................... 38
EXHIBIT ‘C’: Record Drawing Procedures ........................................................................... 39
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CMR Professional Services Contract
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SCOPE OF WORK
Design Professionals (“DP”) shall furnish Architectural and Engineering Services (“A/E 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, Construction Estimates, 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, review of Baseline and updated Construction Schedules, review work prepared by other
professional consultants and the Contractor, building commissioning, and other miscellaneous A/E
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 DP 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 A/E 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 DP Services shall be:
A lump sum, not to exceed (See Section 6.1 herein). (Exhibit ‘B’). 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 DP Services covered by the Authorization, the time to complete those DP
Services and the fee for those DP Services provided that when no agreement is reached as to the fee for
a particular Authorization to Proceed, payment for those DP Services will be made in accordance with
Section 6.1.
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CMR Professional Services Contract
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ARTICLE 1: DEFINITIONS
1.1
ADDITIONAL SERVICES: Those DP Services specified in Section 2.3.
1.2
AS-BUILT DRAWINGS: The As-Built Drawings (provided by the Contractor) 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 1.28 below for “Record 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 DP 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 Sub-consultants and
referred to in Section 2.2 of this Agreement to be used for permitting and construction of the Project.
1.8
CONSTRUCTION ESTIMATE: A detailed estimate of all construction cost, including but not limited
to all on-site and off-site construction activities, all utility designs, equipment and construction fees,
Contractor general conditions, general requirements, mark-ups and contingencies and escalation.
1.9
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.
1.10
CONSTRUCTION MANAGEMENT AT RISK: A process that allows an Owner to select a CMR
based on qualifications; makes 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; saves time and money; and reduces risk for the
client, Owner, DP and the CMR.
1.11
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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1.12
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.
1.13
CONTRACT TIME: The time between the date when the Notice to Proceed is issued to the CMR
and Final Completion of the Work.
1.14
COUNTY MANAGER: The chief executive officer of Owner.
1.15
DAY: Shall mean a calendar day.
1.16
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.
1.17
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.
1.18
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.
1.19
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.
1.20
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.
1.21
INSPECTOR: An employee or consultant assigned by the Project Manager or Construction Project
Manager to make observations of Work performed by the CMR.
1.22
MAXIMUM COST LIMIT: The maximum amount budgeted by Maricopa for the total cost of the
construction of the Work on the Project.
1.23
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.
1.24
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 and/or
Project Manager.
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1.25
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.
1.26
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.
1.27
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.
1.28
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.
1.29
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.
1.30
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.
1.31
SUBSTANTIAL COMPLETION: That date on which, as certified in writing by DP, the Work, or a
portion thereof designated by the Construction Project Manager or 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.
1.32
SUB-CONSULTANT: 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.
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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 A/E Services set forth 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.”
2.2.1
Programming and Schematic Design:
2.2.1.1
DP shall confer with the Director or Director’s designee to establish the Program
or program verification, consisting of a detailed listing of all functions and spaces
together with the square footage of each assignable space, gross square footage,
and a description of the relationships between and among the principal
programmatic elements. Based upon Owner’s input, DP shall establish a design
concept which shall incorporate environmental and visual elements. Design of the
Project is to include wastewater, storm water, drainage, parking, lighting and any
other design element necessary to complete the facility.
2.2.1.2
DP shall prepare and present, for approval by Owner, a Design Concept and
Schematics Report, comprising the Schematic Design Studies, including
identification of any special requirements affecting the Project. All presentations
shall be made to FMD and approved prior to proceeding with further design.
Written approval from FMD is required prior to the release of any information to
the end user or stakeholders.
2.2.1.2.1 Schematic Design Documents shall consist of but not be limited to site
and floor elevation plans, elevations, sections, etc. as required by the
Project Manager and the scale of the relationship of the parts and
design concept of the Project and shall also include a review of all
Building Codes and applicable laws to determine compliance,
scheduling and construction budget information.
2.2.1.2.2 Schematic Design Studies shall consist of but not be limited to site
and floor plans, elevations, sections, etc. as required by the Project
Manager and shall show the scale and relationship of the parts and
the design concept of the whole.
2.2.1.2.3 DP shall submit hard copies and one (1) electronic media set (in PDF
format, but generated from AutoCAD files complying with guidelines
prescribed in Exhibit ‘C’) on disk of all documents required, without
additional charge, for approval by Owner. DP shall not proceed with
the Design Development Phase until the documents have been
approved by Owner and a written Authorization to Proceed with the
next phase of the design has been issued by the Director or Director’s
designee.
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2.2.1.2.4 DP shall prepare an energy efficiency study necessary to comply with
all applicable mechanical and electrical codes, requirements and
standards for Owner.
2.2.2
Selection and Award of Construction Management at Risk Contractor:
2.2.2.1
Solicitation of CMR: At such other time as Owner may elect, DP shall participate
in the evaluation and selection of a qualified construction management firm to
serve as the CMR.
2.2.2.2
Issuance of Addenda and Selection:
2.2.2.2.1 At the request of the Project Manager, DP shall participate in any
selection committee meetings and meet with Owner’s staff and Project
Manager to assist in evaluating Responses to the RFQ and
qualifications.
2.2.2.2.2 At the direction of the Project Manager, DP shall attend all
presentations or interviews with CMR candidates.
2.2.3
Design Development:
2.2.3.1
Working from the previously approved Schematic Design Documents, DP, with
requisite input and assistance from the CMR, shall prepare and present, for
review and approval by Owner, the Design Development Documents, comprising
the drawings, outline specifications and other documents necessary to delineate
and describe the size and character of the entire Project including architectural,
civil, structural, mechanical, plumbing, fire alarm and fire protection, and electric
systems, landscaping, construction materials and finish materials. DP shall fully
involve the CMR during this phase to allow the CMR to prepare and deliver
ongoing constructability and bidding reviews, value engineering proposals, and
construction cost estimates. DP shall be required to make at least one (1)
presentation of the Design Development Documents to Owner. As and if
requested by the Project Manager, Sub-consultants engaged by DP shall attend
this presentation to explain the design concept of their respective systems. All
presentations shall be made to FMD and approved prior proceeding with further
design. Written approval from FMD is required prior to the release of any
information to the end user or stakeholders.
2.2.3.2
If the CMR’s Design Development Construction Estimate exceeds the Owner’s
Construction Budget the DP shall provide a list of appropriate cost or scope
reduction recommendations at no cost to Owner.
2.2.3.3
DP shall submit hard copies and, one (1) electronic media set (in PDF format, but
generated from AutoCAD files complying with guidelines prescribed in Exhibit ‘C’)
on disk of all documents required under this Phase, without additional charge, for
approval by Owner, and DP shall not proceed with the next Phase of the design
until Owner has approved the documents and a written authorization for the next
Phase has been issued.
2.2.3.4
If requested by the Project Manager, DP shall prepare Finish Material Sample
boards as necessary to review the color selections of all finish materials with the
Project Manager and DP will furnish the approved colors to the CMR within a
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CMR Professional Services Contract
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timeframe acceptable to the Project Manager. This shall be done in a timely
manner so as to not delay Project progress.
2.2.4
Construction Documents Development:
Working from the approved Design Development Documents, DP with assistance from the
CMR shall prepare for approval by Owner 50% 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 this design phase to perform as needed or
authorized, ongoing bidding and constructability reviews, value engineering proposals,
estimate of final construction 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 construction budget established by Owner.
2.2.4.1
50% Construction Documents Submittal:
DP shall complete and submit a 50% Construction Document set and
Specifications to the CMR for review. Upon review and acceptance of the CMR
that the drawings and specifications represent a 50% Construction Document set,
the DP shall submit the 50% Construction Documents and Specifications, with
the CMR comments incorporated to the Owner for approval. The submission
shall include:
2.2.4.1.1 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).
2.2.4.1.2 A complete index of every drawing sheet, to become part of the
Construction Documents.
2.2.4.1.3 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. The specifications content
shall be coordinated and comply with the Owner provided preferred
equipment product and system specifications.
2.2.4.1.4 An Authorization to Proceed with the completion of 100% Construction
Documents will not be issued by the Director or Director’s designee if
CMR latest Construction Estimate exceeds the Construction Budget,
unless Owner increases the Construction Budget or the CMR, DP and
Owner mutually agree on methods of cost reduction sufficient to
enable construction of the Project within the Construction Budget.
2.2.4.2
DP shall not proceed with further design until approval from the Director or
Director’s designee is received. DP, with input from the CMR, shall make all
required changes to the documents and resolve all questions prior to proceeding
with the design.
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2.2.4.3
100% Construction Documents Submittal:
2.2.4.3.1 Upon completion of the 100% Construction Documents, DP shall submit
the 100% Construction Document set to the CMR for review. Upon review
and acceptance of the CMR that the drawings and specifications represent
a complete 100% Construction Document set, the DP shall submit the
100% Construction Documents and Specifications, with the CMR
comments incorporated to the Owner for approval. Submission shall
include:
2.2.4.3.1.1 Hard copies and one (1) electronic media set (AutoCAD
complying with guidelines prescribed in Exhibit ‘C’ with matching PDF) on
disk. Include all drawings, specifications, reports, programs, etc. 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 for permit. 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. Construction Documents
must be reviewed by the CMR and confirmed by its written that the entire
Project can be constructed within the construction budget set by Owner.
2.2.4.3.2 Following approval by the Owner the DP shall be responsible for preparing
and submitting the completed construction documents for approval by
governmental authorities having jurisdiction over the Project and in
obtaining certifications of “permit approval” by such reviewing authorities.
Any revisions required by permitting agencies comments shall be
incorporated into the Construction Documents. Upon receiving permitted
construction documents the DP shall make the permit and approved
documents available to Owner for reproduction of additional copies as may
be required for bid solicitation and/or construction purposes.
2.2.4.3.3 DP expressly warrants that the Drawings and Project Specifications and
Construction Documents for the Project have been prepared by DP and
the Sub-consultants 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.
2.2.4.3.4 DP shall be responsible for the cost of any additional design necessary to
correct errors or omissions caused by or attributable to DP that fall outside
the applicable standard of care.
2.2.4.4
CMR Contract:
2.2.4.4.1 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;
2.2.4.4.2 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
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CMR Professional Services Contract
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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.
2.2.4.4.3 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.
2.2.5
Phase V - Observation and Administration of the Construction Contract:
2.2.5.1
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.
2.2.5.2
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.
2.2.5.3 DP shall be responsible for and provide all special inspections required for the
project.
2.2.5.4
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 Sub-consultants 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.
2.2.5.5
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
or 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, prior to the CMR application for payment.
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2.2.5.6
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 AIA 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:
2.2.5.6.1 an evaluation of the Work for compliance with the Contract Documents
upon Substantial Completion,
2.2.5.6.2 the results of any subsequent tests required by the Contract
Documents,
2.2.5.6.3 minor deviations from the Contract Documents correctable prior to
Project completion, and
2.2.5.6.4 any specific qualifications stated in the Payment Application.
2.2.5.7
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.
2.2.5.8
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.
2.2.5.9
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.
2.2.5.10 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.
2.2.5.11 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.
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2.2.5.12 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.
2.2.5.13 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 substitution
of Construction Documents shall not be authorized without the written
concurrence of Owner.
2.2.5.14 DP shall issue a Proposal Request (PR) to the Owner for each revision to the
contract but only after consulting with and with the agreement of the Owner. The
DP shall review and make recommendations to the Owner on all Change Order
Requests submitted by the CMR. DP shall assist the Owner in review of all
Contractor requests for time extensions and make recommendations to the
Owner. 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.
2.2.5.15 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.
2.2.5.16 For Substantial Completion, DP shall obtain from the CMR all guarantees,
Operation and Maintenance manuals for equipment, 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.
2.2.5.17 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.
2.2.5.18 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.
2.2.5.19 DP shall prepare and submit to Owner weekly and/or monthly reports, as required
by the Owner, throughout the Construction Phase of the Project. The reports shall
provide the current status of activities of DP, CMR, subcontractors, Consultants,
Sub-consultants, and others whose activities affect the Project. The reports shall
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also include a copy of the log on all non-compliant work and all resolution
information.
2.2.5.20 For both Basic and Additional Services, DP shall prepare Record Drawings
(reference Exhibit C) based on the CMR’s As-Builts Drawings and provide to
Owner one (1) printed hard-copy full-size set of Record Drawings and 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.
2.2.5.21 In connection with Final Acceptance and final payment, DP shall inspect the Work
and determine:
2.2.5.21.1 Whether the CMR has satisfactorily completed or corrected all items
on the punch list attached to the Request for Substantial Completion;
2.2.5.21.2 Whether the work complies with i) the Contract Documents, and ii) all
applicable laws, building codes or authorities having jurisdiction;
2.2.5.21.3 Whether required inspections by building officials have been
completed; and
2.2.5.21.4 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.
2.2.5.22 DP shall assist Owner in conducting a post-construction inspection at least thirty
(30) days prior to the expiration of the one-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.
2.2.6
Maximum Cost Limit:
If at any time during the design phase the latest Construction Estimate submitted by CMR
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 period designated in writing by the Owner. The Maximum Cost Limit for the Work
is not to be changed unless amended by Maricopa County.
2.3
ADDITIONAL SERVICES:
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2.3.1
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,
not-to-exceed agreed to by Owner under Section 6.2.
2.3.1.1
Special analyses of Owner’s needs, and special detailed programming
requirements for the Project authorized by Director or Director’s designee.
2.3.1.2
Financial feasibility, life cycle costing or other special studies.
2.3.1.3
If not provided for in Basic Services or Owner’s own program, planning surveys,
site evaluations, geo-technical surveys or comparative studies of prospective
sites as authorized by Director or Director’s designee.
2.3.1.4
Design services relative to future facilities, systems and equipment which are not
intended to be constructed as part of the Project.
2.3.1.5
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.
2.3.1.6
Detailed Estimates of Construction Cost consisting of quantity surveys itemizing
all material, equipment and labor required for the Project.
2.3.1.7
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.
2.3.1.8
Investigation and making detailed appraisals and valuations of existing facilities,
and surveys or inventories in connection with construction performed by Owner.
2.3.1.9
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.
2.3.1.10 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 Owner.
2.3.1.11 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 and
maintenance manuals, other than those provided by the CMR, subcontractor, or
equipment manufacturer.
2.3.1.12 A/E 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.
2.3.1.13 Making major revisions changing the scope of the Project, to Drawings and
Project Specifications, when such revisions are inconsistent with written
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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.)
2.3.1.14 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.
2.3.1.15 Providing services after Final Completion and final payment has been made to
the CMR, other than those called for in this Agreement.
2.3.1.16 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 Owner.
2.3.1.17 Renderings, sketches, models or photographs to further convey the proposed
design concept to the Owner.
2.3.1.18 Any other services not otherwise included in this Agreement.
2.3.2
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.
2.3.3
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.
2.4
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 Sub-consultants in the interest of the progress of Work and in accordance with the County’s
Contractor Travel Policy for the following purposes:
2.4.1
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 Owner.
2.4.2
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.
2.4.3
Identifiable communication expenses approved by the Owner, 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.
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2.4.4
Cost of printing, reproduction or photography which is required by or of DP to deliver
services set forth in this Agreement.
2.4.5
Identifiable testing costs approved by Owner.
2.4.6
All Permit fees paid to regulatory agencies for approvals directly attributable to the Project.
2.4.7
Reimbursable Sub-consultant expenses are limited to the items described above and on
the same basis.
2.4.8
All Reimbursable Costs will be approved by Owner only if prior written approval was
received and pursuant to verified invoices, receipts or other acceptable proof of
expenditure provided by DP.
ARTICLE 3: SUBCONSULTANTS
3.1
REGISTRATION OF SUBCONSULTANTS:
All contracts entered into by DP with Sub-consultants or Special Sub-consultants engaged to
provide professional services on the Project must be with registrants with the Arizona Board of
Technical Registration. All such contracts with Sub-consultants 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
SUB-CONSULTANTS' RELATIONSHIP:
3.2.1
All services provided by the Sub-consultants shall be pursuant to appropriate written
agreements between DP and the Sub-consultants, 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 Sub-consultants. DP acknowledges the Sub-consultants 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 Sub-consultants:
FIRM NAME
CONSULTING SERVICE
Colwell Shelor
Landscape Architecture
Bridgers & Paxton
Mechanical, Plumbing, Electrical
Engineering, & Technology Systems
Caruso Turley Scott
Structural Engineering
Dibble Corp
Survey & Civil Engineering
Ninyo & Moore
Geotechnical Engineering
Heitman & associates
Building Enclosure Consultant
K&K Code Consulting
Code Consultant
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3.2.4
DP shall not change or replace any Sub-consultant 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.
ARTICLE 4: OWNER’S RESPONSIBILITIES
4.1
INFORMATION FURNISHED:
If available, the Owner, at its expense 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
If available, 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 Sub-consultants in order to obtain sufficient information to perform services
complying with Articles 2 and 3 herein.
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 Design 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 Construction Budget established by the Owner.
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 times.
5.2.5
Replies 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. The
Owner 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 Owner,
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 $1,266,661.00
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. DP Basic Proposal of fees shall indicated positions, hours and rates
per hour required for each design phase as follows: Programming/Schematic Design, Design
Development, Construction Document, Construction Administration and Post Construction. DP shall
also include a Design Schedule indicating days required for each phase, including days for Owner
review and permitting of the Construction Documents.
6.1.1
Payments to DP on account of the Lump Sum Fee shall be made on the percentage of the
services completed and approved.
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 Sub-consultants necessary to perform all of the
Basic Services.
6.1.3
Owner shall have no obligation or liability to pay any fee, expenditure or cost beyond the
Lump Sum Compensation agreed to. 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 DP or its Sub-consultant: 1. Vehicle mileage to any COUNTY-owned
facility located within the State of Arizona, 2. Vehicle mileage for the DP or its sub-
consultants to attend project related meetings located within the State of Arizona. 3.
Meal costs for employees of DP 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.
6.1.4
Unless specifically authorized in writing, the DP shall use the COUNTY contracted
printing vendor for all reproduction work if copies are required by the COUNTY in addition
to the review document sets required elsewhere in this Agreement.
6.2
ADDITIONAL SERVICES/REIMBURSABLES FEE:
DP may be authorized to perform Additional Services described under Section 2.3 and Reimbursable
Costs described in 2.4. The proposal for such services will be a negotiated Lump Sum, Not-to-Exceed
Fee (negotiated by reference to the hours and 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:
Robin Shambach, Managing Principal
Sue Gray, Project Manager
Frank Slingerland, Design Architect
Chris Pinkerton, Sr. Project
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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
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 7.2.
6.3
Absent an Amendment to the Agreement, the aggregate total of Reimbursable Costs under Section
2.4 shall not exceed $5,000.00, 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.
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 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 Sub-consultants 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.
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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.
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.
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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.
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:
Commercial General Liability
$2,000,000
Each Occurrence
$2,000,000
Personal & Advertising Injury
$4,000,000
General Aggregate
$4,000,000
Products/Completed Operations
Automotive Liability
$2,000,000
Each Occurrence
Workers’ Compensation
$1,000,000
Each Accident
$1,000,000
Disease for Each Employee
$1,000,000
Disease Policy Limit
Errors and Omissions
$2,000,000
Each Claim
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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.
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 Sub-
consultants or subcontractors or any personnel of any such Sub-consultants 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:
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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.
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 Sub-consultant 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 official 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 Sub-consultants 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 11: ALTERNATIVE DISPUTE RESOLUTION
11.1
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution (“ADR”) process provided herein shall be the exclusive means for resolution of
claims or disputes arising under or related to the Contract, the interpretation thereof or the
performance or breach by any party thereto, including but not limited to original claims or disputes
asserted as cross claims, counterclaims, third party claims or claims for indemnity or subrogation,
in any threatened or ongoing litigation or arbitration with third parties, if such disputes involve
parties to contracts containing this ADR provision. No changes can be made to this process without
the mutual assent of the County and the claimant. The parties have structured this procedure with
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the goal of providing for the prompt, efficient and final resolution of all disputes falling within the
purview of this ADR process.
11.2
Meeting of Principals. When a claim is made or a dispute (hereafter “dispute”) as described in
Paragraph 11.1 arises, senior representatives of the County and the claimant will meet personally
within ten (10) business days to discuss the dispute and attempt to resolve it. If, after good faith
efforts, resolution is not achieved, the dispute will proceed to mediation.
11.3
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar
of Arizona and have experience in construction law.
11.4
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the
parties may enter into mediation. The parties shall jointly select a mediator. The parties may
mutually agree to waive mediation and proceed directly to arbitration. If the mediation process is
requested by either party, the mediation period shall be informal and shall not exceed sixty (60)
calendar days from the selection of the mediator. During the mediation process either party may
terminate mediation on written notice to the other party and the mediator.
11.5
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the
exclusive method to resolve a dispute if mediation is unsuccessful, if mediation has been waived
by the parties, or if a party requests arbitration during the mediation process. Except as provided
in Section 11.7.5 and 11.7.9, the decision of the arbitrator or arbitrator panel is final and binding on
the parties and not subject to further judicial review.
11.5.1 A party requesting binding arbitration shall notify the other party of their demand for
arbitration in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver
of mediation; or (3) of the party’s demand to terminate mediation.
11.5.2 If the Architect requests arbitration it shall post a cash bond with the arbitrator in an amount
agreed upon by the parties or, in the event of no agreement, the arbitrator shall establish
the amount of the cash bond to defray the cost of the arbitration and the proceeds from the
bond shall be allocated in accordance with paragraph 11.7.7. The bond must be in the full
amount agreed upon or as established by the Arbitrator to pay the potential cost of the full
arbitration proceeding. The bond must be posted with and received by the arbitrator within
five (5) calendar days after the demand for arbitration.
11.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the
parties shall each submit two names to a Judge designated by Maricopa County who shall
select the single arbitrator.
11.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators:
the Architect’s appointed arbitrator, the CMR's appointed arbitrator and a third arbitrator
who shall be selected by the parties' arbitrators and serve as the Chair of the arbitration
panel.
11.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration
Act (“RUAA”) (A.R.S. § 12-3001 et seq.) and the American Arbitration Association
Construction Rules shall serve as a guideline for proceedings, thus as a supplement to the
RUAA.
11.6
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel
to set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines
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that the circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange
for scheduling of the arbitration at the earliest possible date. In any event, the hearing of any
dispute not expedited will commence as soon as practical but in no event later than thirty (30)
calendar days after notification of request for arbitration having been received. This deadline can
be extended only with the consent of all the parties to the dispute, or by decision of the single
arbitrator or the Chair of the arbitration panel upon a showing of good cause.
11.7
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner
that will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties.
Each party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement
which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and
exhibits, a brief description of the subject matter of the testimony of each witness who will be called
to testify, and an estimate as to the length of time that will be required for the arbitration hearing
The single arbitrator or the Chair of the arbitration panel shall determine the nature and scope of
discovery, if any, and the manner of presentation of relevant evidence consistent with deadlines
provided herein, and the parties’ objective that disputes be resolved in a prompt and efficient
manner. No discovery may be had of any materials or information for which a privilege is
recognized by Arizona law. The single arbitrator or the Chair upon proper application shall issue
such orders as may be necessary and permissible under law to protect confidential, proprietary or
sensitive materials or information from public disclosure or other misuse. Any party may make
application to the Maricopa County Superior Court to have a protective order entered as may be
appropriate to confirm or enforce such orders of the Chair.
11.7.1 Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of good cause.
11.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a
hearing issue an award. The arbitration panel shall, within ten (10) calendar days from the
conclusion of any hearing, by majority vote, issue its award. The award shall include an
allocation of fees and costs pursuant to 11.7.7 herein. The award is to be in accordance
with the Contract and the law of the State of Arizona.
11.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall
be void. If an award is made against any party in excess of one hundred thousand dollars
($100,000), exclusive of interest, arbitration fees, costs and attorneys’ fees, it shall be
supported by written findings of fact, conclusions of law and a statement as to how
damages were calculated.
11.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the
amount asserted in any party’s claim, but shall conduct a preliminary hearing into the
question of jurisdiction over the claim as regards its amount upon application of any party
at the earliest convenient time, but not later than the commencement of the arbitration
hearing. If the dispute is determined to involve less than $200,000, the arbitration shall
continue before the Neutral Arbitrator as a single arbitrator, with the party appointed
arbitrators being excused.
11.7.5 Entry of Judgment. As provided in the RUAA, any party can make application to the
Maricopa County Superior Court for confirmation of an award, and for entry of judgment on
it.
11.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Mediator or the single arbitrator or arbitration panel, may: (i) at the request of any party,
join and/or sever parties, and/or claims arising under other contracts containing this ADR
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provision, and (ii) the Mediator, on his own authority, or the single arbitrator or arbitration
panel may, on its own authority, join or sever parties and/or claims subject to this ADR
process as deemed necessary for a just resolution of the dispute, consistent with the
parties’ goal of the prompt and efficient resolution of disputes, provided; however, that the
A/E, OWNER and Project Professionals shall not be joined as a party to any claim made
by an Architect. Nothing herein shall create the right by any party to assert claims against
another party not arising under or related to the Contract or not recognized under the
substantive law as applicable to the dispute. Neither the Mediator nor the single arbitrator
or arbitration panel is authorized to join to the proceeding parties not in privity with the
County. The Architect cannot be joined to any pending arbitration proceeding, without
Architect’s express written consent and unless Architect is given the opportunity to
participate in the selection of the single arbitrator or non-County appointed arbitrator.
11.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the mediation. All fees and costs associated with any arbitration
before the single panel or arbitration panel, including without limitation the arbitrator fees,
and the prevailing party’s reasonable attorneys’ fees, expert witness fees and costs, will
be paid by the non-prevailing party, except as provided for herein. In the event that
Architect is the non-prevailing party, all fees and costs as noted above shall first be paid
out of the bond posted with the arbitrator. In no event shall the Architect’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.
11.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to
a party’s attorneys or accountants, no party shall make any disclosure related to the
disputed matter or to the outcome of any proceeding except to the extent required by law,
or to seek interim equitable relief, or to enforce an agreement reached by the parties or an
award made hereunder. This provision does not affect the County’s right to inform the
County Supervisors of the dispute.
11.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a
party or to the Project pending resolution of a dispute pursuant to ADR provided herein.
No court may order any permanent injunctive relief except as may be necessary to enforce
an order entered by the arbitration panel. The fees and costs incurred in connection with
any such equitable proceeding shall be determined and assessed in ADR.
11.7.10 Change Order. Any award in favor of the Architect against the County or in favor of the
County against the Architect shall be reduced to a Change Order and executed by the
parties in accordance with the award and the provisions of the Contract or a settlement
agreement as appropriate.
11.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably should
or could have been brought against any party that was or could have been brought into
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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.
11.8
Inclusion in Other Contracts. The Architect shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
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 Sub-consultant 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 Sub-consultant 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.C 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.
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
CERTIFICATION OF WAGE RATES AND UNIT COSTS:
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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:
FOR OWNER:
Director, Maricopa County Facilities Management Department
401 W. Jefferson Street
Phoenix, Arizona 85003
FOR DP:
Sue Gray, Principal
BWS Architects
341 E. Camelback Rd, #100, Phoenix, Arizona 85012
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.
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:
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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 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.
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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 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902. 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.
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.
13.24
NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed
and
downloaded
at
the
Governor
of
the
State
of
Arizona’s
website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is hereby incorporated into this
Maricopa County Downtown Court Plaza Renovations
Page | 35
CMR Professional Services Contract
Serial # 220093-ROQ
contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall
not discriminate against any employee, client or any or any other individual in any way because of
that person’s age, race, creed, color, religion, sex, disability or national origin.
13.25
UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all
applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
13.26
FORCED LABOR
13.26.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this
solicitation, contractor agrees to comply with all applicable portions of Arizona Revised
Statutes Section 35-394. Contracting; procurement; prohibition; written certification;
remedy; termination; exception; definitions.
13.26.2 Contractor certifies that it does not currently, and agrees for the duration of the contract,
that it will not use:
13.26.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
13.26.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China.
13.26.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any
good or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China.
13.26.3 1If contractor becomes aware during the term of the agreement that contractor is not in
compliance with this paragraph, the contractor shall notify the County within five business
days after becoming aware of the noncompliance. If the contractor fails to provide a written
certification to the County that the contractor has remedied the noncompliance within 180
days after notifying the County of its noncompliance, then the agreement terminates,
except that if the agreement termination date occurs before the end the 180 day period,
the agreement terminates on the agreement termination date.
Maricopa County Downtown Court Plaza Renovations
Page | 36
CMR Professional Services Contract
Serial # 220093-ROQ
Maricopa County Downtown Court Plaza Renovations
Page | 37
CMR Professional Services Contract
Serial # 220093-ROQ
EXHIBIT “A”: HOURLY RATES AND HOURS
(See attached Fee Proposal)
Maricopa County Downtown Court Plaza Renovations
Page | 38
CMR Professional Services Contract
Serial # 220093-ROQ
EXHIBIT “B”: LUMP SUM AMOUNT
(See attached Fee Proposal)
September 29, 2022 Rev 1
Charles (CJ) Jones, Director
Maricopa County Facilities Management
401 West Jefferson Street
Phoenix, AZ 85003
Re:
Maricopa County – Downtown Courts Plaza Project
Architectural and Engineering Fee Proposal for Renovation
Dear CJ:
BWS Architects is delighted to submit this proposal for Professional Design services for the
Downtown Courts Plaza Renovation project. The project is located on the south side of Jefferson
Street, between 1st and 3rd Avenues. Based on our conference call on August 17, 2022, and site walk
on September 21, 2022 the information provided, we have developed the following proposal.
Project Understanding:
Phase I. The Plaza Renovation will build upon the Goals and Concepts identified in the 2019 Design
Study. The north side of the Plaza will need to connect with the public sidewalks, Jefferson Street
Light Rail, and secure underground parking and office spaces.
Phase II. If the First Avenue Jail is approved for demolition, the Plaza Renovation will extend to the
Madison Street pedestrian spine abutting the Maricopa County Superior Courthouse. We
understand the First Avenue Jail demolition work will occur with this project and include the lower-
level basement removal and reconstruction of the security pedestrian tunnels between the Central,
South, and East Court Building. Coordinating and separating building systems will be provided prior
to demolition.
Phase III. In addition to expanding the Plaza Renovation to the south, a secure corridor (Sky Bridge)
between the existing West and East County Court buildings will be constructed. The Sky Bridge will
be self-supported and possibly connected at the Third Floor of the Central and East Court Tower.
The extent of renovation at these points of connection will be confirmed during Phase I.
Regulatory Agencies:
Maricopa County Planning and Development- Building Permit (2018 IBC)
State Fire Marshal – Authority Having Jurisdiction
City of Phoenix ROW – Off Site Improvements are not anticipated but we will be confirmed
Valley Metro - Coordination will be required
Maricopa County Department of Environmental Quality (not anticipated)
Authorization to Construct Sewer and Water
Flood Zone Permitting (If Applicable)
Utilities – Anticipate they are all on-site
2
Construction Delivery Method:
This will be a Construction Management at Risk (CM@R) project.
Anticipated Area of Work: see attached orientation drawings for anticipated extents
Sq. Ft.
Construction Cost
Phase I
North Plaza
Demolition
New Plaza
*$ 5,500,000.
Phase II
Tunnel Level
Demolition
1,000 SF
Phase II
Tunnel Level
New Construction
1,250 SF
$ 375,000.
New Plaza
*$ 2,500,000.
Phase II
Lower-Level
Demolition
31,785 SF
Phase II
First Floor
Demolition
35,700 SF
Phase II
Second Floor
Demolition
15,470 SF
Phase II
Third Floor
Demolition
15,470 SF
ALL DEMO
*$ 4,115,000.
Phase III
Third Floor
Renovation
1,000 SF
Phase III
Third Floor
Sky Bridge
1,200 SF
*$ 829,000.
ESCALATION
$1,000,000.
2022 Anticipated Total Construction Cost
$14,319,000.
* 10/29/2019 Estimate Cost
Based on the above Scope of Project we will provide the following services:
A. Basic Services. We will provide normal architectural and engineering services including which
include on-site civil engineering, landscape architecture, structural, mechanical, plumbing, and
electrical engineering.
In addition to these services, we will include geotechnical, and site survey and offsite civil
engineering related to the light rail, structural special inspections, security and access controls, and
coordination of infrastructure for any owner provided audio visual and telecommunication services.
We have included a Building Enclosure consultant since the plaza is located over occupied space. We
have also included a fee for Renderings/Visual aids and 3D animations for County Leadership or
Community Updates.
Schedule.
We anticipate the following phases, see attached schedule for durations:
Phase I
Programming and Site Research
Phase II
Schematic Design Documents
Phase III
Design Development Documents
Phase IV
50% Construction Documents
100% Construction Documents
Phase V
Permitting
Phase VI
Construction Administration
3
Programming and Site Research. We will meet with the Stakeholder to verify the program and
functional needs of the plaza. We will review the existing construction documents and field
verify conditions. Survey and Geotechnical services will proceed, the site inventory and analysis
will begin, and the design team will begin coordination with the City of Phoenix and Valley
Metro. Site verification includes the renovation areas in the Central and East Court Towers.
Schematic Design. During this phase we will prepare a complete Schematic Design package for
the site and building improvements, including drawings, outline specifications, building systems
narratives. We will include plaza options with a recommended design solution. We have
included a Schematic Estimate at this phase with the understanding a solution will be select for
approval to proceed into the next phase.
Design Development Phase. After review, comments, and Authorization to Proceed to this
phase we will develop the design to include preliminary Construction Drawings and
Specifications for building system coordination and Maricopa County progress review. We have
included the second cost estimate at this phase. We have included a cost estimate at this phase
so the scope of work can be refined.
50% Construction Document Phase. After review, comments, and Authorization to Proceed to
this phase we will prepare 50% Construction Drawings and Specifications review set for quality
control and County estimating. The County will hire the Construction Manager at Risk (CM@R)
to provide the estimate of probable cost. Our design team will review their estimates and we
will recommend bid alternates and/or reconciliation items as appropriate.
100% Construction Document Phase. Based on the estimate, we will coordinate with the
County on reconciliation items or bid alternates before proceeding with 100% Construction
Documents for quality control and County estimating.
Permitting. We will assist Maricopa County in submittal of documents to appropriate agencies
including the following Maricopa County Development Services, the Arizona State Fire Marshal,
and the City of Phoenix Engineering Department. We will incorporate review comments and
revisions into the final Construction Documents.
Construction Administration. We will attend regular construction meetings and prepare site
observation reports. We understand that only design has been funded and the construction
phase has not been determined. We will coordinate with you and the CMR on the anticipated
start and completion dates. We will review shop drawings, submittals and contractor proposals
and respond to Requests for Information. We will review close out documents including
Contractor-provided record drawings.
Compensation:
We have provided three fee development worksheets based on the areas of work.
Phase I is the Plaza north of the First Avenue Jail. Phase II is the Plaza when the First Avenue Jail
is demolished, demolition of the First Avenue Jail, and tunnel reconstruction. Phase III is the
secure, elevated corridor (Sky Bridge) connecting the existing East and West court towers. We
anticipate all three areas of work will proceed in tandem through construction documents.
4
Phase I North Plaza Basic A|E Services is ……….$ 458,820.
Phase II South Plaza Basic A|E Services ………………………….…$ 372,831.
Phase III Secure, Elevated Corridor …………………………………………………….. $ 295,310.
B. Allowance & Additional Services
We have included the following services:
Owner Allowance
$ 35,000.
Building Envelope Consultant | Civil
$ 18,000.
$19,990.
$ 20,720.
Code Consultant
$ 500.
Structural Special Inspections:
$ 9,900.
$ 18,000.
$ 12,600.
Renderings | Animations
$ 5,000.
Sub- Total:
$ 68,400.
$ 37,980.
$ 33,320.
PHASE TOTALS
$ 527,220. $ 410,811. $ 328,630.
Services beyond those specifically identified above will be considered Additional Services and will be
compensated additionally at an hourly rate or as negotiated. Services might include models and
renderings, revisions to previously approved drawings or significant increases in project scope.
Hourly Rates:
BWS Architects:
Principal Architect
$165/hour
Project Manager
$146/hour
Project Architect
$113/hour
Specification Writer
$105/hour
Project Coordinator
$102/hour
Owner-Furnished Services:
We understand that the County will be responsible for the following services:
Environmental Assessments
Hazardous Materials Testing
Street Light Engineering
Grey Water Harvesting or LEED Certification
Special systems design (including TeleData, PA, CATV, etc.)
Furniture, Fixtures and Equipment
Payment of all permits and fees
Construction Material Testing
Vendor/Owner-furnished design of AV, telecom, PV & and other special systems
Printing of Construction Documents for permitting bidding and construction purposes
5
Owner-Furnished Documents:
We have received and distributed the County Standards to our design team. They are as followed:
CJ, we trust that this proposal addresses the requirements of your project, but please feel free to
comment if you have any questions at all. We look forward to receiving your approval for this
proposal and working with you and the Maricopa County Facilities Management Team.
Sincerely,
BWS Architects
Sue Gray, AIA LEED AP
Principal | Project Manager
Attachments:
Fee Development Worksheets
Project Schedule
Consultant Fee Proposals
Conceptual Plans | Areas of Work
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SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_L2
SCALE: 1/64” = 1’-0”
TUNNEL FLOOR PLAN
TUNNEL
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
TUNNEL | CIRCULATION DEMO
approx.1,000 SF
TUNNEL NEW CONSTRUCTION
approx. 1,250 SF
TUNNEL
SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_L1
SCALE: 1/64” = 1’-0”
LOWER LEVEL FLOOR PLAN
3305
CENTRAL COURTS
3301
WEST COURTS
3302
SHERIFF ADMIN
& MAIN JAIL
3303
EAST COURTS
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
LOWER LEVEL DEMO
approx. 31,785 SF
SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_PLAZA
SCALE: 1/64” = 1’-0”
FIRST FLOOR PLAN
3305
CENTRAL COURTS
3301
WEST COURTS
3304
BOARD OF
SUPERVISORS
3307
LAW LIBRARY
3303
EAST COURTS
3302
SHERIFF ADMIN
& MAIN JAIL
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
FIRST FLOOR DEMO
approx. 35,700 SF
SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_2
SCALE: 1/64” = 1’-0”
SECOND FLOOR PLAN
3305
CENTRAL COURTS
3301
WEST COURTS
3303
EAST COURTS
3302
SHERIFF ADMIN
& MAIN JAIL
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
SECOND FLOOR DEMO
approx. 15,470 SF
SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_3
SCALE: 1/64” = 1’-0”
THIRD FLOOR PLAN
3305
CENTRAL COURTS
PUBLIC COORIDOR
TO CCB
3301
WEST COURTS
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
3303
EAST COURTS
3302
SHERIFF ADMIN
& MAIN JAIL
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
THIRD FLOOR DEMO
approx. 15,470 SF
AREA OF POSSIBLE RENOVATION
SKY BRIDGE
AREA OF POSSIBLE
RENOVATION
SKY BRIDGE NEW
approx. 1,200 SF
THIRD FLOOR RENO
approx. 1,000 SF
SEPTEMBER 21, 2022 | MARICOPA COUNTY PLAZA
COMBINE_4
SCALE: 1/64” = 1’-0”
FOURTH FLOOR PLAN
3305
CENTRAL COURTS
3301
WEST COURTS
3303
EAST COURTS
3309
MC ATTORNEY
OFFICE
3325
SOUTH COURTS
W JEFFERSON ST
3RD AVE
1ST AVE
MADISON PEDESTRIAN MALL
64’
128’
0’
32’
Maricopa County Downtown Court Plaza Renovations
Page | 39
CMR Professional Services Contract
Serial # 220093-ROQ
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 Sub-consultants, 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.
x
AutoCAD® 2007 or higher – DWG format only.
x
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.
Blocks
The following rules must be employed when handling block entities:
1. All entities within a block must be created on layer 0.
Maricopa County Downtown Court Plaza Renovations
Page | 40
CMR Professional Services Contract
Serial # 220093-ROQ
2. Drawing entities translated into AutoCAD blocks from non-AutoCAD 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 Sub-consultants 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 Sub-consultants 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 (NCS) 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 Sub-consultants and CMRs.
BIM 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
Maricopa County Downtown Court Plaza Renovations
Page | 41
CMR Professional Services Contract
Serial # 220093-ROQ
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.