200020-CONTRACT-BWS ARCHITECTS.PDF
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BWS
ARCHITECTURAL SERVICES CONTRACT (TERM)
MARICOPA COUNTY, ARIZONA
Term Architectural Services
FOR PROFESSIONAL SERVICES
Office of Procurement Services
Serial # 200020-ROQ
Contract # 200020-ROQ
C-73-
Project # N/A
3 YEAR TERM
ARCHITECTURAL SERVICES CONTRACT
Facilities Management Department
MARICOPA COUNTY, ARIZONA
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page I
Table of Contents
RECITALS
SECTION I - ARCHITECT'S BASIC SERVICES
SECTION II- PERIOD OF SERVICE
SECTION III - REIMBURSABLE EXPENSES
SECTION IV - COUNTY RESPONSIBILITIES
SECTION V - COMPENSATION AND PAYMENTS
SECTION VI - PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
SECTION VII - ARCHITECT'S ACCOUNTING RECORDS
SECTION VIII- TERMINATION OF AGREEMENT
SECTION IX - OWNERSHIP OF DOCUMENTS
SECTION X - GENERAL CONSIDERATIONS
SECTION XI- INDEMNIFICATION AND INSURANCE
SECTION XII - SUCCESSORS AND ASSIGNS
SECTION XIII - NO KICK-BACK
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY,
WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
SECTION XV - INDEPENDENT CONTRACTOR
SECTION XVI - CONFLICTS
SECTION XVII - CONTINGENCY FEE
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
SECTION XIX - COMPLIANCE WITH LAWS
SECTION XX - SEVERANCE
SECTION XXI - JOINT PREPARATION
SECTION XXII - PRIORITY OF PROVISIONS
SECTION XXIII - APPLICABLE LAW AND VENUE
SECTION XXIV - AMENDMENTS
SECTION XXV - PRIOR AGREEMENTS
SECTION XXVI - DRUG-FREE WORKPLACE
SECTION XXVII - INCORPORATION BY REFERENCE
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
SECTION XXIX - ATTACHMENTS
SECTION XXX - NOTICES
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
SECTION XXXII - CONTRACT EXECUTION
SECTION XXXIII - UNIFORM ADMINISTRATIVE REQUIREMENTS
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& AMERICANS
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TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO, 200020-ROO
Term Architectural Services
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EXHIBIT A - PROJECT SERVICES
I - GENERAL
II- PRE-DESIGN SERVICES PHASE
III - SCHEMATIC DESIGN PHASE
IV - DESIGN DEVELOPMENT PHASE
V - CONSTRUCTION DOCUMENTS PHASE
VI - QUALITY ASSURANCE/QUALITY CONTROL
VII - BIDDING PHASE
VIII- CONSTRUCTION PHASE
IX - ARCHITECTS REQUIRED ADDITIONAL SERVICES
X - OPERATION AND MAINTENANCE MANUAL(s)
EXHIBIT 13— HOURLY RATES
EXHIBIT C MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM
REPORTING FORM
EXHIBIT D - LEGAL WORKER CERTIFICATION
EXHIBIT E ALTERNATIVE DISPUTE RESOLUTION
EXHIBIT F RECORD DRAWING PROCEDURES
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PARTICIPATION
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TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 3
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND BWS Architects
FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA hereinafter
called the "COUNTY" and BWS Architects; hereinafter called the "ARCHITECT."
RECITALS
A. Pursuant to Arizona Revised Statutes § .11-251(8) and § 34-102, the Board of Supervisors has the authority
to enter into contracts for the construction of such buildings and structures are necessary, and for alterations
thereto, and for the employment of architects as warranted by the type of construction,
B. The COUNTY proposes to engage the service of an architectural firm to perform certain architectural and
engineering services for the COUNTY on an "on-call" or "as needed" basis. This Agreement is intended to
cover performance by the ARCHITECT under individual Task Orders. The terms of this Agreement and a
Task Order govern the ARCHITECT's work unless the ARCHITECT and the COUNTY agree otherwise in
writing.
C. The COUNTY may require drawings, plans, specifications, cost estimates, construction administration, and
other architectural services, and the ARCHITECT is willing to prepare such drawings, plans, specifications,
cost estimates, provide construction administration, and perform other architectural services under this
Agreement as may be required by the COUNTY,
D. The COUNTY desires to contract with the ARCHITECT for the preparation of such drawings, plans,
specifications, cost estimates, construction administration, and other architectural services on such terms and
conditions as hereinafter follows:
E. NOW THEREFORE, on consideration of the premises and the mutual promises herein contained, the
COUNTY and the ARCHITECT agree as follows:
SECTION 1- ARCHITECT'S BASIC SERVICES
A. GENERAL
1. The ARCHITECT shall prepare drawings, specifications and cost estimates according to the direction
and designated standards of the COUNTY. Also, in consideration of the fee hereinafter stated, the
ARCHITECT agrees, if requested by the Owner, to perform contract administration, inspection services
and other architectural services on the PROJECT as described in this Section. It is understood and
agreed that the County's authorized Administration for the PROJECT shall be the Director of Facilities
Management Department, or designee.
2. The ARCHITECT shall review the requirements of the PROJECT as outlined by the COUNTY. Prior
to performance of any services under this Agreement, the ARCHITECT and his consultants shall meet
with the authorized COUNTY personnel to review the scope and nature of the work to be performed.
3. The ARCHITECT shall be responsible for providing written minutes of all PROJECT meetings that
occur during the course of this work under this Agreement, which are attended by the ARCHITECT or
his representative and by the representatives of the COUNTY. A copy of these minutes shall be sent to,
and received by, the COUNTY no later than three (3) working days after the meeting date. The
ARCHITECT will be responsible for final publishing and distributing of meeting minutes as directed by
the COUNTY.
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4. The ARCHITECT will meet with the COUNTY and representatives of appropriate jurisdictional
agencies to review the requirements of the project and the solutions proposed by the ARCHITECT at
times appropriate to the PROJECT. At no time shall the ARCHITECT meet with jurisdictional agencies
without prior consent or attendance of COUNTY representatives.
5. The ARCHITECT may be required to coordinate with the COUNTY and its designated furniture vendor
for the design and provisions for installation of open office workstations, This work may include but is
not limited to: layout of workstations per COUNTY standards, providing backgrounds on AutoCAD to
the vendor for shop drawing purposes, coordination with the electrical systems of the building, and
provision in the specifications for installation of COUNTY supplied workstations by the Contractor.
6. As a part of basic services, the ARCHITECT will produce record drawings from the marked-up As-
Built drawings prepared by the Contractor. Record drawings shall be submitted on CD discs as required
by the COUNTY containing the complete drawings in electronic format — both in an Adobe PDF file
and an AutoCAD DWG file with all external references bound. Requirements for the content within
drawings and file formatting are identified in Exhibit F.
7. Typical project services are listed in attached Exhibit A. The compensation method shall be determined
on a project by project basis, utilizing Exhibit B ("Hourly Rates").
SECTION II- PERIOD OF SERVICE
A. The initial contract shall be in effect for no longer than Three (3) calendar years from the date of approval
by the Maricopa County Board of Supervisors. If work is underway under the terms of this contract at the
thine of the expiration date, the contract expiration date shall be extended to the date for completion of
services underway. Furthermore, by mutual written agreement between the County and ARCHITECT, this
contract may be extended for a period of Two (2), One (I) year period(s). The total term of this contract,
including all extension periods, shall not exceed five (5) years.
B. Based upon the mutually agreed scope of work for a project, the ARCHITECT shall submit to the COUNTY
an anticipated schedule for completion of each phase of the project. The ARCHITECT will be required to
complete total design phase basic and additional services as required within the total allotment of time.
C. The time required by the COUNTY, or its designee or regulatory agencies, for reviews or approvals shall be
included in the allotted calendar days for Design phase and shall be considered to be included in each project
schedule. ARCHITECT revisions, additions and corrections required by the COUNTY through its review
of each phase's first document submittal, shall be required as part of the work of each subsequent phase if
applicable. A time extension will not be granted during such phase for these document modifications.
Construction document revisions as required by regulatory agencies and the COUNTY shall be
accomplished by the ARCHITECT within the stated period for that phase.
D. The ARCHITECT may provide construction administration services from the date of construction contract
award through the PROJECT construction period and final written acceptance of the PROJECT by the
COUNTY regardless of the project delivery method selected. For purposes of this contract, the PROJECT
shall be completed when final payment has been made to the Contractor and the Owner has confirmed that
all Record Documents have been provided by the Architect to the Owner and are complete workable files.
E. The ARCHITECT may be required to provide reviews and reports during the one-year post construction
warranty period. The one-year period shall be in addition to the total design and construction periods of
service.
SECTION HI - REIMBURSABLE EXPENSES
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
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A. Reimbursable expenses are additional compensation for Basic and Additional Services that include actual
expenditures made by the ARCHITECT, employees of the Architect, or the Architect's professional
consultants in the interest of the Project and have the specific prior written approval of the COUNTY. The
ARCHITECT hereby agrees that no reimbursable expense shall be incurred, nor requested for payment,
without the ARCHITECT having obtained prior written approval of the COUNTY. The COUNTY is under
no obligation to pay the ARCHITECT for such expenses without evidence of the COUNTY'S written
consent prior to the ARCHITECT incurring such expenses. Reimbursable expenses may be approved for:
I. Printing costs by a non-COUNTY contracted printing service vendor according to Subsection C below,
if requested by the COUNTY for additional plan review sets or for bidding purposes. It is the Owner's
intent to provide 3'd party reproduction and printing services at the Owner's expense. Any printing
expense incurred by the Architect or its consultant requires Owner's prior written approval.
2. Permit fees if levied by an authorized regulatoiy agency and paid directly by the ARCHITECT with the
COUNTY'S permission.
3. Approved travel expenses where travel is required as part of the project scope shall be billed by
ARCHITECT only for those travel expenses that are in compliance with the Federal Travel Regulation,
CFR Chapter 300-304, as applicable. All out of state travel expenses must be pre-approved by the
County in writing.
13. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ARCHITECT's fee. Normal overhead and operating costs shall
include but are not limited to:
1. Paper, pens, pencils, copier supplies, and computer media.
2. Drafting supplies tools & equipment.
3. Telephone and facsimile equipment, rental & toll charges.
4. Office rental, utility, and other overhead expenses,
5. Plan and specification reproduction costs for CONSULTING review purposes.
6. Postage and delivery costs.
7. Use or rental of computer equipment or related supplies.
8. Overtime work necessary to meet deadlines stipulated within the COUNTY's Notice to Proceed.
C. Unless specifically authorized in writing in advance as part of the approve scope of work, the COUNTY will
not pay for any of the following expenses of the ARCHITECT:
1. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
2. Vehicle mileage for the ARCHITECT or its sub-consultants to attend project related meetings located
within the State of Arizona.
3. Meal costs for employees of ARCHITECT or its sub-consultants whether or not employees of the
COUNTY are in attendance for meetings or other gatherings related to project work for the COUNTY,
except where authorized in writing in advance for out-of-state consultants/sub-consultants traveling to
Arizona or out of state travel related to the assignment.
D. Unless specifically authorized in writing, the ARCHITECT shall use the COUNTY contracted printing
vendor for all reproduction work if copies are required by the COUNTY in addition to the review document
sets required elsewhere in this Agreement.
E. The ARCHITECT shall accompany each payment request for Reimbursable Expenses with a copy of the
original vendor invoice for any and all Reimbursable Expense costs. The COUNTY reserves the right to
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reject any and all requests for payment of Reimbursable Expenses costs where no invoice or receipt is
attached.
F. The ARCHITECT shall only be paid the actual amount charged to the ARCHITECT by the original vendor
for Reimbursable Expenses,
G. Refer to Exhibit "B" for hourly billing rates for ARCHITECT staff and sub-consultants.
SECTION IV - COUNTY RESPONSIBILITIES
A. The COUNTY shall provide the following:
I. Review of documents submitted by the ARCHITECT.
2. Sufficient copies, electronic access or electronic files of all COUNTY forms required to be completed
by the ARCHITECT as described in this Agreement.
3. Response to the ARCHITECT's written request for decisions within a reasonable amount of time, such
time being appropriate to the request.
4. The necessary staff for consultation with the ARCHITECT during program review, schematic, design
development and construction document phases in order to identify problems, needs and other functional
aspects of the PROJECT.
5. Staff for consultation with the ARCHITECT and Contractor during the course of construction.
6. Periodic updates on the progress of reviews and requests for information, progress of submittals and
deliveries of equipment and furniture to be supplied by the COUNTY.
7. All required fees for securing approvals from governmental and other agencies having lawful
jurisdiction over the design of the PROJECT. The COUNTY will pay such fees directly to jurisdictional
authorities.
B. THE CONSTRUCTION BUDGET. The COUNTY shall monitor both ARCHITECT and Contractor
performance during the period of performance of the ARCHITECTs services under this Agreement. The
COUNTY's monitoring of the ARCHITECTS and Contractor's performance shall be solely for the
information of the COUNTY and shall not be construed to abridge, limit, supplement, or modify the
ARCHITECT'S duties and responsibilities to provide the usual and customary basic architectural services,
including, but not limited to, the services and duties specifically described in this Agreement.
SECTION V - COMPENSATION AND PAYMENTS
A. The ARCHITECT shall be compensated for contracted services that have been authorized in writing by the
COUNTY. The ARCHITECT shall be compensated on an hourly fees basis in accordance with those items
listed in Exhibit 13 — Hourly Rates.
B. All ARCHITECTURAL service requests for payment shall be submitted to the COUNTY for review in
electronic format and approval and must be accompanied by a detailed invoice as required by the COUNTY.
A detailed invoice shall include copies of all related invoices and substantiating receipts; a completed SBE
reporting form; and/or other documentation for any charges incurred. Where pre-authorization is required
by the COUNTY, a copy of the written pre-authorization of the COUNTY will be included with the invoice
where those charges are submitted.
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1, Invoices shall be submitted to: FMD-AccountsPayable@mail.maricopa.gov with all required
supporting documentation. Invoices should not be hand-delivered, mailed or otherwise transmitted.
C. The ARCHITECT's fee for contract administration services shall be due and payable monthly during the
progress of the construction work, and shall be contingent on the percentage of the work completed by the
Contractors.
D. The ARCHITECT shall be limited to a maximum total fee of Two Hundred and Fifty Thousand Dollars
($250,000.00) for all work on all projects assigned under this Agreement during the term of this contract.
This shall include fees for both basic, additional services, and reimbursable expenses for all projects assigned
to the ARCHITECT during the term of the contract.
E. Payment for additional services as authorized by the COUNTY shall be made upon completion of the
additional services and upon receipt of a detailed invoice and request for payment.
F. If the PROJECT is abandoned or suspended in whole or in part, for a period of more than 180 days through
no fault of the ARCHITECT, the ARCHITECT is to be paid for the services actually performed in
accordance with ARS Section 34-104.F, but not for any services not actually performed.
SECTION VI- PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
A. Until such time as construction bids have been received for the PROJECT, the ARCHITECT shall treat the
PROJECT Construction Budget and all estimates of construction cost as confidential information. Under
no circumstances shall the ARCHITECT cause the publication of the PROJECT Construction Budget or
construction cost estimates or reveal same to anyone other than authorized COUNTY personnel.
B. To help ensure that the PROJECT is under budget and if requested by the Owner, the ARCHITECT shall
include, as part of the bid package, deductive alternates which represent up to 10 percent of the PROJECT
construction budget and do not materially affect the basic function, operation, or design intent of the facility.
The ARCHITECT will identify and make recommendations on the various alternates, but acceptance of any
or all of the alternates will be the sole responsibility of the COUNTY,
C. The successful construction bid as herein referenced, means the bid amount submitted by the Contractor
actually awarded the PROJECT by the Board of Supervisors and shall include the cost for all work designed
or specified by the ARCHITECT.
D. Over-Budget Bids. In the event a PROJECT is bid and the lowest responsible bid is higher than the
COUNTY construction budget amount for the specific project, the COUNTY may reject all bids or
appropriate such additional moneys as are necessary to award the bid. In the event the COUNTY elects to
reject all bids, the COUNTY may direct the ARCHITECT to revise the drawings, plans, and specifications
at no additional expense to the COUNTY in order to obtain a bid for construction not exceeding the
construction budget amount.
SECTION VII- ARCHITECT'S ACCOUNTING RECORDS
A. Records of the ARCHITECT's direct personnel payroll, and reimbursable expense pertaining to the
PROJECT and accounts between the COUNTY and ARCHITECT shall be kept on a generally recognized
accounting basis for a period of no less than nine years after final completion of the PROJECT and shall be
available to the COUNTY (on reasonable notice) for examination during normal business hours.
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SECTION VIII- TERMINATION OF AGREEMENT
A. The COUNTY and the ARCHITECT hereby agree to the full performance of the covenants herein, except
that the COUNTY reserves the right, at its discretion, to terminate or abandon the service provided for in
this Agreement, or abandon any portion of the ARCHITECT's services or portion of the PROJECT for which
services have been performed by the ARCHITECT.
B. In the event the COUNTY shall abandon the services, or any part of the services, as herein provided, the
COUNTY shall notify the ARCHITECT in writing, and immediately after receiving such notice, the
ARCHITECT shall discontinue advancing the work under this Agreement. Notification shall be made in
writing to the ARCHITECT's principal place of business.
C. Upon such termination or abandonment, the ARCHITECT shall appraise the work completed and submit
his appraisal to the COUNTY for evaluation. The COUNTY shall have the right to inspect the
ARCHITECT's work to appraise the work completed.
D. Except when terminated for delinquency, insolvency, or non-compliance with the terms of this Agreement,
the ARCHITECT shall receive as compensation for services performed to the date of such termination, a fee
for the percentage of the ARCHITECT's services as provided in this Agreement under Section V, and that
fee shall be in the amount to be agreed mutually by the ARCHITECT and the COUNTY. If there is no
mutual agreement, the COUNTY will use the same method used for "Additional Services" as a guide in the
final determination. In no event, however, shall the fee exceed that set forth in Section VI of this document.
The ARCHITECT will not be paid for any services not actually performed.
SECTION IX - OWNERSHIP OF DOCUMENTS
A. The ARCHITECT may retain ownership of original drawings, specifications, and related documents;
however, the COUNTY shall have ownership of the reproducible specifications and other contract
documents as referred to in Section I, paragraph 3, and Section I, paragraph 6, which are to be delivered to
the COUNTY before the final payment is made to the ARCHITECT. The COUNTY will not reuse, alter or
modify these reproducible' s for other construction projects without first soliciting consultation from the
ARCHITECT. In the event such documents are used without further consultation from the ARCHITECT,
the COUNTY agrees to hold the ARCHITECT harmless from any claim arising from the reuse of these
documents for subsequent construction work.
SECTION X - GENERAL CONSIDERATIONS
A. The use of words "he", "himself', "his" or other terms of masculine gender is intended to apply to both
genders, whether male or female.
B. All services provided by the ARCHITECT under this Agreement shall be performed by employees, agents
or Consultants of the ARCHITECT who are experienced and skilled in their profession and shall be
performed in accordance with the standards of care and workmanship in their profession. The
ARCHITECT's findings, recommendations and professional advice shall be based on practices and
procedures customarily applied in his profession. The ARCHITECT shall be solely responsible for the
completeness and accuracy of his drawings, plans, specifications, supporting data and documents prepared
or complied by either his staff or his Consultants in fulfillment of this Agreement.
C. The ARCHITECT shall make no agreements with his Consultants which abridge, modify or conflict with
the requirements of this Agreement.
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D. The ARCHITECT shall require each Consultant, by an appropriate written agreement, of the extent of the
services to be performed by the Consultant on the PROJECT, to be bound to the ARCHITECT by the terms
of this Agreement, and to assume toward the ARCHITECT all the obligations and responsibilities which the
ARCHITECT, by this Agreement, assumes with the COUNTY. Said agreement shall preserve and protect
the rights of the COUNTY under this Agreement with respect to the services to be performed by the
Consultant so that the Consulting Services thereof will not prejudice such rights and shall allow to the
Consultant, unless specifically proved otherwise in the ARCHITECT-CONSULTANT agreement, the
benefits of all rights, remedies and redress against the ARCHITECT, that this ARCHITECT, by this
Agreement, has against the COUNTY. Where appropriate, the ARCHITECT shall require each Consultant
to enter into similar agreements with his sub-consultants. The ARCHITECT shall make available to each
proposed Consultant prior to the execution of the ARCHITECT-CONSULTANT written agreements, copies
of this Agreement to which the Consultant will be bound by this paragraph, and identify to the Consultant
any terms and conditions of the proposed ARCHITECT-CONSULTANT written agreement which may be
at variance with this Agreement. Each Consultant shall similarly make copies of this Agreement available
to his sub-consultants.
E. During the course of PROJECT construction, should any defects be revealed which would adversely affect
the appearance or function of the PROJECT and which are the result of errors, omissions, or inconsistencies
in the drawings and specifications prepared by the ARCHITECT, the ARCHITECT shall, at his expense,
modify these drawings and specifications to resolve the defective conditions to the satisfaction of the
COUNTY without additional compensation.
SECTION XI — INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION - To the fullest extent permitted by law, ARCHITECT shall defend, indemnify, and
hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from and
against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs,
expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have
resulted from the negligent, reckless, or intentionally wrongful acts, errors, omissions or mistakes of the
ARCHITECT, his agents, representatives, employees, or consultants related to the performance of the
Contract. ARCHITECT'S duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment,
or destruction of property, including loss of use resulting therefrom, caused by the referenced acts, errors,
omissions or mistakes in the performance of this Contract including those made by any person for whose
acts, errors, omissions or mistakes ARCHITECT may be legally liable.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as
limiting the scope of the indemnity in this paragraph.
B. INSURANCE REQUIREMENTS - ARCHITECT, at ARCHITECT's own expense, shall purchase and
maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies, which are authorized to do business
in the State of Arizona, provided that said insurance companies meet the approval of COUNTY, The form
of any insurance policies and forms must be acceptable to COUNTY.
I. All insurance required herein shall be maintained in full force and effect until all work or service required
to be performed under the terms of the Contract is satisfactorily completed and formally accepted.
Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of this Contract.
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2. ARCHITECTS insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it,
3. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an
insurance policy warranty shall not affect the COUNTY'S right to coverage afforded under the insurance
policies.
4. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such
deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to
COUNTY under such policies. ARCHITECT shall be solely responsible for the deductible and/or self-
insured retention and COUNTY, at its option, may require ARCHITECT to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of
credit.
5. COUNTY reserves the right to request and to receive, within 10 working days, certified copies of any
or all of the herein required insurance policies and/or endorsements. COUNTY shall not be obligated,
however, to review such policies and/or endorsements or to advise ARCHITECT of any deficiencies in
such policies and endorsements, and such receipt shall not relieve ARCHITECT from, or be deemed a
waiver of COUNTY'S right to insist on strict fulfillment of ARCH1TECT's obligations under this
Contract.
6, The insurance policies required by this Contract, except Workers' Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and employees
as Additional Insureds.
7. The policies required hereunder, except Workers' Compensation, and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents,
representatives, officers, directors, officials and employees for any claims arising out of ARCHITECT'S
work or service.
C. ARCHITECT is required to procure and maintain the following coverage's:
1. Commercial General Liability. Commercial General Liability insurance and, when necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Personal/Advertising Injury, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000
General Aggregate Limit, The policy shall include coverage for bodily injury, broad form property
damage, and blanket contractual coverage, and shall not contain any provision that would serve to limit
third party action over claims. There shall be no endorsement or modification of the CGL limiting the
scope of coverage for liability arising from explosion, collapse, or underground property damage.
2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of
not less than $2,000,000 each occurrence with respect to any of the Architect's owned, hired, and non-
owned vehicles assigned to or used in performance of the Architect's work or services under this
Contract.
3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the Architect'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.
ARCHITECT waives all rights against COUNTY and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the Workers' Compensation and
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Employer's Liability or commercial umbrella liability insurance obtained by ARCHITECT pursuant to
this Agreement.
4. Errors and Omissions (Professional Liability) Insurance. Errors and Omissions (Professional
Liability) insurance and, if necessaty, Commercial Umbrella insurance, which will insure and provide
coverage for errors or omissions or professional liability of the Architect, with limits of no less than
$2,000,000 for each claim.
D. COVERAGES
Commercial General Liability
Automotive Liability
Workers' Compensation
Errors and Omissions
$2,000,000 Each Occurrence
$2,000,000 Personal & Advertising Injuty
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
$2,000,000 Each Occurrence
$1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
$2,000,000 Each Claim
E. CERTIFICATES OF INSURANCE - Prior to commencing work or services under this Contract,
ARCHITECT shall furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or
formal endorsements as required by the Contract in the form provided by the County, issued by
ARCHITECT'S insurer(s), as evidence that policies providing the required coverage's, conditions and limits
required by this Contract are in full force and effect. Such certificates shall identify this contract number and
title.
1. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis,
coverage shall extend for two years past completion and acceptance of ARCHITECT'S work or services
and as evidenced by annual Certificates of Insurance.
2. If a policy does expire during the life of the Contract, a renewal certificate must be sent to COUNTY
fifteen (15) days prior to the expiration date.
F. CANCELLATION AND EXPIRATION NOTICE - Insurance required herein shall not expire, be canceled,
or materially changed without thirty (30) days prior written notice to COUNTY.
SECTION XII - SUCCESSORS AND ASSIGNS
A. The COUNTY and the ARCHITECT each binds himself, his partners, successors, assigns, and legal
representatives to the other party to this Agreement and to the partners, successors, assigns, and covenants
of this Agreement. Neither the COUNTY nor the ARCHITECT shall assign, sublet, or transfer his interest
in this Agreement without the written consent of The other. In no event shall any contractual relation be
created by this Agreement between any third party and the COUNTY. In the event ARCHITECT changes
the name of the firm to which this contract has been awarded, it is incumbent upon ARCHITECT to request
COUNTY through the Procurement Officer to prepare the appropriate agreement to reflect the
ARCHITECT's name change. In the event ARCHITECT chooses not to change its name for work
accomplished through this awarded contract, ARCHITECT will issue all payments on the letterhead of the
firm contracted with the COUNTY under this contract. Failure to comply may result in the invoices of
ARCHITECT being refused, which will result in a delay of payment to ARCHITECT at no additional cost
to COUNTY.
TERM ARCHITECTURAL SE)? VICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 12
SECTION XM - NO KICK-BACK
A. The ARCHITECT warrants that no person has been employed or retained to solicit or secure this Agreement
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, and that no
member of the Board of Supervisors, or any employee of Maricopa County has any interest, financial or
otherwise with the ARCHITECT and his firm.
B. For breach or violation of this warrant, Maricopa County shall have the right to annul this Agreement without
liability, or at its discretion to deduct from the agreement prior to consideration, the full amount of such
commission, percentage, brokerage, and contingent fee.
1. This Agreement and its Notice to Proceed and any addendums thereto shall be subject to ARS Section
38-511.
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, &
AMERICANS WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
A. This Contract is made in accordance with and subject to the provision of all applicable laws, statutes,
ordinances, rules, regulations, executive orders and codes. To the extent required by applicable law, each
party hereto shall comply and require its Subcontractors and suppliers to comply with all then applicable
federal, state of Arizona and local nondiscrimination laws, rules, regulations, ordinances and executive
orders, including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in Employment
Act and the Americans with Disabilities Act, as they may be amended, modified, codified, supplemented or
repealed from time to time.
B. It is Maricopa County's policy to provide Small Business Enterprises (SEE) with the opportunity to
participate in the County's solicitation process and to be considered to fulfill the requirements for various
commodities and services. This contract has no requirement for utilization of SBEs, however it does require
that utilization of SEE firms by ARCHITECT be reported for tracking by the County. A full description of
the County's SEE program and the contractual requirements are attached hereto and incorporated herein by
reference in Exhibit C.
C. CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09
supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at
the Governor of the State of Arizona's website http://www.azgovernor.govidms/upload/E0_2009_09.pdf
which is hereby incorporated into this contract as if set forth in full herein. During the performance of this
contract, CONTRACTOR shall not discriminate against any employee, client or any or any other individual
in any way because of that person's age, race, creed, color, religion, sex, disability or national origin.
SECTION XV - INDEPENDENT CONTRACTOR
A. ARCHITECT is an independent ARCHITECT under this Agreement. Services provided by ARCHITECT
pursuant to this Agreement shall be subject to the supervision of ARCHITECT. In providing such services,
neither ARCHITECT nor its agents shall act as officers, employees, or agents of the COUNTY. This
Agreement shall not constitute or make the parties a partnership or joint venture. The COUNTY is not
responsible for any debt, default, act or omission of the ARCHITECT.
SECTION XVI - CONFLICTS
A. Neither ARCHITECT nor its employees shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible with
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 13
ARCHITECT's loyal and conscientious exercise of judgment related to its performance under this
Agreement.
B. ARCHITECT agrees that none of its officers or employees shall, during the term of this Agreement, serve
as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a
party, unless compelled by court process, Further, ARCHITECT agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse
or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude ARCHITECT or any other
persons from representing themselves in any action or in any administrative or legal proceeding.
C. In the event ARCHITECT is permitted to utilize sub-consultants to perform any services required by this
Agreement, ARCHITECT agrees to prohibit such sub-consultants, by written contract, from having any
conflicts within the meaning of this section.
SECTION XVII - CONTINGENCY FEE
A. ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ARCHITECT, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for ARCHITECT, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For a breach or violation of this provision, COUNTY
shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the
agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
A. COUNTY AND ARCHITECT agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material term hereof.
B. COUNTY'S failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall
not be deem a waiver of any subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
SECTION XIX COMPLIANCE WITH LAWS
A. ARCHITECT shall comply with all federal state, and local laws, codes, ordinances, rules, and regulations
in performing its duties, responsibilities, and obligations pursuant to this Agreement.
SECTION x x - SEVERANCE
A. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless COUNTY or ARCHITECT elects to terminate
this Agreement. An election to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
SECTION )0CI JOINT PREPARATION
A. The parties acknowledge that they have sought and received whatever competent advice and counsel as was
necessary for them to form a full and complete understanding of all rights and obligations herein and that
the preparation of this Agreement has been their joint effoit. The language agreed to expresses their mutual
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Archilectural Services
Page 14
intent and the resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
SECTION XXII - PRIORITY OF PROVISIONS
A. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit
attached hereto, any document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in this Agreement shall prevail and be given effect.
SECTION XXIII - APPLICABLE LAW AND VENUE
A. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State
of Arizona. Venue for litigation or any proceedings concerning this Agreement shall be in Maricopa County,
Arizona.
SECTION XXIV - AMENDMENTS
A. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or similar formality as this Agreement and
executed by the COUNTY and ARCHITECT.
B. All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County
Office of Procurement Services shall be responsible for approving all amendments for Maricopa County
SECTION XXV - PRIOR AGREEMENTS
A. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements,
and understandings applicable to the matters contained herein and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, the parties agree that no deviation ftom 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 alteration in the terms or conditions contained herein shall be effective unless
set forth in writing in accordance with Section XXIV above.
SECTION XXVI - DRUG-FREE WORKPLACE
A. It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of
a drug free work place. Execution of this Agreement by ARCHITECT shall serve, as ARCH1TECT's
required certification that it either has or that it will establish a drug free work place.
SECTION XXVII - INCORPORATION BY REFERENCE
A. The truth and accuracy of each "Whereas" clause set forth herein is acknowledged by the parties. The
attached Exhibits are incorporated into and made a part of this Agreement.
SECTION XXVIII - LEGAL WORKER REOUIREIVIENTS
A. As required by Arizona Revised Statutes §41-4401, the COUNTY is prohibited after September 30, 2008
from awarding a contract to any service or construction ARCHITECT who fails, or whose sub-contractors
fail, to comply with Arizona Revised Statutes § 23-214-A. The ARCHITECT warrants that it complies fully
with all federal immigration laws and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department of Homeland Security
and the Social Security Administration or any of its successor programs, the employment eligibility of each
employee hired after December 31, 2007, and that it shall require its sub-contractors and sub-sub-contractors
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL, NO. 200020-ROO
Term Architectural Services
Page 15
to provide the same warranties to the ARCHITECT. The ARCHITECT acknowledges that a breach of this
warranty by ARCHITECT or by any sub-contractor or sub-sub-contractor under this Contract shall be
deemed a material breach of this Contract, and is grounds for penalties, including termination of this
Contract, by Maricopa County. Maricopa County retains the right to inspect the records of any
ARCHITECT, sub-contractor and sub-sub-contractor employee who performs work under this Contract, and
to conduct random verification of the employment records of the ARCHITECT and any sub-contractor and
sub-sub-contractor who works on this Contract, to ensure that the ARCHITECT and each sub-contractor and
sub-sub-contractor is complying with the warranties set forth above. ARCHITECT shall be responsible for
all costs associated with compliance with this requirement.
SECTION XXIX — ATTACHMENTS
Exhibit A — Project Services
Exhibit B Hourly Rates
Exhibit C SBE Reporting Form
Exhibit D — Legal Worker Statement (from Statement of Qualifications)
Exhibit E — Alternative Dispute Resolution
Exhibit F — Record Drawing Procedures
SECTION X..LX - NOTICES
Notices: All notice to be given hereunder shall be in writing, and may be given by depositing the same
in the United States mail addressed to the party to be notified, postpaid, return receipt requested or by
delivering the same n person to such party with written receipt of acknowledgement of delivery by a
person at the address(s) set forth below. All notices to be given to the parties hereto shall be sent to or
made to the addresses shown below. The place for giving notice shall remain the same as set forth herein
unless changed in the manner provided in this Section.
Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified
United States mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a
written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set forth herein until changed
in writing in the manner provided in this Section. For the present, the parties designate the following:
Rich Wegele, Director
Facilities Management Department
Maricopa County
401 W. Jefferson Street
Phoenix, Arizona 85003
AND
Kevin Tyne, Chief Procurement Officer
Office of Procurement Services
Maricopa County
320 W. Lincoln Street
Phoenix, Arizona 85003
AND TO DESIGN PROFESSIONAL:
Robin Shambach, AIA LEED AP
BWS Architects
341 E. Camelback Rd, #100
Phoenix, Arizona 85012
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Ternr Architectural Services
Page 16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
A.
Notice Prior to Execution of Work, If the ARCHITECT wishes to make Claim for any increase in the
Project Cost, written notice must be given before proceeding to execute the Work. Prior notice is not
required for Claims relating to an emergency endangered life or property. If the ARCHITECT believes
additional cost is involved for reasons including but not limited to (1) a written interpretation from the
design, an order by the OWNER to stop the Work where the ARCHITECT was not at fault, (2) other
reasonable grounds, a Claim shall be filed in accordance with this Section.
E.
Fourteen Days after Occurrence. If the ARCHITECT wishes to make a Claim for an increase in the
Project Cost, the ARCHITECT shall give the OWNER written notice thereof within fourteen (14) days
after the occurrence of the event giving rise to such Claim or within fourteen (14) days after the
ARCHITECT should have recognized, in the exercise of due diligence, the condition giving rise to such
Claim. The ARCHITECT shall provide such notice before proceeding to perform the Work. Any Claim
with respect to an emergency shall be made not later than five (5) days after occurrence of the emergency
as to which the Work was performed.
C.
Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase Project Cost in
strict compliance with the requirements of this Section shall constitute a waiver of such Claim.
D.
Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative dispute
resolution ("ADR") process provided for in as Exhibit E (attached hereto and incorporated herein by
this reference) shall be the exclusive means for resolution of claims or disputes arising under this
Contract,
SECTION XXXH - CONTRACT EXECUTION
This Agreement shall be in full force and effect only when the Board of Supervisors of Maricopa County,
Arizona has approved it, and when executed by the Chairman of the Board of Supervisors.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in counterparts, each of which shall without proof or accounting for the other counterparts, be deemed
an original Contract.
SECTION Valli — 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.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 17
Term Architectural Services
200020-ROQ
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COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY:
ACCEPTED AND APPROVED:
Department Head
Date
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
LEGAL REVIEW:
Approved as to form and within the powers
And authority granted under the laws of the
State of Arizona to Maricopa County.
By:
Deputy County Attorney
Date:
TERM ARCHITECTURAL SERVICES CONTRACT
Term Architectural Services
SERIAL NO. 206020-800
Page 18
EXHIBIT A - PROJECT SERVICES
Facilities Management Department
MARICOPA COUNTY, ARIZONA
3 Year TERM
ARCHITECTURAL SERVICES CONTRACT
SERIAL # 200020-ROQ
CONTRACT NO.: 200020-ROQ
I - GENERAL
A. This exhibit lists the range of requirements, which may become part of any PROJECT for which the
ARCHITECT provides professional services. The actual service requirements will vary with each
PROJECT. The ARCHITECT and COUNTY will meet and review the scope of work for each PROJECT
completed under terms of this contract and the COUNTY will identify which services it requires of the
ARCHITECT. Based upon the scope of work and the required services the ARCHITECT shall prepare his
proposal, which shall include a design phase schedule. That schedule shall include appropriate time for:
design by phases; owner and stakeholder review and responses thereto and permitting. That schedule will
then be updated and delivered electronically every two (2) weeks.
B. All services listed herein may not be required for a project completed by the ARCHITECT. The COUNTY
reserves the right to request additional services not listed here from the ARCHITECT if required to complete
the work, and to direct that any listed services not be performed.
C. ARCHITECT shall send documents that are to be delivered to the COUNTY to the COUNTY's contract
vendor for printing, unless otherwise approved in writing by the COUNTY. The COUNTY will be billed
directly for these printing costs,
- PRE-DESIGN SERVICES PHASE
A. The ARCHITECT shall, if requested by the Owner, work with the Owner to develop a scope of work, phases,
schedule and budget for a specific project. These services may include programming, space schematics and
flow diagrams, survey of existing facilities, marketing studies, economic feasibility studies, project financing
studies, etc, The Architect shall incorporate COUNTY space and graphic standards, and shall develop a
program for a specific project.
13. After completion of the pre-design services, the ARCHITECT shall present these documents to the
COUNTY for review, comments, and approval. The COUNTY shall have the right to make changes on
review at no cost to the COUNTY as long as the original PROJECT scope is not materially affected.
C. The ARCHITECT shall present, at the request of the COUNTY, the pre-design documents to the Maricopa
County Facilities Management Department.
In - SCHEMATIC DESIGN PHASE
A. The ARCHITECT shall provide a preliminary evaluation of the program requirements and the PROJECT
budget constraints, each in terms of the other, then review with the COUNTY any inconsistencies evident
between these program requirements and the budgetary limitations.
B. Based upon the mutually agreed PROJECT program and budget requirements, the ARCHITECT shall
prepare, if requested by the Owner, schematic design studies leading to the recommended design concept
together with a general description of the PROJECT in terms of its scale and interrelationship of parts. The
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 19
ARCHITECT shall submit four (4) sets of prints and an electronic copy of these documents to the COUNTY.
Upon request the ARCHITECT shall provide the COUNTY, one (1) set of schematic design documents as
revised by the ARCHITECT to incorporate COUNTY requested changes at the end of this design phase.
The schematic design documents will be in a PDF format acceptable to the COUNTY.
C. After completion of the schematic design studies the ARCHITECT shall present these studies to the
COUNTY for review, comment, and approval. The COUNTY shall have the right to make changes on
review at no cost to the COUNTY as long as the original PROJECT scope is not materially affected.
D. The ARCHITECT shall present, at the request of the COUNTY, the schematic design to the Maricopa
County Facilities Management Department.
IV - DESIGN DEVELOPMENT PRASE
A. After the schematic design studies are approved by the COUNTY and the ARCHITECT is so advised in
writing by the COUNTY, the ARCHITECT shall prepare from the approved schematic design studies the
design development documents and other criteria as may be appropriate.
B. The ARCHITECT shall design the PROJECT so that the construction will conform to the requirements of
Title 34, Arizona Revised Statutes (ARS) regulating Public Buildings and Improvements as well as other
applicable laws, codes, and regulations.
C. The ARCHITECT shall submit to the COUNTY the design development drawings and specifications as
deliverables. The design development deliverables shall include a detailed construction estimate.
D. After completion of the design development phase, the ARCHITECT shall deliver four (4) sets of Design
Development documents and outline specifications to the COUNTY for review, comment, and approval.
The Design Development Documents will be in a PDF format acceptable to the COUNTY. The COUNTY
shall have the right to make changes at no additional cost provided that the previously approved design
development phase concept is not materially affected by these changes. Upon request, the ARCHITECT
shall provide the COUNTY, one (1) set of design development documents as revised by the ARCHITECT
to incorporate COUNTY requested changes at the end of this design phase.
V - CONSTRUCTION DOCUMENTS PHASE
A. After the updated design development documents and construction cost estimates have been approved by
the COUNTY and the ARCHITECT has been so advised in writing by the COUNTY, the ARCHITECT
shall prepare, from the approved design development documents, the 50% construction drawings, plans, and
specifications setting forth in detail the work required.
B. The ARCHITECT and his consultants shall prepare all drawings for the PROJECT utilizing drafting/design
software that are capable of producing final Record Documents in AutoCAD. The drawings shall conform
to the guidelines and criteria identified in Exhibit F established by the COUNTY. Project Specifications
shall be prepared utilizing Microsoft Word. When requested by the COUNTY, the ARCHITECT shall
deliver four (4) sets of 50% complete Construction Documents and project Specifications for review and
comment by the COUNTY. The 50% Construction Documents shall be in a PDF format acceptable to the
COUNTY.
C. The ARCHITECT shall prepare his drawings according to generally accepted practice, COUNTY standards,
and as defined by the "A/E Standard Operating Procedures Manual". The ARCHITECT shall include the
General Conditions and General Requirements as required by the COUNTY and as provided by the
COUNTY.
TERM ARCHITECTURAL SERVICES CONTRACT
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Term Architectural Services
Page 20
D. The ARCHITECT shall provide an updated, detailed construction cost estimate. If the construction estimate
is not within the County's approved construction budget for the project, it will be incumbent on the Architect
to revise the design to bring the construction estimate within the approved construction budget at no
additional cost to the Owner.
E. After the 50% Construction Documents and the updated construction cost estimates have been approved by
the COUNTY and the ARCHITECT has been so advised in writing by the COUNTY, the ARCHITECT
shall prepare from the approved 50% Construction Documents, the Fined Construction Documents, and
Specifications, including the Final General Conditions and General Requirements setting forth in detail the
work required.
F. After completion of the Final Construction Documents and Specifications the ARCHITECT shall submit
the Final Construction documents to secure approval of all governmental authorities having jurisdiction over
the design of the PROJECT. All filing and plans approval fees shall be paid directly by the COUNTY. The
ARCHITECT shall comply with all applicable federal, state, and local laws, codes, and regulations in effect
at the time the construction contract documents (plans and specifications) are submitted for regulatory
approval. The ARCHITECT shall be responsible for all review comments and corrections as required to
comply with applicable laws, codes, and regulations at no additional cost to the COUNTY.
G. The ARCHITECT shall submit two (2) sets of final design calculations, including structural, mechanical,
electrical, and plumbing, and four (4) sets of "Construction Documents" including Project Specifications for
review and approval to the COUNTY. The time required by the ARCHITECT to make corrections to the
plans requested by the COUNTY or required by regulatory agencies is considered part of his total contract
time.
VI - QUALITY ASSURANCE/QUALITY CONTROL
A. The COUNTY shall review ARCHITECT'S preparation of plans and specifications at the conclusion of each
of the design phases. The ARCHITECT shall provide such information as the COUNTY may require
regarding the ARCHITECT'S design and selection of materials and equipment. ARCHITECT shall provide,
at the COUNTY'S request, such data and information as COUNTY may require regarding ARCHITECT'S
construction estimate for the PROJECT.
B. The COUNTY will review a Constructability and Value Engineering report prepared by the ARCHITECT
at the completion of Design Development and 50% of Construction Documents phases.
C. Within ten (10) days after the receipt of a Notice to Proceed, the ARCHITECT shall provide the COUNTY
with a plan for Quality Assurance/Quality Control of the professional services the ARCHITECT shall
provide for the PROJECT. The Quality Assurance/Quality Control plan shall be in accordance with the "AJE
Standard Operating Procedures Manual" and be executed through all phases of PROJECT work. The
ARCHITECT shall be solely responsible for carrying out the Quality Assurance/Quality Control plan for
the PROJECT, the objective of which shall be to prevent errors and omissions in the plans and specifications
and other documents prepared by the ARCHITECT. The COUNTY will monitor the ARCHITECT's
implementation of the Quality Assurance/Quality Control plan, but the COUNTY will not be responsible
for the ARCHITECT's failure to carry out the Quality Assurance/Quality Control plan nor for the accuracy
and quality of the ARCHITECT's services. The ARCHITECT shall maintain all quality control records for
a minimum of five (5) years following the date of substantial completion of the PROJECT. The COUNTY's
rights to examine such records shall not be construed to confer upon COUNTY a duty to check or examine
such records, as the Quality Assurance/Quality Control plan and its documentation is the sole responsibility
of the ARCHITECT.
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SERIAL NO. 200020-ROO
Term Architectural Services
Page 21
D. Failure by the ARCHITECT or his consultants to incorporate COUNTY or regulatory agency comments
into his plans shall constitute an error or omission on the part of the ARCHITECT and the cost of any
necessary corrective action is to be borne by ARCHITECT.
VII- BIDDING PHASE
A. Upon approval of the final "Construction Documents", including drawings, specifications, and other contract
documents, and upon issuance of a call for construction bids, the ARCHITECT shall send documents to
COUNTY's contract vendor. The COUNTY's contract vendor shall be responsible for printing and
distribution of bid sets to contractors and bidding services. At the option of the COUNTY, the ARCHITECT
may be responsible for the distribution of sets of bidding documents and shall collect a deposit prior to
release of any set, conditional upon the return ofthe bidding documents in reusable condition. The Architect
shall also send the final "Construction Documents", including drawings, specifications, and other contract
documents in an electronic format approved by the Owner to the Maricopa County Procurement Department
for bidding purposes.
B. The ARCHITECT shall review all submittals from contractors or suppliers for requested substitutions. The
ARCHITECT shall review all drawings, samples and various other submittals to determine compliance with
the PROJECT plans and specifications. If the ARCHITECT determines that a substitution meets the
specifications, the ARCHITECT shall forward the request to the COUNTY with his recommendations. The
ARCHITECT shall then publish in an addendum, a listing all prior approval substitutions approved by both
the ARCHITECT and COUNTY not less than seven (7) days prior to the opening of bids. Failure by the
ARCHITECT or his consultants to incorporate COUNTY comments, adequately evaluate substitutions and
issue the addenda according to statutory requirements shall constitute an error or omission on the part of the
ARCHITECT and the cost of any necessary corrective action is to be borne by ARCHITECT.
C. The ARCHITECT shall prepare and distribute addenda as required.
D. The ARCHITECT shall attend the pre-bid meeting to discuss the PROJECT scope of work, the contract
documents, including any addenda. The Architect shall prepare additional addenda to clarify any bidding
contractor questions about the PROJECT.
E. OVERBUDGET BIDS - In the event a PROJECT is bid and the lowest responsible bid is more than 10%
over the ARCHITECT's estimate, the COUNTY may reject all bids or appropriate such additional moneys
as are necessary to award the bid. In the event the COUNTY elects to reject all bids, the COUNTY shall
direct the ARCHITECT to redesign the PROJECT and re-bid the project, without additional fee.
VIII- CONSTRUCTION PHASE
A. The ARCHITECT shall attend the contractor's pre-construction meeting with the successful bidder. The
ARCHITECT shall record the pre-construction meeting and forward a written record of the meeting minutes
to the COUNTY within three (3) working days.
B. The ARCHITECT shall have access to the work on the PROJECT in normal business hours after proper
notice to the Contractor whenever the work is in preparation or progress. At all times, proper safety
precautions shall be taken by the ARCHITECT.
C. The ARCHITECT shall review and make recommendations to the COUNTY on all claims made by the
Contractor and on all other matters relating to the execution and progress of the work and regarding the
interpretation of the construction contract documents.
D. The ARCHITECT shall timely review all shop drawings, samples and various other submittals to determine
compliance with the PROJECT plans and specifications. If the ARCHITECT determines that a substitution
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Tenn Architectural Services
Page 22
is required, the ARCHITECT shall forward the request to the COUNTY with his recommendations. The
ARCHITECT shall advise the COUNTY upon the rejection of any submittal item and provide to the
COUNTY an analysis that reflects the effect of such rejection upon the project's critical path and project
execution. As to submittals, ARCHITECT will review submittals for items specifically mentioned in the
Specifications. Responses to submittals shall be made within fourteen (14) days after submittals are
received,
E. The ARCHITECT shall prepare Proposal Requests (PR) and shall forward the proposal, together with the
reason and justification for the change, to the Owner. The Architect shall not send PR directly to the
contractor.
F. The ARCHITECT shall review Change Order requests (if requested by the Owner) and shall forward the
proposed Change Order, together with his final recommendations to the COUNTY.
G. The ARCHITECT shall respond to requests for information and shall issue such Architect's Supplemental
Instructions, AIA Document G710, as are required for the clarification of the construction contract
documents and to expedite construction of the PROJECT. ALL SUPPLEMENTAL INSTRUCTIONS
MUST HAVE THE APPROVAL OF THE COUNTY. RFI' s shall be submitted to the ARCHITECT, with
a copy to the COUNTY, on a form that is acceptable to the COUNTY. REPS shall be in numerical order,
with no breaks in consecutive numbering. Each page of any attachments to an REI shall bear the RF'I
number. All RFI's should be submitted by e-mail. RFI's shall not be utilized to approve submittals or
substitutions nor to request Task Order Modifications or Change Orders. RR's shall be responded to within
seven (7) days of being received, referencing the RH number.
H. The ARCHITECT of record and their Consultants shall make periodic site visits for the purpose of
determining general compliance with the approved PROJECT plans and specifications.
I. The frequency of these periodic visits shall be determined by the particular work being performed and
their relationship to critical events including but not limited to: major system start-up's and training.
2. All site visits shall be conducted by the appropriate professional discipline for the work in progress.
3. All visits shall be documented by dated reports on the Architect's Field Report, AIA Document G711.
Problems requiring action by the ARCHITECT or its consultants shall also be recorded, dated, and
appended to the Field Report. Copies shall be forwarded to the COUNTY weekly.
4. It is considered important that the quality of work to be later concealed be observed and documented on
a regular basis. Any deviations from the approved PROJECT plans and specifications shall be brought
to the attention of the Contractor and the COUNTY.
5. The ARCHITECT shall review the plans maintained at the site by the Contractor for notation of
"as-built" construction and report to the COUNTY on the progress of the Contractor's change notation
work monthly in writing prior to each contractor request for payment.
6. The ARCHITECT shall review the contractors shop drawing log, the progress of submittals and the
completeness and accuracy of his as-built noted plans.
I, The ARCHITECT shall review all Contractor payment requests and receipts for stored materials and certify
that to the best of his knowledge, information, and belief, based on what his observations have revealed, the
quality and quantity of the work is in accordance with the Contract Documents. As part of each payment
application review, the ARCHITECT shall review the as-built drawings to confirm in writing to the Owner
they are current.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 23
J. The ARCHITECT and OWNER shall review materials testing reports required by the construction
documents prior to filing, The ARCHITECT shall review with the COUNTY and direct corrective work in
all instances where these reports indicate materials failure to meet specifications.
K. The ARCHITECT shall prepare Certificates of Substantial Completion and Final Completion when
appropriate. The ARCHITECT shall conduct inspections and, subject to the COUNTY approval, determine
the Date of Substantial Completion and Final Completion and enter such date on the Certificate.
L. The ARCHITECT will create the punch list upon Substantial Completion and review the performances of
the items to assure their having been completed.
IX - ARCHITECTS REQUIRED ADDITIONAL SERVICES
A. The following items represent additional services of the ARCHITECT that may be required on a PROJECT.
Upon the request by the COUNTY, the ARCHITECT shall submit costs for requested additional services.
The ARCHITECT is not to proceed with any additional services without written approval from the
COUNTY.
B. Upon request of the COUNTY, the ARCHITECT shall maintain a competent full-time person at the Project
Site to monitor job progress and for conformance of materials and construction with the Contract Documents
for this new facility, The ARCHITECT's full-time representative shall be an experienced Arizona Registered
ARCHITECT suitable to the COUNTY who shall be present at the Project Site a minimum of forty (40)
hours per week and when any work by the contractor or his subcontractors is being performed except for
Arizona State authorized holiday periods. The ARCHITECT's office staff as required shall support this
resident observer.
I. A resume of this full-time representative shall be furnished to the COUNTY for review and approval.
This observer shall attend all progress meetings at which the COUNTY, ARCHITECT, General
Contractor, and Subcontractors can discuss jointly job procedures, progress, problems, and scheduling.
2. The observer shall maintain at the Project Site, on a current basis, contract records, supplemental
instructions, records of all necessary contract, approved drawings and specifications, samples, materials
maintenance and operating manuals and instructions, and other construction related documents,
including all revisions thereto. He shall obtain from the Contractor a current set of record drawings,
specifications and operating manuals at the completion of the PROJECT. The ARCHITECT shall see
that all record items are delivered to the COUNTY.
3. The observer will issue weekly field reports, electronically submitted to the COUNTY.
4. The period of service for the observer shall be based on an established construction period of time.
Should it appear that construction work would carry beyond the contracted period of service, an
additional service must be authorized by the COUNTY in writing to extend observer's services.
5, The ARCHITECT shall be responsible for the timely completion of these items so as not to delay his
work under this Agreement.
X - OPERATION AND MAINTENANCE MANUAL(s)
A. Upon request of the COUNTY, as a condition for Substantial Completion, the ARCHITECT shall review
and approve comprehensive Operation and Maintenance Manuals and Warranties for the PROJECT.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 24
B. The ARCHITECT shall be responsible for the timely completion of these items so as not to delay his work
under this Agreement.
C. The Contractor shall coordinate and conduct all required, training sessions as required by the COUNTY to
fully explain and understand the safe operation and maintenance of the system. The ARCHITECT shall
ensure the proper inclusion and coordination by the Contractor of all required factory training aids and
sessions, written guarantees, bonds, warranties, parts lists, spare parts, extra materials, replacement
materials, operating manuals, and maintenance manuals, and all operating and maintenance audio and visual
instructional and training materials shall be delivered to the COUNTY. All training sessions shall be
recorded by the ARCHITECT on a media approved by the COUNTY.
D. POST-CONSTRUCTION WARRANTY - Upon request of the COUNTY, the ARCHITECT shall assist
the COUNTY in conducting a post-construction inspection at least thirty (30) days prior to the expiration of
the (I) one-year post-construction warranty period as required in the ARCHITECT prepared Contract
Documents, making diligent efforts to identify all deficiencies and warranty-related problems and provide a
report on all faults noted and discovered during the inspection to the COUNTY.
E. RECORD DRAWINGS — Upon request of the COUNTY, the ARCHITECT shall prepare record drawings
separately for the PROJECT .Buried underground utilities may be shown as "As-Built" and indicated as
such. The record drawings shall be in AutoCAD and PDF formats as prescribed in Exhibit F.
F. If requested by the COUNTY, the ARCHITECT shall retain the services of an Arizona registered
professional engineer to prepare the necessary plans and specifications for a fire sprinkler system for the
PROJECT. The design shall include pipe types and sizes, valve types and sizes and all notations necessary
to construct a complete system. The plans will be prepared for the purposes of competitive bidding.
G. When the following services cause the ARCHITECT extra expense and when authorized in writing prior to
performance of such work, these services will be paid for as an "Additional Service."
1. Revising previously approved drawings or specifications to accomplish changes requested by the
COUNTY.
2. Preparing documents for supplemental construction work initiated after commencement of the
construction phase not caused by the errors or omissions of the ARCHITECT.
3. Consultation concerning replacement of any work damaged by fire, flood and other natural causes during
construction and furnishing professional services as may be required in connection with the replacement
of such work.
4. Arranging for the work to proceed should the Contractor default due to delinquency or insolvency
H. The ARCHITECT shall be compensated for additional services, when authorized in writing prior to
performance of such services. Hourly fee compensation on a lump-sum basis shall be in accordance with
Exhibit B— Hourly Rate.
I. It is distinctly understood and agreed that no claims for additional compensation will be allowed by the
COUNTY except as provided herein, nor shall the ARCHITECT perform any work or furnish any materials
not covered by this Agreement. Such work or materials furnished by the ARCHITECT without the written
authorization from the Director, of FMD, or his designee, shall be at his own risk, cost and expense. The
ARCHITECT hereby agrees that without such prior written authorization, he will make no claim for
compensation for such work or materials furnished.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services -
Page 25
J. Failure to perform any part of the additional services identified within this section shall constitute a violation
of this contract. In the event of such failure, the COUNTY reserves the right to contract with others to have
these services completed and the full amount for such a contract as well as such reasonable costs incurred
by the COUNTY to obtain that contract shall be borne by the ARCHITECT. This cost shall be deducted
from fees due the ARCHITECT.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-R00
Term Architectural Services
Page 26
EXHIBIT B — HOURLY RATES
See attached
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO, 200020-ROO
Term Architectural Services
Page 27
Facilities Management Department
MARICOPA COUNTY, ARIZONA
200020-ROaTerm Architectural Services
ARCHITECTURAL SERVICES CONTRACT
SERIAL ti 200020-R00
CONTRACT NO, 200020-R0Q
COMPANY NAME: BWS ARCHITECTS
Hourly rates shall be all inclusive of the direct labor hourly rate as well as overhead and profit.
Administration time (Admin) is considered overhead. Please utilize these staff classifications
and do not add or modify any classifications.
STAFF CLASSIFICATION
BILLING HOURLY RATE
Principal
$165/hour
Project Manager
$146/hour
Architect
SUB/hour
Specification Writer
$105/hour
Project Coordinator
$102/hour
Drafter (BIM)
$85/hour
EXHIBIT C MARICOPA COUNTY SMALL BUSYNESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice without this form attached is subject
to rejection as not being a completed pay application or invoice pursuant to the terms of the contract.
Name of Prime Consultant/Contractor
Contract No.
Contact Person
Project No.
Street Address
Amount of this Pay Application/Invoice
City, State ZIP
Complete below with information on the SBE firms utilized as sub-consultants/subcontractors for this pay application/invoice. If work
was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. * 41-1001, et seq., then you may list your firm as the
SBE firm.
SBE:Pirtri Name
.
.
SBErFirin Addiess
-Type •of,Worlc: performed • $:Pd to SBE this .:40/111V
0 A mark in this box certifies that no SE firms were utilized as the prime, sub-consultant or subcontractor with respect
to this pay application/invoice.
Date:
Phone No.:
Printed Name
SERIAL NO. 200020-ROO
Page 28
TERM ARCHITECTURAL SERVICES CONTRACT
Term Architectural Services
EXHIBIT D - LEGAL WORKER CERTIFICATION
(NOTE: Please see proposal for document)
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-R00
Term Architectural Services
Page 29
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION
1.1
Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the alternative
dispute resolution ("ADR") process provided herein shall be the exclusive means for resolution of claims
or disputes arising under or related to the Contract, the interpretation thereof or the performance or
breach by any party thereto, including but not limited to original claims or disputes asserted as cross
claims, counterclaims, third party claims or claims for indemnity or subrogation, in any threatened or
ongoing litigation or arbitration with third parties, if such disputes involve parties to contracts containing
this ADR provision. No changes can be made to this process without the mutual assent of the County
and the claimant. The parties have structured this procedure with the goal of providing for the prompt,
efficient and final resolution of all disputes falling within the purview of this ADR process.
1.2
Meeting of Principals. When a claim is made or a dispute (hereafter "dispute") as described in Paragraph
1.1 arises, senior representatives of the County and the claimant will meet personally within ten (10)
business days to discuss the dispute and attempt to resolve it. If, after good faith efforts, resolution is
not achieved, the dispute will proceed to mediation.
1.3
Qualifications of Mediator and Arbitrators. Any person selected as mediator or arbitrator, either as
single arbitrator as a member or Chair of the arbitration panel, shall be a member of the State Bar of
Arizona and have experience in construction law.
1.4
Mediation. If the parties have been unable to resolve the dispute after a meeting of principals, the parties
may enter into mediation. The parties shall jointly select a mediator. The parties may mutually agree
to waive mediation and proceed directly to arbitration. If the mediation process is requested by either
party, the mediation period shall be informal and shall not exceed sixty (60) calendar days from the
selection of the mediator. During the mediation process either party may terminate mediation on written
notice to the other party and the mediator.
1.5
Binding Arbitration Procedure. The following binding arbitration procedure shall serve as the exclusive
method to resolve a dispute if mediation is unsuccessful, if mediation has been waived by the parties, or
if a party requests arbitration during the mediation process. Except as provided in Section 1.7.5 and
1.7.9, the decision of the arbitrator or arbitrator panel is final and binding on the parties and not subject
to further judicial review.
1.5.1
A party requesting binding arbitration shall notify the other party of their demand for arbitration
in writing within seven (7) calendar days of (1) the failure of mediation; (2) waiver of mediation;
or (3) of the party's demand to terminate mediation.
1.5.2 If the 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 1.7.7. The bond must be in the full amount
agreed upon or as established by the Arbitrator to pay the potential cost of the full arbitration
proceeding. The bond must be posted with and received by the arbitrator within five (5) calendar
days after the demand for arbitration.
1.5.3 Disputes involving less than $200,000 shall be heard by one single arbitrator chosen by
agreement of the parties. If the parties cannot agree on the single arbitrator, then the parties
shall each submit two names to a Judge designated by Maricopa County who shall select the
single arbitrator.
1.5.4 For disputes in excess of $200,000, the arbitration panel shall consist of three arbitrators: the
County's appointed arbitrator, the Architect's appointed arbitrator and a third arbitrator who
shall be selected by the parties' arbitrators and serve as the Chair of the arbitration panel.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
MPH, Architectural Services
Page 30
1.5.5 The arbitration is to be convened and administered under the Revised Uniform Arbitration Act
("RUAA") (A.R.S. § 12-3001 et seq.) and the American Arbitration Association Construction
Rules shall serve as a guideline for proceedings, thus as a supplement to the RUAA.
1.6
Expedited Hearing. Any party can request the single arbitrator or the Chair of the arbitration panel to
set an expedited hearing. If the single arbitrator or the Chair of the arbitration panel determines that the
circumstances justify it, the single arbitrator or the Chair of the arbitration panel will arrange for
scheduling of the arbitration at the earliest possible date. In any event, the hearing of any dispute not
expedited will commence as soon as practical but in no event later than thirty (30) calendar days after
notification of request for arbitration having been received. This deadline can be extended only with the
consent of all the parties to the dispute, or by decision of the single arbitrator or the Chair of the
arbitration panel upon a showing of good cause.
1.7
Procedure. The single arbitrator or the arbitration panel will conduct the hearing in such a manner that
will resolve disputes in a prompt, cost efficient manner giving regard to the rights of all parties. Each
party shall supply to the single arbitrator or arbitration panel a written pre-hearing statement which shall
contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief
description of the subject matter of the testimony of each witness who will be called to testify, and an
estimate as to the length of time that will be required for the arbitration hearing. The single arbitrator or
the Chair of the arbitration panel shall determine the nature and scope of discovery, if any, and the
manner of presentation of relevant evidence consistent with deadlines provided herein, and the parties'
objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of any
materials or 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.
1.7.1
Hearing Days. In order to effectuate parties' goals, the hearing once commenced, will proceed
from working day to working day until concluded, absent a showing of good cause.
1.7.2 Award. The single arbitrator shall within ten (10) calendar days of the conclusion of a hearing
issue an award. The arbitration panel shall, within ten (10) calendar days from the conclusion
of any hearing, by majority vote, issue its award. The award shall include an allocation of fees
and costs pursuant to 1.7.7 herein. The award is to be in accordance with the Contract and the
law of the State of Arizona.
1.7.3 Scope of Award. Regardless of the provisions of the RUAA, the arbitration panel shall be
without authority to award punitive damages, and any such punitive damage award shall be void.
If an award is made against any party in excess of one hundred thousand dollars ($100,000),
exclusive of interest, arbitration fees, costs and attorneys' fees, it shall be supported by written
findings of fact, conclusions of law and a statement as to how damages were calculated.
1.7.4 Jurisdiction. The arbitration panel shall not be bound for jurisdictional purposes by the amount
asserted in any party's claim, but shall conduct a preliminary hearing into the question of
jurisdiction over the claim as regards its amount upon application of any party at the earliest
convenient time, but not later than the commencement of the arbitration hearing. If the dispute
is determined to involve less than $200,000, the arbitration shall continue before the Neutral
Arbitrator as a single arbitrator, with the party appointed arbitrators being excused.
1.7.5 Entry_ of Judgment. As provided in the RUAA, any party can make application to the Maricopa
County Superior Court for confirmation of an award, and for entry of judgment on it.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 31
E7.6 Severance and Joinder, To reduce the possibility of inconsistent adjudications, the Mediator or
the single arbitrator or arbitration panel, may (i) at the request of any party, join and/or sever
parties, and/or claims arising under other contracts containing this ADR provision, and (ii) the
Mediator, on his own authority, or the single arbitrator or arbitration panel may, on its own
authority, join or sever parties and/or claims subject to this ADR process as deemed necessary
for a just resolution of the dispute, consistent with the parties' goal of the prompt and efficient
resolution of disputes, provided; however, that the A/E, OWNER and Project Professionals shall
not be joined as a party to any claim made by a 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.
E7.7 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.
1.7.8 Confidentiality. Any proceeding initiated under this ADR provision shall be deemed
confidential to the maximum extent allowed by Arizona law and, except for disclosures to a
party's attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to seek
interim equitable relief, or to enforce an agreement reached by the parties or an award made
hereunder. This provision does not affect the County's right to inform the County Supervisors
of the dispute.
1.7.9 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any party
can petition the Maricopa County Superior Court for interim equitable relief as may become
necessary to preserve the status quo and prevent immediate and irreparable harm to a party or
to the Project pending resolution of a dispute pursuant to ADR provided herein. No court may
order any permanent injunctive relief except as may be necessary to enforce an order entered by
the arbitration panel. The fees and costs incurred in connection with any such equitable
proceeding shall be determined and assessed in ADR.
1.7.10 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.
1.7.11 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to include
all claims, demands, and requests for compensation for costs and losses or other relief, including
the extension of the Contract performance period which reasonably should or could have been
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Tenn Architectural Services
Page 32
brought against any party that was or could have been brought into this ADR process, with
respect to the subject claim. The arbitration panel shall apply legal principles commonly known
as merger and bar to deny any claim or claims against any party regarding which claim or claims
recovery has been sought or should have been sought in a previously adjudicated claim for an
alleged cost, loss, breach, error, or omission.
1.8
Inclusion in Other Contracts. The Architect shall cooperate with the County in efforts to include this
ADR provision in all other Project contracts.
END OF EXHIBIT
TERM ARCHITECTURAL SEI?VICES CONTRACT
SERIAL NO. 200020-R00
Term Architectural Services
Page .3 3
EXHIBIT F 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, and Contractors 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, Contractors 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 o f 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.
•
AutoCADO 2007 or higher — DWG format only.
•
Adobe® PDF version 6,0 or higher.
Scale, Units, Coordinate System and Orientation
AutoCAD drawings should be drafted at full scale in architectural or engineering units, such that one drawing
unit equals one inch. The User Coordinate System (UCS) for all AutoCAD drawings should be set to "World".
Tolerances
When projects require creation of new AutoCAD floor plans from field measurements, exterior building
dimensions should reconcile to within one (1) inch of actual building dimensions as measured in the field.
Interior building dimensions must reconcile to within half (112) inch of actual field dimensions. However,
individual project requirements may vary. Please confirm requirements with the Project Manager designated by
Maricopa County.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Architectural Services
Page 34
Blocks
The following rules must be employed when handling block entities:
I. All entities within a block must be created on layer 0.
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, AR extenrally 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 Contractor 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; I) 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 Contractor 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 Marieopa 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 Contractors.
BIM Execution Plan
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Term Arehiteeffiral Services
Page 35
Projects utilizing BIM are required to provide a BIM Execution Plan to document modeling practices. This
document declares what is being modeled, the accuracy of the models, the intent of the models, and how project
teams work within the models,
BIM Standards
Modeling practices and standards should be declared and agreed upon in the Project's BIM Execution Plan.
BIM Models and Deliverables
Models turned over to Maricopa County as a deliverable must meet the requirements of the agreed upon BIM
Execution Plan.
Use of Revit
Models are to be created in the most current version of Autodesk Revit. Modeling practices are to be declared
in the project's BIM Execution Plan,
END OF EXHIBIT
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROO
Tern) Architectural Sal-vices
Page 36
OFFICE OF PROCUREMENT SERVICES - MARICOPA COUNTY
STATEMENT OF QUALIFICATIONS FOR
ARCHITECTURAL SERVICES
SERIAL #
200020-ROQ
CONTRACT* 200020-R04
DUE DATE:
THURSDAY, NOVEMBER 14, 2019
DUE TIME:
2:00 PM MST
bws
ARCHITECTS
341 E. CAMELBACK ROAD, #100
PHOENIX, ARIZONA 85012
480.980.9054
CONTENTS OF SUBMITTAL
Cover Letter - 1 PAGE MAX
TAB 01
Response Criteria - 6 PAGE MAX
1.
PRIOR EXPERIENCE
2.
KEY TEAM MEMBERS
-RESUMES - 5 PAGE MAX
3. TEAM APPROACH + CAPABILITY
4.
ARIZONA BUSINESS + LOCATION OF ARIZONA OFFICE
TAB 02
Required Attachments
ATTACHMENT 1 I REFERENCE FORMAT -3 PAGE MAX
ATTACHMENT 2 I LEGAL WORKER CERTIFICATION
ATTACHMENT 3 I SELECTED SERVICES CERTIFICATION
ATTACHMENT 4 I NON COLLUSION AFFIDAVIT
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN P 200020-ROQ I CONTENTS
bws
ARCHITECTS
November 14, 2019
Maricopa County
Office of Procurement Services
160 South 4th Avenue
Phoenix, Arizona 85003
ATTN: Paul Shamrock, CPPB
RE:
STATEMENT OF QUALIFICATIONS I TERM ARCHITECTURAL SERVICES
SERIAL & CONTRACT #200020-ROQ
BWS Architects is delighted to propose our firm for Maricopa County's Term Architectural Services contract. Our
team consists of experienced professionals with expertise in the delivery of as-needed services for police, courts,
detention, healthcare, library, administrative, office, and many other public facility types. We understand the
demands of as-needed contracts and we are dedicated to supporting Maricopa County in the development of the
wide range of possible projects, regardless of size, budget, or complexity, and will provide resources appropriate
to each type of project. We are familiar with working on your projects and want to work with you to build on that
experience.
BWS provides our clients throughout the State of Arizona with timely service, quality design and efficient facilities.
Our experience includes current or recent County and Municipal projects in Phoenix, San Tan, Maricopa, Eby,
Marana, Gilbert, Tempe, Duncan, Safford, Sierra Vista, Flagstaff, Tucson, and many other Arizona communities. We
have a long history of providing similar as needed services for many repeat clients. We are nimble, efficient and
experienced in healthcare renovation and improvement projects. We have established our practice on the principals
of visible, participatory leadership, collaboration and honest communication, We care about our clients and our
projects.
BWS Architects, the 2014 AIA Arizona Firm of the Year and 2019 Cornerstone Foundation Firm of the Year, has been
in business for over for nearly 28 years and has built a state-wide practice with a focus on community projects. The
longevity of our practice stems from extensive principal involvement throughout the life of our projects and our
excellent reputation for creatively and affordably addressing our client's aesthetic and functional needs. With a
proven track record of meeting the tightest schedules and budgets, we firmly believe that good design adds value to
any project and can incorporate readily available materials to achieve extraordinary results without adding cost. We
will stay with your project from start to finish, ensuring continuity and responsiveness while providing outstanding
cost and schedule control. We know the importance of taking care of our clients and want to continue working and
building our relationship with Maricopa County.
Sincerely,
Robin -Shlinbach AlA LEED AP
PRINCIPAL-IN-CHARGE
rshambach@bwsarchitects.corn
341 E Carnelback Road #100 Phoenix, AZ 85012 480.980.9054
WWW.BWSARCHITECTS.0 0 M
%44.416110,\60.4
Frank Slingerland,IMACAna LEED AP
PRINCIPAL + PROJECT DESIGNER
fslingerland@bwsarchitects.com
WE KNOW THAT ON
AS-NEEDED CONTRACTS
PROJECTS CAN RANGE
FROM VERY SMALL TO
RATHER LARGE, BUT
REGARDLESS OF SIZE, WE
KNOW HOW IMPORTANT
THEY ALL ARE TO BE
COMPLETED ON TIME,
WITHIN BUDGET, AND
TO COMMUNICATE AND
WORK WITH ALL PARTIES
INVOLVED.
1. Prior Experience
In business since 1992, BWS specializes in the design of projects that enrich
their communities; our passion is creating places for people to work, learn and
play. We design beautiful buildings that respond to the context and address
the functional needs of our clients. We have completed on-call/as-needed
architectural projects in the state of Arizona for Maricopa County, City of
Phoenix, Town of Gilbert, Pinal County, Mesa Unified School District, Scottsdale
Unified School District, Phoenix Area Indian Health Service, and the Arizona
State University. We understand the importance of providing quality healthcare
to a broad spectrum of users. We believe these facilities should reflect the
service and commitment of the providers and honor the patients.
The projects that follow are just a small example of the range of work we have
experience in. We understand, and are familiar, with as-needed contracts and
that projects can range from small renovation work, to larger expansions, and
even new construction.
Town of Gilbert As Needed/On-Call Contract
GILBERT, ARIZONA
A. HERITAGE CENTER - PAGE PARK I 8,500 SF I $1.3 M I 2018
Project Description: The Town of Gilbert received a Community
Development Block Grant to renovate their Page Park property into a
Wellness and Resource Center for non-profit agencies to provide public
services such as medical, dental, behavior, nutritional, family services and
early childhood. BWS performed an assessment study of the Page Park
building to determine the viability for the proposed wellness and resource
services. We then designed appropriate renovations to meet the project
goals and needs of the Gilbert community. The project was hard bid in
February 2017 and was placed on hold until federal funding became available
in June 2017.
B. PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
Planning/Programming; Design Development; Schematic Design;
Construction Documents; Construction Administration
C. BUDGET ESTIMATE + FINAL CONTRACT AMOUNT
$1.3 Million Estimated / $1.2 M
D. CHANGE ORDERS: None
E. SAVINGS ACHIEVED: Shared common space between non-profit providers
helped reduce the total building square footage; reuse of existing shell (walls,
roof, floors) reduced cost and diverted demolished material from landfill.
F. ESTIMATED CONSTRUCTION START DATE/ ACTUAL START DATE:
March 2018; ESTIMATED CONSTRUCTION COMPLETION DATE/
ACTUAL COMPLETION DATE: April 2018 (owner added medical + dental
equipment during construction)
G. REFERENCES: See TAB 02/Attachment 1
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN I 200020-ROQ I 1/6
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BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
SHer.d try Cowl tutrz Lot by
Pinal County Architectural Services On-Call Contract
SUPERIOR, ARIZONA
A. PINAL COUNTY JUSTICE COURT RENOVATIONS
5,000 SF I $1 M I 2016
Project Description: Renovation of a 5,000 SF existing building in Superior, A7
for Justice Court and Public Health Offices including renovation of the existing
first (main) floor of the building to provide more efficient and secure flow for
courts including separation of judge/defendants/public and upgrades to the
existing courtroom with new ADA accessible bench. It also includes new AV/
IT Security systems (infrastructure only) final County will provide equipment
design and selection. Required Spaces will include: Courtroom; Judge's
Chambers; Chief Clerk Office; 10 workstations; New Employee Restroom;
Storage; 1 Jury/conference room; Break Room; Public Health (2 offices and
Vaccine/exam room).
B. PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
Planning/Programming; Design Development; Schematic Design;
Construction Documents; Owner provided Bidding + Construction Admin.
C. BUDGET ESTIMATE + FINAL CONTRACT AMOUNT
$1 Million Estimated / $1.1 Million; (owner added revisions to Clerk
Workroom, Courtroom and Safe Room)
D. CHANGE ORDERS: See above, owner added revisions
E. SAVINGS ACHIEVED: We revised a small courtroom into offices, saving
architectural woodwork, AV systems, etc. We simplified a new entry canopy.
F. ESTIMATED CONSTRUCTION START DATE/ ACTUAL START DATE:
Feb 2018/Feb 2018; ESTIMATED CONSTRUCTION COMPLETION DATE/
ACTUAL COMPLETION DATE: May 2019/May 2019
G. REFERENCES: See TAB 02/Attachment 1 - Pinal County
A. CASA GRANDE CLINIC IMPROVEMENTS' 7,700 SF I $614,000 I 2017
Project Description: The Pinal County Casa Grande Community Health
Clinic replaced a facility that had been in use for over 25 years, and was
over-crowded, worn and out of date, and technically deficient. The new
clinic is an interior fit-up of a long-term lease space and was intended to
provide a warm and welcoming atmosphere for the mostly low-income
clientele. The clinic offers a new WIC prototype training facility (using cards
instead of paper scrip), vaccinations, baby wellness, nutrition counseling,
and general family care.
B. PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
Planning/Programming; Design Development; Schematic Design;
Construction Documents; Bidding; and Construction Administration
C. BUDGET ESTIMATE + FINAL CONTRACT AMOUNT
$700,000 Estimated / $614,000
D. CHANGE ORDERS: None. Owner contingency allowed for changes.
E. SAVINGS ACHIEVED: Using existing shell (walls, floor, roof, and existing
HVAC units) saved significant capital funds. Approximately 60 LF of existing
cabinets were refurbished and reused.
F. ESTIMATED CONSTRUCTION START DATE/ ACTUAL START DATE:
Dec 2016/Jan 2017 - client postponed start date until after the holidays;
ESTIMATED CONSTRUCTION COMPLETION DATE/ACTUAL
COMPLETION DATE: June 2017 / May 2017
G. REFERENCES: See TAB 02/Attachment 1
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN 11 200020-ROQ I 2/6
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
Phoenix Area Indian Health Service IDIQ Contract
VARIOUS LOCATIONS THROUGHOUT ARIZONA I PARTIAL LIST
A. WHITERIVER CLINIC I WHITERIVER, AZ I 23,000 SF I $20 M I 2016
Project Description: This new clinic provides a new, state-of-the-art home
for outpatient services that had been located within the Health Center
building. The project includes an optometrist and eyeglass dispensary; a
dental clinic with open and enclosed dental operatories, a panoramic x-ray
room and dental support labs; an outpatient pharmacy; a new MDF to
support the entire Health Center campus; a multi-purpose room used for
conferencing + training, and reception waiting support and storage spaces.
The building Envelope, mechanical systems and roof design all accommodate
the impact of an environment at 5,200 feet above sea level.
B. PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
Planning/Programming; Design Development; Schematic Design;
Construction Documents; Owner provided Bidding + Construction Admin.
C. BUDGET ESTIMATE + FINAL CONTRACT AMOUNT
$6.8 Million Estimated / $10 Million Final; owner added scope of converting
basement space into new physical therapy clinic, as well updating and adding
new parking to entire site.
D. CHANGE ORDERS: See above
E. SAVINGS ACHIEVED: Housing several medical services in one facility
allowed common use of administration, communications, and meeting spaces.
F. ESTIMATED CONSTRUCTION START DATE/ ACTUAL START DATE:
Oct 2014/Oct 2014; ESTIMATED CONSTRUCTION COMPLETION DATE/
ACTUAL COMPLETION DATE: Dec 2015/Feb 2016 due to owner adding scope
G. REFERENCES: See TAB 02/Attachment 1
Greenlee County Duncan South Service Annex
DUNCAN, ARIZONA
A. Project Description: The 8,150 square foot Greenlee County South Annex is
home to new governmental offices, a court room, clinical healthcare
areas and a training kitchen for food preparation classes as part of the U
of A extension. The courtroom has been designed to serve as an Emergency
Operations center for the town of Duncan. A lightning protection system and
raised building elevation protect the building from potential flooding and
storm conditions. The building includes a rainwater collection cistern that is
used to water the garden and landscape throughout the site. The garden will
be picked and prepared in the teaching kitchen for public education
purposes. The entry lobby and corridor to the adjacent office spaces serves
as a breakout space for public gathering or pre-function space for larger
functions within the courtroom.
B. PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
Planning/Programming; Design Development; Schematic Design;
Construction Documents; Owner provided Bidding + Construction Admin.
C. BUDGET ESTIMATE + FINAL CONTRACT AMOUNT
$2.7 Million Estimated / $2.7 Million Final
D. CHANGE ORDERS: N/A
E. SAVINGS ACHIEVED: Built the shell of the teaching kitchen ready for fitup,
and left all the expensive kitchen equipment and fitup for future.
F. ESTIMATED CONSTRUCTION START DATE/ ACTUAL START DATE:
June 2016/June 2016; ESTIMATED CONSTRUCTION COMPLETION DATE/
ACTUAL COMPLETION DATE: Feb 2018/Feb 2018
G. REFERENCES: See TAB 02/Attachment 1
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-ROQ I 3/8
ARF
IcIIRQ3LES
/
ASSOCIATE
SUE GRAY
Specifications Writer,
Sr. Architect +
Sustainability & Historic Project Manager
Prese,r,vation,Perf
HOLLY DAMERELL
I CHRIS PINKERTON
Project Architect
Project Architect
ANN PRICE
Project Architect
JESSE ROSS
Project Architect
/\
\
2. Key Team Members
BWS Principals Robin Shambach and Frank Slingerland will be involved from start to finish. Robin in the role of Principal-
in-Charge, will support the team with overall leadership, focusing on contractual obligations, and making sure the team
has all needed resources. Frank Slingerland will be Project Planner & Designer, offering over 30 years of experience. He
will work with Maricopa County representatives, and the team, to create designs for new construction and renovations.
Both Robin and Frank are dedicated to providing responsive, effective and timely service, taking responsibility for the
entire design team's performance on your project.
Sue Gray, Project Manager, will be your day-to-day single point of contact, persistent in ensuring that the details of
design and construction are fully resolved. Holly Damerell, will be the team's Project Architect. She will ultimately
be responsible for the Construction Documents and Construction Administration. Holly will be supported by Robert
Johnson, Project Coordinator, who will assist with technical and graphic documentation. He will also give extra support
In the field and answering questions. Arthur Stables is our in-house Specifications Writer and Sustainability Expert. He
supports the team at every phase with specifications and identifying sustainability opportunities wherever possible.
Arthur is also the firms historic expert and will be our resource for addressing any historic concerns. Resumes follow.
BWS does not have in-house engineers and feel this allows us to select the best sub-consultants for each project based
on project scope and their direct experience with similar projects and our experience working together. We will work
with Maricopa County in making recommendations or working with consultants you are already contracted with.
ORGANIZATION CHART
The Organization Chart, which shows the entire BWS team, and demonstrates we have more than enough capacity to
take on multiple projects that would come out of this contract. Our firm has the ability to dedicate staff and resources to
support project schedule requirements. We work collaboratively and openly on all projects.
bws I ARCHITECTS
FIRM ORGANIZATION
FIRM PRINCIPALS
ROBIN SHAM BACH
Managing Principal
FRANK SLING ERLAND
Design Principal
ARCHITECTURAL STAFF
STEVE McKNIGHT
Construction
Administrator
ORIANNA ZIMMERER
Architectural
Associate
KELLY McCANN MADISON NEPERUD
Architectural
Architectural
Associate Associate
ROBERT JOHNSON HANI ALAHMED
Project
Project
\Zrc_iinay
\
rdinal,*
NIK ALTAMURA JASMINE THOMAS
Architectural
Architectural
Intern
ADMINISTRATIVE STAFF
BELINDA PATNA
ASSOCIATE
Office + Marketing Manager
/
GRACIE SOTO
Human Resource +
Financial Administrator
AMANDA JACKSON
Administrative
Assistant
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-ROQ I 4/6
Robin Shambach AIA LEEWAP
PRINCIPAL-IN-CHARGE + PROJECT MANAGER
With over 32 years of professional practice in Arizona, Robin provides firm
leadership in project management and construction technology. Robin's in-
depth knowledge of high-tech educational environments and all projects within
the educational continuum makes her an invaluable part of our team. She has
strong communication skills and experience working on complex projects.
Team Role: Robin will provide overall leadership, ensure resources are available
to the project team, and will be responsible for formal communications with
Maricopa County. She is responsible for contractual compliance and quality
control.
RELEVANT PROJECT LIST
•
MARICOPA COUNTY ELECTIONS RENOVATION I SIZE I $657,000 1 2020
MARICOPA COUNTY ARCHITECTURAL SERVICES ON-CALL 1 PRINCIPAL-IN-CHARGE
Project Description: The project includes safety and security improvements
at the public lobby of the Elections and Recorders offices. The public counter
and glazing will be replaced with security rated materials. Within the
Elections office, a dry fire suppression system will be installed at the Ballet
Tabulation Area.
•
CENTRAL PINALJUSTICE COURT+ PUBLIC HEALTH CENTER 1 15,600 SF I $2.7 M I 2019
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL I PRINCIPAL-IN-CHARGE
Project Description: This is a pre-engineered metal structure housing Pinal
County City of Maricopa area fleet maintenance. It provides 3 full-size truck
repair bays, secure storage, as well as toilets, offices, break and conference
room for the staff.
• SUN DEVIL HALL RENOVATION I 8,000 SF 1 $2.2 M I 2019
ARIZONA STATE UNIVERSITY 1 PRINCIPAL-IN-CHARGE
Project Description: This renovation provides students with a collaborative,
creative, and equipped environment in which to work on school and extra-
curricular projects. The project consists of the technology-rich Ideation
Studios (two classroom spaces located on the east side of the gym) and the
Maker Lab which consists of three key spaces: the Collaboration Lounge, the
Assembly Lab, and the Testing and Shop Room (located south of the gym in
the old locker room spaces).
El WHITERIVER SPECIALTY CLINIC I 23,000 SF I $10 M 1 2016
PHOENIX INDIAN HEALTH SERVICE !Dig CONTRACT 1 PROJECT MANAGER
Project Description: The Service Center on the campus of the Pinal County
Apache Justice Campus locates the County Treasurer, Recorder offices and the
Development Services staff in one convenient location and free up space in
MEMBER & PAST PRESIDENT 2007
the existing facility for much needed expansion.
EDUCATION
BACHELOR OF ARCHITECTURE
THE UNIVERSITY OF ARIZONA, 1985
REGISTRATION + CERTIFICATIONS
AZ REGISTRATION NO. 23533
U.S. GREEN BUILDING COUNCIL
LEED ACCREDITED PROFESSIONAL
RECENT AWARDS + AFFILIATIONS
2019 + 2015 CORNERSTONE BUILDING
FOUNDATION FIRM OF THE YEAR
AWARD
2014 MA ARIZONA
FIRM OF THE YEAR AWARD
AIA ARIZONA, 2014 PRESIDENTIAL
COMMENDATION HONORS
AIA ARIZONA, DIRECTOR 2012 - 2016
AIA ARIZONA, BOARD PRESIDENT 2017
AMERICAN INSTITUTE OF ARCHITECTS
SOUTHERN ARIZONA CHAPTER,
MEMBER
AIA STATE COMMITTEE COALITION FOR
SCHOOL FACILITIES, MEMBER
• DUNCAN SOUTH SERVICE ANNEX I 8,150 SF I $2.7 M I 2018
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL 1 PROJECT MANAGER
Project Description: The Greenlee County South Annex is home to new
governmental offices, a court room, clinical healthcare areas and a training
kitchen for food preparation classes as part of the U of A extension. The
courtroom has been designed to serve as an Emergency Operations center
for the town of Duncan.
I SIERRA VISTA SERVICE CENTER I 12,000 SF I $3.2 MI 2016
SOUTHWEST GAS CORPORATION I PROJECT MANAGER
Project Description: New service center includes administrative portion of the
building featuring an open, flexible office plan, conference rooms and training
spaces for company employees and community use during off-hours. The
site features parking for visitors, employees and fleet vehicles and equipment
with photovoltaic shade structures.
ADJUNCT PROFESSOR, THE
UNIVERSITY OF ARIZONA, COLLEGE OF
ARCHITECTURE, INTERN PROGRAM,
2006 - 2009
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN St 200020-ROQ I RESUMES 1/6
Frank Slingerland AIA NCARB LEED- AP
PRINCIPAL 4. PROJECT DESIGNER
Frank has 30 years of experience in the planning, programming and design of
public facilities of all types. In all of his work, Frank strives to create heathy
environments that foster learning, encourage interaction, and aesthetically and
functionally meet the needs of those who learn, work, and play within them.
Team Role: Frank will lead the project design effort focusing on the development
of possible alternative concepts and collaborating with the team to test the most
creative, cost-effective and functional solutions while promoting state-of-the-art
learning.
RELEVANT PROJECT LIST
MARICOPA COUNTY ELECTIONS RENOVATION I SIZE I $657,000 I 2020
MARICOPA COUNTY ARCHITECTURAL SERVICES ON-CALL I PROJECT DESIGNER
Project Description: The project includes safety and security improvements
at the public lobby of the Elections and Recorders offices. The public counter
and glazing will be replaced with security rated materials. Within the
Elections office, a dry fire suppression system will be installed at the Ballet
Tabulation Area.
I I SUN DEVIL HALL RENOVATION I 8,000 SF I $2.2 M I 2019
ARIZONA STATE UNIVERSITY I PROJECT DESIGNER
Project Description: This renovation provides students with a collaborative,
creative, and equipped environment in which to work on school and extra-
curricular projects. The project consists of the technology-rich Ideation
Studios (two classroom spaces located on the east side of the gym) and the
Maker Lab which consists of three key spaces: the Collaboration Lounge, the
Assembly Lab, and the Testing and Shop Room (located south of the gym in
the old locker room spaces).
Ii HERITAGE CENTER PAGE PARK CENTER RENOVATIONS' 8,500 SF I $1.3 M I 2017
TOWN OF GILBERT ARCHITECTURAL SERVICES ON CALL I PROJECT DESIGNER
Project Description: Renovation of existing Page Park property into a Wellness
and Resource Center for non-profit agencies to provide public services such
as medical, dental, behavior, nutritional, family services and early childhood.
I I CASA GRANDE CLINIC IMPROVEMENTS( 7,700 SF I $614,000 I 2017
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL I PROJECT DESIGNER
Project Description: Interior fit-up of a long-term lease space and was
intended to provide a warm and welcoming atmosphere for the mostly
low-income clientele. The clinic offers a new WIC prototype training facility
(using cards instead of paper scrip), vaccinations, baby wellness, nutrition
counseling, and general family care.
I 1 DUNCAN SOUTH SERVICE ANNEX I 8,150 SF I $2.7! 2018
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL I PROJECT DESIGNER
Project Description: The Greenlee County South Annex is home to new
governmental offices, a court room, clinical healthcare areas and a training
kitchen for food preparation classes as part of the U of A extension. The
courtroom has been designed to serve as an Emergency Operations center
for the town of Duncan.
Li WHITERIVER SPECIALTY CLINIC I 23,000 SF I $10 M I 2016
PHOENIX INDIAN HEALTH SERVICE IDIQ CONTRACT I PROJECT DESIGNER
Project Description: The Service Center on the campus of the Pinal County
Apache Justice Campus locates the County Treasurer, Recorder offices and the
Development Services staff in one convenient location and free up space in
the existing facility for much needed expansion.
EDUCATION
MASTER OF ARCHITECTURE
THE UNIVERSITY OF ARIZONA, 1991
BACHELOR OF ARCHITECTURE
THE UNIVERSITY OF ARIZONA, 1990
REGISTRATION + CERTIFICATIONS
AZ REGISTRATION NO. 28530
U.S. GREEN BUILDING COUNCIL
LEED ACCREDITED PROFESSIONAL
AFFILIATIONS
AMERICAN INSTITUTE OF ARCHITECTS
MEMBER
U.S. GREEN BUILDING COUNCIL
GOVERNING BOARD, MEMBER
ASSOCIATION FOR LEARNING
ENVIRONMENTS (A4LE)
(FORMERLY CEFPI),
PAST PRESIDENT, AZ CHAPTER
PRESENTER AT MAKERSPACES: AN
ACTIVE LEARNING CONFERENCE
"PLAYING IS LEARNING" & "21ST
CENTURY SPACES INSPIRING 21ST
CENTURY LEARNING
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-ROQ I RESUMES 2/5
EDUCATION
BACHELOR OF ENVIRONMENTAL
DESIGN, NORTH DAKOTA STATE
UNIVERSITY, 1992
BACHELOR OF ARCHITECTURE
NORTH DAKOTA STATE UNIVERSITY, 1993
REGISTRATION + CERTIFICATIONS
AZ REGISTRATION NO. 307Th
U.S. GREEN BUILDING COUNCIL
LEED ACCREDITED PROFESSIONAL
AFFILIATIONS
AMERICAN INSTITUTE OF ARCHITECTS
MEMBER
ARIZONA ASSOCIATION OF
SCHOOL BOARD OFFICIALS (AASBO)
ASSOCIATES FOR LEARNING
ENVIRONMENTS (A4LE), MEMBER
ARIZONA CHAPTER
Sue Gray AIA LEED®AP
PROJECT MANAGER 4- SR. PROJECT ARCHITECT
Sue Gray has over 26 years of public architectural expertise formed in Arizona.
She brings to the team experience with municipal and county projects
throughout the state, from small renovations to large scale, new builds. She has
worked with Maricopa County Health, Maricopa Flood Control, Maricopa County
and Yuma County Courts as well as the Town of Gilbert, City of Phoenix, Flagstaff
and Chandler. Sue is always professional, a strong communicator, incredibly
organized and conscientious, attributes her client's appreciate and have led to
success relationships.
Team Role: Sue will serve as the design team's Project Manager, responsible for
the day-to-day interactions with assigned County representatives, the General
Contractor, Consultants and BWS staff. An excellent communicator, Sue will be
responsible for monitoring the schedule and budget and for making sure the
obligations of the team are met.
RELEVANT PROJECT LIST
JEFFERSON + THIRD AVE COURT PLAZA STUDY I 2019
MARICOPA COUNTY ARCHITECTURAL SERVICES ON-CALL I PROJECT MANAGER
Project Description: The project site is located on the south side of Jefferson
Street, between 1st Avenue and 3rd Avenue. There are planned light rail
improvements in this area and the courts plaza needs a comprehensive
'refresh'. This work includes pedestrian circulation analysis, public plaza
enhancements, safety and courts access, integrated public amenities and
landscape design improvements. The Study will provide a design
recommendation and the associated cost for budget planning considerations.
I MARICOPA COUNTY ELECTIONS RENOVATION I SIZE I $657,000 I 2020
MARICOPA COUNTY ARCHITECTURAL SERVICES ON-CALL I PROJECT MANAGER
Project Description: The project includes safety and security improvements
at the public lobby of the Elections and Recorders offices. The public counter
and glazing will be replaced with security rated materials. Within the
Elections office, a dry fire suppression system will be installed at the Ballet
Tabulation Area.
Ii SUN DEVIL HALL RENOVATION! 8,000 SF I $2.2 M I 2019
ARIZONA STATE UNIVERSITY I PROJECT MANAGER
Project Description: This renovation provides students with a collaborative,
creative, and equipped environment in which to work on school and extra-
curricular projects. The project consists of the technology-rich Ideation
Studios (two classroom spaces located on the east side of the gym) and the
Maker Lab which consists of three key spaces: the Collaboration Lounge, the
Assembly Lab, and the Testing and Shop Room (located south of the gym in
the old locker room spaces).
LI HERITAGE CENTER PAGE PARK CENTER RENOVATIONS' 8,500 SF I $1.3 M I 2017
TOWN OF GILBERT ARCHITECTURAL SERVICES ON CALL I PROJECT MANAGER
Project Description: Renovation of existing Page Park property into a Wellness
and Resource Center for non-profit agencies to provide public services such
as medical, dental, behavior, nutritional, family services and early childhood.
1-1 GILBERT HERITAGE DISTRICT PARKING STRUCTURE I 125,800 SF l$15.5 M I 2019
TOWN OF GILBERT I PROJECT MANAGER
Project Description: The 600-space cast-in-place garage provides 100 valet
spaces, electric vehicle charging stations, an Automated Parking Guidance
System (APGS) for parking efficiency, and 42" high chamfered bumper walls
for enhanced safety. Public amenities include restrooms, pedestrian and pet
drinking fountains, and a public safety space for police and fire departments.
Centralized ME gear with APS services for adjacent private parcels and the
integration of a shared 28-yard trash compactor for the local businesses were
also provided.
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-R0Q 1 RESUMES 9/5
EDUCATION
BACHELOR OF ARCHITECTURE
CUM LAUDE
UNIVERSITY OF ARIZONA, 1993
REGISTRATION
AZ REGISTRATION NO. 32906
U.S. GREEN BUILDING COUNCIL
LEED ACCREDITED PROFESSIONAL
Holly Damerell RA LEED®AP
PROJECT ARCHITECT + CONSTRUCTION ADMINISTRATOR
Holly Damerell has over 20 years of experience and is not only very
knowledgeable about technical construction issues and how buildings go
together, but she also has a strong sense of design and looks for opportunities to
make every project as attractive as it is useful. She produces accurate, detailed
documents quickly and is very effective in a team environment.
Team Role: Holly will participate throughout design, working closely with Frank
during Schematic Design and Design Development. She will be responsible
for the production of the Construction Documents and provide day-to-day
Construction Administration.
RELEVANT PROJECT LIST
11 MARICOPA + SAN TAN REGIONAL HEALTH CLINICS I 5,000 SF I $3 M I 2012
FINAL COUNTY ARCHITECTURAL SERVICES ON CALL I PROJECT ARCHITECT
Project Description: This is a pre-engineered metal structure housing Pinal
County City of Maricopa area fleet maintenance. It provides 3 full-size truck
repair bays, secure storage, as well as toilets, offices, break and conference
room for the staff
I SUPERIOR JUSTICE COURT RENOVATION I 9,000 SF I $1.2 M 1 2016
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL I PROJECT ARCHITECT
Project Description: This is a pre-engineered metal structure housing Pinal
County City of Maricopa area fleet maintenance. It provides 3 full-size truck
repair bays, secure storage, as well as toilets, offices, break and conference
room for the staff.
II CENTRAL PINAL JUSTICE COURT + PUBLIC HEALTH CENTER I 15,600 SF I $2.7M 12019
PINAL COUNTY ARCHITECTURAL SERVICES ON CALL 1 PROJECT DESIGNER
Project Description: This is a pre-engineered metal structure housing Pinal
County City of Maricopa area fleet maintenance. It provides 3 full-size truck
repair bays, secure storage, as well as toilets, offices, break and conference
room for the staff.
I I DOUGLAS GOVERNMENT COMPLEX RENOVATION 1 60,000SF I $3.9M 1 2013
COCHISE COUNTY/CITY OF DOUGLAS I PROJECT ARCHITECT
Project Description: Renovation of the historic 60,000 SF Phelps Dodge
Mercantile Building located on G Avenue in downtown Douglas. The project
created new sheriff, courtroom, health department, development service,
visitor center, and future cafe spaces. It made substantial upgrades to
the building structure, strengthening floors to meet contemporary code
requirements, adding floor and roof structural diaphragms, and strengthening
connections between diaphragms and walls.
In SIERRA VISTA SERVICE CENTER 1 12,000 SF 1 $3.2 MILLION I 2016
SOUTHWEST GAS CORPORATION I PROJECT ARCHITECT
Project Description: New service center includes administrative portion of the
building featuring an open, flexible office plan, conference rooms and training
spaces for company employees and community use during off-hours. The
site features parking for visitors, employees and fleet vehicles and equipment
with photovoltaic shade structures.
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN 44 200020-ROC1 I RESUMES 4/5
Arthur Stables CCS LEED®AP BD+C
SPEC WRITER / SUSTAINABILITY/ HISTORIC PRESERVATION EXPERT
Arthur has over 34 years experience as a specification writer and provides
support to the Design Team at every phase. He is recognized as an expert on
products and materials with "green" content that contribute to sustainable
building construction. Arthur has worked on all of the firm's educational projects
and has first hand experience on current sustainable trends. Arthur is also our
Historic Preservation expert as well. He will assist the team in identifying any
historic specifications and is familiar with SHP() requirements.
Team Role: Arthur provides support with cost estimating and specifications
expertise. Arthur will also lead our team's sustainability effort and assist in the
development of the project specifications, applying his expertise to materials
and system selection. He will also apply his expertise in historic preservation
where needed.
RELEVANT PROJECT LIST
I I MARICOPA COUNTY ELECTIONS RENOVATION I SIZE I $657,000 I 2020
MARICOPA COUNTY ARCHITECTURAL SERVICES ON-CALL I SPECS +SUSTAINABILITY
Project Description: The project includes safety and security improvements
at the public lobby of the Elections and Recorders offices. The public counter
and glazing will be replaced with security rated materials. Within the
Elections office, a dry fire suppression system will be installed at the Ballet
Tabulation Area.
I I SUN DEVIL HALL RENOVATION I 8,000 SF 1 $2.2 M I 2019
ARIZONA STATE UNIVERSITY I SPECS + SUSTAINABILITY
Project Description: This renovation provides students with a collaborative,
creative, and equipped environment in which to work on school and extra-
curricular projects. The project consists of the technology-rich Ideation
Studios (two classroom spaces located on the east side of the gym) and the
Maker Lab which consists of three key spaces: the Collaboration Lounge, the
Assembly Lab, and the Testing and Shop Room (located south of the gym in
the old locker room spaces).
II HERITAGE CENTER PAGE PARK CENTER RENOVATIONS' 8,500 SF I $1.3 M I 2017
TOWN OF GILBERT ARCHITECTURAL SERVICES ON CALL I SPECS +SUSTAINABILITY
Project Description: Renovation of existing Page Park property into a Wellness
and Resource Center for non-profit agencies to provide public services such
as medical, dental, behavior, nutritional, family services and early childhood.
I I WHITERIVER SPECIALTY CLINIC I 23,000 SF I $10 M I 2016
PHOENIX INDIAN HEALTH SERVICE IDIQ CONTRACT I SPECS + SUSTAINABILITY
Project Description: The Service Center on the campus of the Pinal County
Apache Justice Campus locates the County Treasurer, Recorder offices and the
Development Services staff in one convenient location and free up space in
the existing facility for much needed expansion.
ri DOUGLAS GOVERNMENT COMPLEX RENOVATION I 60,000 SF I $3.9 M I 2013
COCHISE COUNTY/CITY OF DOUGLAS I ESTIMATOR/SPECS/HISTORIC
PRESERVATION
Project Description: Renovation of the historic 60,000 SF Phelps Dodge
Mercantile Building located on G Avenue in downtown Douglas. The project
created new sheriff, courtroom, health department, development service,
visitor center, and future cafe spaces. It made substantial upgrades to
the building structure, strengthening floors to meet contemporary code
requirements, adding floor and roof structural diaphragms, and strengthening
connections between diaphragms and walls.
EDUCATION
BACHELOR OF ARTS/PHILOSOPHY
RANDOLPH MACON COLLEGE, 1977
CERTIFICATIONS
U.S. GREEN BUILDING COUNCIL
LEED ACCREDITED PROFESSIONAL BD+C
CONSTRUCTION SPECIFICATIONS
INSTITUTE-CERTIFIED CONSTRUCTION
SPECIFIER
AFFILIATIONS
PIMA COUNTY, HISTORIC COMMISSION
PLANS REVIEW COMMITTEE, MEMBER
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-R0Q I RESUMES 5/6
3. Team Approach Capability
BWS Architects has strong experience in the planning and design of projects of all sizes. We understand that every design
decision has an impact. We are committed that every one of those decisions enrich the experience, well-being and
performance of those who use, work and maintain these facilities. We will design a project approach that is tailored to
the requirements of each project. The following approach is representative of the steps we would follow in the case of a
typical renovation project. Our firm works collaboratively and openly on all projects.
OUR 5-STEP PROGRAMMING, PLANNING & DESIGN PROCESS
We propose an interactive process for Programming, Planning and Design:
1. ESTABLISH GOALS: During initial meetings, we discuss the project in broad terms and establish clearly defined
goals. We want to hear from your team to learn the priorities. These goals are the yardstick by which we will
ultimately measure our success on this project.
2. GATHER FACTS: A thorough understanding of a project's existing conditions is critical to determining a design
solution. We carefully analyze the site for storm water drainage, traffic control, views, utilities, and many other
existing conditions, that inform our decision-making.
3. DETERMINE NEEDS: We help identify your spatial requirements, drawing from our past experiences in program
development. We then meet with your Planning Committee to confirm our recommendations.
4. TEST OPTIONS: Based on the space needs and functional relationships established in Step Three, we develop two
or three options for organizing the project. After we understand your preferences, we will combine the best features
into a second round of planning diagrams, continuing this process until we arrive at a plan that you are satisfied
meets all the goals.
5. DEVELOP RECOMMENDATION: We incorporate final comments, resolve cost issues, and prepare a final plan
to be used as a basis for further design. Based on the preferred plan, we work with you to select appropriate building
materials and systems, and to estimate the cost of construction.
a) Provide an example of a completed project (other than Maricopa County) where your firm's Agreement for Services was
with a Department representing the end user but not the actual end user of the project itself? Describe your approach to all
phases of the project's development Including programming and design as well as construction administration.
Pinal County Architectural Services On-Call Contract
We have had an ongoing Architectural/As-Needed contract with Pinal County since 2006 and have enjoyed working
across the county from Maricopa to Apache Junction. We have provided a range of services from feasibility studies to
full architectural services and are known by the Pinal County staff for our attention to detail, rigorous quality control and
professionalism. Because all Final County projects are hard bid, our production of complete, high quality construction
documents has served the County well.
Project Example / Casa Grande Clinic Renovation
Under this contract with Pinal County, we have planned and/or constructed many projects. We work closing with the
Facilities Department, who then interacted with the clinic end users. For the Final County Casa Grande Clinic we
applied the our Five-Step as identified previously and successfully created a project that pleased everyone that was
involved and ultimately the end users who are now working in the clinic, and the patients that they offer services to.
Specific examples of how this process was used include: Program Confirmation/Identifying the Goals of the project;
Building Assessment; Recommendations + Concepts; Team Quality Control Review Meetings; Cost Savings/Estimating
b) Using the example above (a), please describe an instance where this assembly of participants, consultant, owner's
representative, and end user, created conflict and/or uncertainty relative to either design decisions or priorities. How did
your firm communicate and build consensus among the participants?
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-ROO I 5/6
At the Casa Grande Clinic (shown above), the existing clinic had been in use for
almost 30 years with little updating or overall renovation. It was crowded, and
no longer worked effectively. Our first direction was to provide an assessment
of the existing facility and then provide schemes to expand and renovate it,
or to build a new clinic. There was disagreement among the facility team and
the end users as to the direction to proceed. We were able to demonstrate
with our conceptual planning and cost estimating for the two schemes, that
though the renovation and addition would be less expensive, it would provide
a less than efficient solution to providing the expanded clinic than building
new. After a further scheme, looking at a different mode of clinic expansion,
and further demonstration of its inefficiencies, the Owner elected to enter into
a long-term lease for a large tenant space in a new office park. This provided
access to public transit to help serve low income clients, public street frontage
for better outreach, and a large open floorplate to allow efficient planning.
4. Arizona Business + Location of Arizona Office
Statewide + State-of-the-Art
Our firm has offices in Phoenix and Tucson and has a current business license
to practice in the State of Arizona. We combine Principal leadership with
state-of-the art technology for project management, scheduling, design and
documentation, between both offices. We pride ourselves on combining
the best practices of architectural innovation with responsive and personal
commitment to your project success. We are committed to professional
development and bring to our clients best practices in 21st century design with
personal dedication of an Arizona based focus.
Phoenix Office
Tucson Office
341 E. Camelback Road, #100 261 N. Court Avenue
Phoenix, Arizona 85004
Tucson, Arizona 85701
480.980.9054
520.795.2705
Business License
PROJECT MANAGEMENT
TOOLS FOR SUCCESS:
El Strong Leadership
Sue Gray will provide clear,
articulate leadership for the
architectural and engineering
team.
Li Listen Well
We are good listeners and want
to learn about the issues that
you are facing with your current
facilities from the perspective of
the facilities personnel to that of
the users.
O Document the Process
We will keep notes of every
meeting for distribution so we
have a clear record of options
considered and decisions made.
Li Document the Existing Site
We will gather all the available
documents to record the existing
site, including utilities and
drainage information.
II Test Alternative Concepts
Whenever appropriate we will test
alternative approaches to solving
a problem rather than leaping too
rapidly to a conclusion. It always
pays to consider options.
EI Communicate with
Drawings
When the project scope and
system improvements have been
established, we will create clear,
illustrative plans for your review
and approval.
Li Design in Context
We will develop architectural
treatments for the buildings that
are responsive to the natural
and existing context. Taking cues
from your climate and geography
and adjacent existing facilities
and reflect the culture of the
community.
Building an Effective Team
#1092759
BWS Architects has strong
experience in a collaborative AZ Board of Technical Registration
approach to design and we take #10114
pride in extending that approach
through construction. We believe
the Contractor is an essential part
of the team whether the process
is Construction Manager at Risk
(CM@R) or Design-Bid-Build.
BWS ARCHITECTS - STATEMENT OF QUALIFICATIONS
MARICOPA COUNTY TERM ARCHITECTURAL SERVICES SN # 200020-ROG I RESUMES 6/5
Attachment I - REFERENCE FORMAT
Maricopa County requires a minimum of three Owner references and three contractor references for your (most
recently) completed projects which are similar in magnitude, complexity, and dollar value to the proposal being
submitted. This form may be replicated as needed to be responsive to the Request for Qualifications.
I. Company Name:
Town of Gilbert Development
Address: 50 E. Civic Center Drive, Gilbert, AZ 85296
Phone Number:
(480) 503-6886
Facsimile Number:
(480) 503 -6712
Person to Contact:
Amanda Elliot, Redevelopment Program Manager
Contact Person's Email Address: amanda.elliott@gilbertaz.gov
Owner's Bid # or Project 14: RD202
Date of Completion:
April 2018
Project Delivery Method (DBB/DB/CMAR):
DBB
Brief Project Description (Including Partnering Team and Owner's project name):
Heritage Center - Page Park Renovation: Renovation of existing Page Park property into a Wellness and
Resource Center for non-profit agencies to provide public services such as medical, dental, behavior,
nutritional, family services and early childhood.
2. Company Name:
Pinal County Public Works
Address: 121W. 22nd Street, Florence, AZ 85132
Phone Number:
(520) 886-6234
Facsimile Number:
(520) 866-6511
Person to Contact:
Archie Canton, Facilities Director
Contact Person's Email Address: arehie.carreorapinalcountyaz.gov
Owner's Bid # or Project
53330076
Date of Completion: May 2019
Project Delivery Method (DBB/DB/CMAR): Job Order Contract
Brief Project Description (Including Partnering Team and Owner's project name):
Pinal County Superior Justice Court Renovations: Renovation of a 5,000 SF existing building in Superior,
AZ for Justice Court and Public Health Offices including renovation of the existing first (main) floor of the
building to provide more efficient and secure flow for courts including separation of judge/defendants/
public and upgrades to the existing courtroom with new ADA accessible bench. It also includes new AV/IT
Security systems (infrastructure only) Pinal County will provide equipment design and selection. Required
Spaces will include: Courtroom; Judge's Chambers; Chief Clerk Office; 10 workstations; New Employee
Restroom; Storage; 1 Jury/conference room; Break Room; Public Health (2 offices and Vaccine/exam
room).
3. Company Name:
Greenlee County Engineering
Address: 253 5th Street, Clifton, AZ 85533
Phone Number:
(928) 865-4762
Facsimile Number:
N/A
Person to Contact:
Phil Ronnerud, Project Manager
Contact Person's Email Address pronnerud@co.greenlee.az.us
Owner's Bid # or Project
1607-BWS
Date of Completion:
February 2018
Project Delivery Method (DBB/DB/CMAR): DBB
Brief Project Description (Including Partnering Team and Owner's project name):
Duncan South Service Annex: The 8,150 square foot Greenlee County South Annex is home to new
governmental offices, a court room, clinical healthcare areas and a training kitchen for food preparation
classes as part of the U of A extension. The courtroom has been designed to serve as an Emergency
Operations center for the town of Duncan. A lightning protection system and raised building elevation
protect the building from potential flooding and storm conditions. The building includes a rainwater
collection cistern that is used to water the garden and landscape throughout the site. The garden will be
picked and prepared in the teaching kitchen for public education purposes. The entry lobby and corridor
to the adjacent office spaces serves as a breakout space for public gathering or pre-function space for
larger functions within the courtroom.
4.
Company Name:
Phoenix Area Indian Health Service
Address: 2 Renaissance Square, 40 N. Central Ave., #270, Phoenix, AZ
Phone Number;
(602) 364-5066
Facsimile Number:
(480) 503 -6712
Person to Contact:
Steve McGovern, Chief, Facilities Design + Con-
Contact Person's Email Address: steve.mcgovern@ihs.gov
Owner's Bid # or Project #: HHSI16120140008C
Date of Completion:
February 2016
Project Delivery Method (DBB/DB/CMAR): BBB
Brief Project Description (Including Partnering Team and Owner's project name):
Whiteriver Specialty Clinic: This new clinic provides a new, state-of-the-art home for outpatient services
that had been located within the Health Center building. The project includes an optometrist and eyeglass
dispensary; a dental clinic with open and enclosed dental operatories, a panoramic x-ray room and dental
support labs; an outpatient pharmacy; a new MDF to support the entire Health Center campus; a multi-
purpose room used for conferencing + training, and reception waiting support and storage spaces. The
building Envelope, mechanical systems and roof design all accommodate the impact of an environment at
5,200 feet above sea level.
Pinal County Public Works
121W. 22nd Street, Florence, AZ 85132
(520) 886-6234
(520) 866-6511
Person to Contact:
Archie Carreon, Facilities Director
Contact Person's Email Address: archle.carreon@pinalcountyaz.gov
Owner's Bid 14 or Project it 3593000
Date of Completion: May 2017
Project Delivery Method (DBI3/DB/CMAR): Job Order Contract
Brief Project Description (Including Partnering Team and Owner's project name):
Casa Grande Clinic Improvements: The Pinal County Casa Grande Community Health Clinic replaced
a facility that had been in use for over 25 years, and was over-crowded, worn and out of date, and
technically deficient. The new clinic is an interior fit-up of a long-term lease space and was intended to
provide a warm and welcoming atmosphere for the mostly low-income clientele. The clinic offers a new
WIC prototype training facility (using cards instead of paper scrip), vaccinations, baby wellness, nutrition
counseling, and general family care.
5.
Company Name:
Address:
Phone Number:
Facsimile Number:
Contractor References Follow
Company Name:
Concord Construction Company
Address: 1636 N. Swan Read, Tucson, AZ 85711
Phone Number:
(520) 327-2010
Facsimile Number: N/A
Person to Contact:
John Nyman, President
Contact Person's Email Address jnyman®concordinc.com
Owner's Bid # or Project #: 1109 -CC
Date of Completion: June 2013
Project Deliveiy Method (DBB/DB/CMAR):DBB
Brief Project Description (Including Partnering Team and Owner's project name):
Douglas Government Center Historic Phelps Dodge Renovation: This 3-story project made substantial
upgrades to the 1907 building structure, strengthening floors to meet contemporary code requirements,
adding plywood to floor and roof diaphragms, and beefed up connections between diaphragms and
walls. All new HVAC, electrical and fire protection. Public spaces incorporated many historic building
elements, while providing modern comfort and technology. Project included on-site parking as well. This
project was not identified in Tab 01 but was a very successful, complex renovation project, with historic
significance.
2.
Company Name:
Barker Contracting
Address: 2127 E. Speedway Blvd., #101, Tucson, AZ 85719
Phone Number:
(520) 631-8600
Facsimile Number: N/A
Person to Contact:
Brian Tomaszewski, Project Manager
Contact Person's Email Address bt@batheyone.com
Owner's Bid # or Project 4: 3593000
Date of Completion: May 2017
Project Delivery Method (DBB/DB/CMAR):Job Order Contract
Casa Grande Health Clinic Renovations: The Pinal County Casa Grande Community Health Clinic replaced
a facility that had been in use for over 25 years, and was over-crowded, worn and out of date, and
technically deficient. The new clinic is an interior fit-up of a long-term lease space and was intended to
provide a warm and welcoming atmosphere for the mostly low-income clientele. The clinic offers a new
WIC prototype training facility (using cards instead of paper scrip), vaccinations, baby wellness, nutrition
counseling, and general family care.
Building Excellence
1860W. Prince Street, Tucson, AZ 85705
(520) 219-6993
Facsimile Number: (520) 219 -8452
Person to Contact: Evie Metcalf, Project Manager
Contact Person's Email Address pronnerud@co.greenlee.az.us
Owner's Bid or Project #1: 1607-BWS
Date of Completion: February 2018
Project Delivery Method (DBB/DB/CMAR):DBB
Brief Project Description (Including Partnering Team and Owner's project name):
Duncan South Service Annex: The 8,150 square foot Greenlee County South Annex is home to new
governmental offices, a court room, clinical healthcare areas and a training kitchen for food preparation
classes as part of the U of A extension. The courtroom has been designed to serve as an Emergency
Operations center for the town of Duncan. A lightning protection system and raised building elevation
protect the building from potential flooding and storm conditions. The building includes a rainwater
collection cistern that is used to water the garden and landscape throughout the site. The garden will be
picked and prepared in the teaching kitchen for public education purposes. The entry lobby and corridor
to the adjacent office spaces serves as a breakout space for public gathering or pre-function space for
larger functions within the courtroom.
3.
Company Name:
Address:
Phone Number:
int Titl
Attachment 2 - LEGAL WORKER CERTIFICATION
November 14,2019
(Date)
Maricopa County
Office of Procurement Services
160 S. 4'1 Avenue
Phoenix, Arizona 85003
As required by Arizona Revised Statutes § 41-4401, Maricopa County (the "County") is prohibited, after September
30, 2008, from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with Arizona
Revised Statutes § 23-214-A. The undersigned entity warrants that it complies fully with all federal immigration laws
and regulations that relate to its employees, that it shall verify, through the E-Verify program as jointly administered
by the U.S. Department of Homeland Security and the Social Security Administration or any of its successor programs,
the employment eligibility of each employee hired after December 31, 2007, and that it shall require its subcontractors
and sub-subcontractors to provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor or sub-
subcontractor under any Contract resulting from this solicitation shall be deemed a material breach of the Contract,
and is grounds for penalties, including termination of the Contract, by the County. The County retains the.right to
inspect the records of the below entity, subcontractor and sub-subcontractor employee who performs work under the
Contract, and to conduct random verification through E-Verify of the employment records of the below entity and any
subcontractor and sub-subcontractor who works on the Contract, to ensure that the below entity and each subcontractor
and sub-subcontractor is complying with the warranties set forth above.
BWS Architects
(Firm)
Robin Shambach
(Print Name)
Principal
(Signature Required)
rshambach@bwsarchitects.com
(Email Address)
341 E Canneiback Road
(Address Line 1)
Phoenix, AZ 85012
(Address Line 2)
480-980-9054
(Phone)
N/A
(Fax)
86-0460520
(Federal Taxpayer ID Number)
Request for Qualifications for Architectural Services
Page 22
Term Architectural Services
Seriallt 200020-ROO
Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of BWS Architects
(firm name), I submit that the named firm is applying for the
marked fields listed below. I further certify that those fields of architecture and are provided by the named firm in-
house and are not supplied by the use of outside sub-consultants. I further submit and certify that my firm has the
appropriate licenses and registrations as required under Arizona Revised Statute.
FIELD
PROVIDED (X)
Architectural Services
g
Master Planning Services
g
Space Planning Services
g
Landscape Architecture
0
Facility Condition Index Assessments
g
Interior Design
g
Building Information Modeling
g
Building Commissioning Services
0
Environmental Architecture
g
Structural Design
0
Construction Management
g
Additional disciplines as applicable:
0
0
0
0
Date:
November 14, 2019
Signature
Robin Shambach
Printed
Principal
Title
Request for Qualifications for Architectural Services
Page 23
Term Architectural Services
Serial# 200020-ROQ
day of November, 20 19
NotaaryELPINuDbAlicpA. TKAzona
Pima County
Commission #56)451
1 .1
My Comrsk.xplres Apr 16, 2023
Attachment 4- NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA
Robin Shambach
being first duly sworn, deposes and says:
That she is
a Principal of
of BWS Architects
(Title)
(Name of Business)
bidding on 200020-ROQ for the construction of Term Architectural Services in the County of Maricopa, State of
Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the aforesaid business,
has, directly or indirectly, participated in any collusion, entered into any contract, combination, conspiracy or other
actestraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
(Signature of Affiant
Subscribed and sworn to before me this
14th
My Commission Expires: April 16, 2023
(Notary Public)
(Please ensure seal is visible)
AMR/3
DATE
CERTIFICATE OF LIABILITY INSURANCE
(MWDDPITYY)
01/3012020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of 0 e policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
602-264-5533
Stuckey Ins & Assoc Agencies
2850 E Camelback Rd, Suite 326
Phoenix, AZ 85016
Mary 1..odwlok
19gfirT Daniel Born
PHONE
602-264-5533
I FAX
602-279-9336
NC, No Eat •
I NC, io •
small-
Dan e . Orn $ slue eyinsurance.com
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INSURER(S) AFFORDING COVERAGE
NAIC ti
INSURER A : Travelers Prop Cas of America
26674
INSURED Burns Wald-Hopkins Shambach
261 N Court Avenue
Tucson, AZ 85701
INSURER lit : Hartford Ins Co of the Midwest
37478
INSURER C : Navigators Insurance Co
42307
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
EVISI N NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ism
LTR
DDL
TYPE OF INSURANCE t$D
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EACH OCCURRENCE
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CLAIMS-MADE
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$
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MED EXP rAnr one persor il
$
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PERSONAL & AIN INJURY
1,000,000
GEN'L
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AGGREGATE LIMIT APPLIES
PRO-
POLICY
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OTHER:
PER
LOG
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS • COMP/OP AGO
$ 2,000,000
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SINGLE LIMIT
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$
BODILY INJURY (Per person)
$
BODILY INJURY (Per epeideM)
(COM:114ED
$
PlUlaWYJAMAGE
$
S
A
X UMBRELLA LEAH
EXCESS LIAB
X
OCCUR
CLAIMS-MADE
X
X CUP4P486266
1212312019
2123/2020
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
D
X
RETENTIONS
10000
B
WORKERS COMPENSATION
AND EMPLOYERS' LIAMLITY
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFICERIMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS bolo?
N I A
x 59WEGT114553
09/01/2019 09/01/2020
X PER
OT -
RR
Et EACH ACCIDENT
$ 1,000,000
EL. DISEASE • EA EMPLOYEE 5 1,000,000
EL. DISEASE - POLICY LIMIT
S 1,000,000
C Professional Liab
CM19013L0069491V
09101/2019 0910112020 Per Claim
Aggregate
3,000,000
3,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he at -lathed If more space Is requI ad)
Professional Liability - Claims Made - Retro Date -01/01/1956
RE: Architectural Services Contract (Term), Contract # 200020-ROQ
COUNTY, its agents, representatives, officers, directors, officials and
employees are additional insureds with respect to general, auto, and
umbrella liability. General liability is primary and non-contributory.
CERTIFICATE HOLDER
MARIC29
Maricopa County
Office of Procurement Services
160 South 4th Ave
Phoenix, AZ 85903
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD:
HOLDER CODE
MARIC29
BURNS-1
INSURED'S NAME Burns Wald-Hopkins Shambach
OP ID: DB
PAGE 2
D2ta 0113012020
Waiver of subrogation applies in favor of the additional insureds as
indicated.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 680-4P347936
ISSUE DATE: 12/04/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NONOWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Insurance is provided only with respect to those coverages for which a specific premium charge is shown:
COVERAGE
ADDITIONAL PREMIUM
Hired Auto Liability
$ INCLUDED
Nonowned Auto Liability
$ INCLUDED
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
PROVISIONS
A. COVERAGE
If a premium charge is shown in the SCHEDULE
above, the insurance provided under Section I
—
Coverage A
— Bodily Injury And Property
Damage Liability applies to "bodily injury" and
"property damage" arising out of the maintenance
or use of a "hired auto" or "nonowned auto".
Maintenance or use of a "nonowned auto" in-
cludes test driving in connection with an "auto
business".
B. EXCLUSIONS
With respect to the insurance provided by this
endorsement:
1. The exclusions, under Section I — Coverage
A — Bodily Injury And Property Damage
Liability, other than exclusions a., b., d., e,, f.
and i. and the Nuclear Energy Liability Exclu-
sion (Broad Form) are deleted and replaced
by the following:
a. "Bodily injury" to:
(1) Any fellow "employee" of the insured
arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's busi-
ness.
b.
"Property damage" to:
(1) Property owned or being transported
by, or rented or loaned to the insured;
or
(2) Property in the care, custody or con-
trol of the insured.
C. WHO IS AN INSURED
Section II — Who Is An Insured is replaced by
the following:
Each of the following is an insured under this in-
surance to the extent set forth below:
1. You;
2. Anyone else including any partner or "execu-
tive officer" of yours while using with your
permission a "hired auto" or a "nonowned
auto" except:
a. The owner or lessee (of whom you are a
sublessee) of a "hired auto" or the owner
or lessee of a "nonowned auto" or any
agent or "employee" of any such owner or
lessee;
b. Your "employee" if the covered "auto" is
owned by that "employee" or a member
of his or her household;
c. Your "employee" if the covered "auto" is
leased, hired or rented by him or her or a
member of his or her household under a
lease or rental agreement for a period of
180 days or more;
d. Any partner or "executive officer" with re-
spect to any "auto" owned by such part-
ner or officer or a member of his or her
household;
e. Any partner or "executive officer'' with re-
spect to any "auto" leased or rented to
such partner or officer or a member of his
or her household under a lease or rental
agreement for a period of 180 days or
more:
MP T1 25 11 03
Copyright, The Travelers Indemnity Company, 2003
Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
f.
Any person while employed in or other-
wise engaged in duties in connection with
an "auto business", other than an "auto
business" you operate;
g.
Anyone other than your "employees",
partners, a lessee or borrower or any of
their "employees", while moving property
to or from a "hired auto" or a "nonowned
auto"; or
1 Any other person or organization, but only
with respect to their liability because of acts
or omissions of an insured under 1. or 2.
above.
D. AMENDED DEFINITIONS
The Definition of "insured contract" of Section V —
Definitions is amended by the addition of the fol-
lowing exceptions to paragraph f.:
Paragraph f. does not include that part of any
contract or agreement:
(4) That pertains to the loan, lease or rental of an
"auto" to you or any of your "employees", if
the "auto" is loaned, leased or rented with a
driver; or
(5) That holds a person or organization engaged
in the business of transporting property by
"auto" for hire harmless for your use of a cov-
ered "auto" over a route or territory that per-
son or organization is authorized to serve by
public authority.
E. ADDITIONAL DEFINITIONS
Section V — Definitions is amended by the addi-
tion of the following definitions:
1. "Auto Business" means the business or oc-
cupation of selling, repairing, servicing, stor-
ing or parking "autos".
2.
"Hired auto" means any "auto" you tease,
hire, rent or borrow. This does not include:
a. Any "auto" you lease, hire or rent under a
lease or rental agreement for a period of
180 days or more, or
b. Any "auto" you lease, hire, rent or borrow
from any of your 'employees", partners,
stockholders, or members of their house-
holds.
3. "Nonowned auto" means any "autos" you do
not own, lease, hire, rent or borrow that are
being used in the course and scope of your
business at the time of an "occurrence". This
includes "autos" owned by your "employees"
or partners or members of their households
but only while being used in the course and
scope of your business at the time of an "oc-
currence".
If you are a sole proprietor, "nonowned auto"
means any "autos" you do not own, lease,
hire, rent or borrow that are being used in the
course and scope of your business or per-
sonal affairs at the time of an "occurrence".
Page 2 of 2
Copyright, The Travelers Indemnity Company, 2003
MP Ti 25 11 03
Includes copyrighted material of Insurance Services Office, Inc., with its permission,
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER; 680-4P347936
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a.
Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d.
For "bodily injury", "property damage" or
"personal injury" for which such person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
Coverage Part.
f.
This insurance does not apply to the
rendering of or failure to render any
"professional services".
g.
In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".
This endorsement does not increase the
limits of insurance described in Section HI —
Limits Of Insurance.
h. This insurance does not apply to "bodily
injury" or "property damage" caused by "your
work" and included in the "products-
completed operations hazard" unless the
"written
contract
requiring
insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.
2. The following is added to Paragraph 4.a. of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance,
CG D3 81 09 15
102015 The Travelers Indemnity Company. All rights reserved.
Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc„ with its permission