20020-CONTRACT-SWAN ARCHITECTS.PDF
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Swan
ARCHITECTURAL SERVICES CONTRACT (TERM)
IVIARICOPA 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-ROQ
Term Architectural Services
Page I
Table of Contents
RECITALS
4
SECTION I - ARCHITECT'S BASIC SERVICES
4
SECTION II- PERIOD OF SERVICE
5
SECTION III - REIMBURSABLE EXPENSES
5
SECTION IV - COUNTY RESPONSIBILITIES
7
SECTION V - COMPENSATION AND PAYMENTS
7
SECTION VI - PROJECT CONSTRUCTION BUDGET AND COST ESTIMATES
8
SECTION VII - ARCHITECT'S ACCOUNTING RECORDS
8
SECTION VIII- TERMINATION OF AGREEMENT
9
SECTION IX - OWNERSHIP OF DOCUMENTS
9
SECTION X - GENERAL CONSIDERATIONS
9
SECTION XI- INDEMNIFICATION AND INSURANCE
10
SECTION XII - SUCCESSORS AND ASSIGNS
12
SECTION XIII - NO KICK-BACK
13
SECTION XIV - NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, & AMERICANS
WITH DISABILITIES; SMALL BUSINESS ENTERPRISE POLICY
13
SECTION XV - INDEPENDENT CONTRACTOR
13
SECTION XVI - CONFLICTS
13
SECTION XVII - CONTINGENCY FEE
14
SECTION XVIII - MATERIALITY AND WAIVER OF BREACH
14
SECTION XIX - COMPLIANCE WITH LAWS
14
SECTION XX - SEVERANCE
14
SECTION XXI - JOINT PREPARATION
14
SECTION XXII - PRIORITY OF PROVISIONS
15
SECTION XXIII - APPLICABLE LAW AND VENUE
15
SECTION XXIV - AMENDMENTS
15
SECTION XXV - PRIOR AGREEMENTS
15
SECTION XXVI - DRUG-FREE WORKPLACE
15
SECTION XXVII - INCORPORATION BY REFERENCE
15
SECTION XXVIII - LEGAL WORKER REQUIREMENTS
15
SECTION XXIX - ATTACHMENTS
16
SECTION XXX - NOTICES
16
SECTION XXXI - CLAIMS AND DISPUTE RESOLUTION
17
SECTION XXXII - CONTRACT EXECUTION
17
SECTION XXXIII - UNIFORM ADMINISTRATIVE REQUIREMENTS
17
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 2
EXHIBIT A - PROJECT SERVICES
19
I - GENERAL
19
II- PRE-DESIGN SERVICES PHASE
19
III - SCHEMATIC DESIGN PHASE
19
IV - DESIGN DEVELOPMENT PHASE
20
V - CONSTRUCTION DOCUMENTS PHASE
20
VI- QUALITY ASSURANCE/QUALITY CONTROL
21
VII- BIDDING PHASE
22
VIII- CONSTRUCTION PHASE
22
IX - ARCHITECTS REQUIRED ADDITIONAL SERVICES
24
X - OPERATION AND MAINTENANCE MANUAL(s)
24
EXHIBIT B — HOURLY RATES
27
EXHIBIT C MARICOPA COUNTY SMALL BUSINESS ENTERPRISE PROGRAM PARTICIPATION
REPORTING FORM
28
EXHIBIT D - LEGAL WORKER CERTIFICATION
29
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION
30
EXHIBIT E RECORD DRAWING PROCEDURES
34
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Smices
Page 3
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT BETWEEN MARICOPA COUNTY, ARIZONA, AND Swan Architects, Inc.
FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT is made and entered into by and between MARICOPA COUNTY, ARIZONA hereinafter
called the "COUNTY" and Swan Architects, Inc.; 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 - 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 he 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
time 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-ROQ
Term Architectural Services
Page 5
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 regulatory 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.
B. Costs associated with normal office supplies and equipment expenses shall not be considered as Additional
Reimbursable Expenses paid by the COUNTY as these costs shall be considered as normal overhead and
operating costs which are factored into the ARCHITECT's fee. Normal overhead and operating costs shall
include but are not limited to:
I. 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:
I. Vehicle mileage to any COUNTY-owned facility located within the State of Arizona.
1 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 ARCHITECT's services under this Agreement. The
COUNTY's monitoring of the ARCHITECT'S 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 B — 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 nofify 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 shalt 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 shalt 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 ARCHITECTis 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.
1. All insurance required herein shall be maintained in full force and effect until all work or service required
to be performed under the terms of the 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. ARCHITECT's 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 ARCHITECT'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:
I. 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 necessary, 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 Injury
$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.
I. 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 SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 12
SECTION XIII - 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 (SBE) 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 SBE firms by ARCHITECT be reported for tracking by the County. A full description of
the County's SBE 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-ROQ
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 XX - 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 XXI - 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 effort. The language agreed to expresses their mutual
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO 200020-ROQ
Term Architectural 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. Al! 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 X.XV - 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 from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no
modification, amendment or 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 ARCHITECT'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 REQUIREMENTS
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-ROQ
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 XXX - 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:
Jeffry Swan, President
Swan Architects, Inc.
833 N. 5' Avenue
Phoenix, Arizona 85003
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term 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.
B.
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 XXXII - 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 XXXIII – 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-ROQ
Tern: Architectural Services
Page 17
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Title
Term Architectural Services
200020-ROQ
Date
96—* /02.1 fiba°
Federal Tax Identification Number
10q78
Arizona Contractors License Number
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Vendor Terms
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NIGP Commodity Code (Advantage)
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 Na 200020-ROQ
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. Al! 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.
II- 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.
B. 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.
III - 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 PHASE
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 (I) 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
SERIAL NO. 200020-ROQ
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 Final 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 ARCH1TECT'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.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
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 of the 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-ROQ
Tem 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. RFI'S shall be in numerical order,
with no breaks in consecutive numbering. Each page of any attachments to an RFI shall bear the RFT
number. All RFI's should be submitted by e-mail. RF1's shall not be utilized to approve submittals or
substitutions nor to request Task Order Modifications or Change Orders. RFI's shall be responded to within
seven (7) days of being received, referencing the RFI 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.
1. 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 shalt 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
Tern? 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.
1. 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.
1 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-ROQ
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 (1) 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."
I. 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-ROQ
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-ROQ
Term Architectural Services
Page 26
EXHIBIT B - HOURLY RATES
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 27
Facilities Management Department
MARICOPA COUNTY, ARIZONA
200020-ROQ Term Architectural Services
ARCHITECTURAL SERVICES CONTRACT
SERIAL # 200020-R0Q
CONTRACT NO. 200020-ROQ
COMPANY NAME: Swan 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
$ 120.00
Project Manager
$ 110.00
Architect
$ 110.00
Specification Writer
$ 105.00
Project Coordinator
$ 105.00
Drafter (BIM)
$ 55.00
EXHIBIT C MARICOPA COUNTY SMALL BUSINESS ENTERPRISE
PROGRAM PARTICIPATION REPORTING FORM
This form is to he 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 th s 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 Firm Name
SBE Firm Address
Type of Work Performed
$ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
El A mark in this box certifies that no SBE firms were utilized as the prime, sub-consultant or subcontractor with respect
to this pay application/invoice.
Date:
Phone No.:
Printed Name
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 28
EXHIBIT D - LEGAL WORKER CERTIFICATION
(NOTE: Please see proposal for document)
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 29
EXHIBIT E - ALTERNATIVE DISPUTE RESOLUTION
Li
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 patties. 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 ARCHIMCTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term 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-ROQ
Term Architectural Services
Page 31
1.7.6 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the Mediator or
the single arbitrator or arbitration panel, may: (i) at the request of any party, join and/or sever
parties, and/or claims arising under other contracts containing this ADR 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.
1.7.7 Fees and Costs. Each party shall bear its own fees and costs in connection with any informal
hearing before the mediation. All fees and costs associated with any arbitration before the single
panel or arbitration panel, including without limitation the arbitrator fees, and the prevailing
party's reasonable attorneys' fees, expert witness fees and costs, will be paid by the non-
prevailing party, except as provided for herein. In the event that Architect is the non-prevailing
party, all fees and costs as noted above shall first be paid out of the bond posted with the
arbitrator. In no event shall the Architect's obligation to pay fees and costs be limited to the
amount of the bond posted herein. In no event shall any arbitrator's hourly fees be awarded in
an amount in excess of $250 per hour and (i) costs shall not include any travel expenses in excess
of mileage at the rate paid by Maricopa County, not to exceed a one way trip of 150 miles, and
(ii) all travel expenses, including meals, shall be reimbursed pursuant to the travel policy of
Maricopa County in effect at the time of the hearing. The determination of prevailing and non-
prevailing parties, and the appropriate allocation of fees and costs, will be included in the award
by the single arbitrator or arbitration panel.
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
Term 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 SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 33
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 of a project must be able to be manipulated
using standard AutoCAD drafting procedures. Non-compliance with this policy may result in the rejection of
AutoCAD files submitted at project closeout, in addition to delayed rendering of final project payment. "DXF"
files will not be accepted at project closeout as a substitution for "DWG" AutoCAD file deliverables. Projects
using Building Information Modeling (BIM) software are still required to submit "DWG" formats for their
projects.
Electronic File Format
CAD drawings must be submitted in full compliance with AutoCAD software 2007 drawing file format (file
extension = .DWG).
All Construction and Record Document project drawings must be submitted to Maricopa County Facilities
Management Department in all file formats listed below; other formats are not acceptable without the prior
consent of Maricopa County Facilities Management Department.
•
AutoCAD® 2007 or higher — DWG format only.
•
Adobe® PDF version 6.0 or higher.
Scale, Units, Coordinate System and Orientation
AutoCAD drawings should be drafted at full scale in architectural or engineering units, such that one drawing
unit equals one inch. The User Coordinate System (UCS) for all AutoCAD drawings should be set to "World".
Tolerances
When projects require creation of new AutoCAD floor plans from field measurements, exterior building
dimensions should reconcile to within one (1) inch of actual building dimensions as measured in the field.
Interior building dimensions must reconcile to within half (1/2) inch of actual field dimensions. However,
individual project requirements may vary. Please confirm requirements with the Project Manager designated by
Maricopa County.
TERM ARCHITECTURAL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural Services
Page 34
Blocks
The following rules must be employed when handling block entities:
1. All entities within a block must be created on layer 0.
2. Drawing entities translated into AutoCAD blocks from non-AutoCAD systems must revert to layer
0 when exploded within AutoCAD.
Policy on External Reference Files (XREFs)
Maricopa County will not accept the submission of any AutoCAD drawing deliverable which contains unbound
references to external source drawing files. All externally referenced data sources that were used during the
AutoCAD drawing production phase should be incorporated as a block within a single drawing file, including
the title block and all identifying information visible in the printed image, upon project completion and prior to
submission to Maricopa County. Layers contained in XREF's inserted as blocks should conform to Maricopa
County guidelines. The resulting self-contained drawing file is an acceptable deliverable to Maricopa County.
Owner Supplied CAD Files
Prior to commencement of design and construction services, Maricopa County will provide past Record
Drawings in AutoCAD per the Contract Agreement that can be used as the background for space documentation
projects. These have been generated using a variety of methods and may require field verification. When no pre-
existing Record Drawings in AutoCAD are available, consultants will be required to produce drawings entirely
from field measurements. AutoCAD files are transmitted for the convenience and expediency of the DP, their
Sub-consultants and the 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: 1) exterior walls; 2) vertical elevations & sections; 3) details; 4)
schedules; 5) doors; 6) glazing; 7) elevator shafts; 8) stair wells and other changes in floor elevation; 9) built-in
furniture and/or modular systems. The DP, their Sub-consultants and the 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 Maricopa County owner.
AIA CAD Layer Guidelines
See U.S. National CAD Standard Version 3 (attached).
USE OF BUILDING INFORMATION MODELING (BIM)
Although projects may utilize Building Information Modeling (BIM) for conveying three-dimensional design,
two-dimensional deliverables are still required as outlined in this guideline and as specified in Maricopa County
Agreements with the DP, their Sub-consultants and Contractors.
BIM Execution Plan
TERM ARCHITECTUI?AL SERVICES CONTRACT
SERIAL NO. 200020-ROQ
Term Architectural 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-ROQ
Term Architectural Services
Page 36
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CERTIFICATE OF LIABILITY INSURANCE
DATE (MWDONYYY)
02110/2020
THIS CERTIFICATE IS ISSUED AS A marrER 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.
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NAIC #
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wan Architects, Inc.
33 N. 5th Ave.
Phoenix, AZ 85003
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Architecture and Design Consultants
RE: Serial 200020-R0 Q, 3-year term, Architectural & Planning Services
COUNTY, Its agents, representatives, officers, directors, officials and
employees are additional insured as indicated. Coverages afforded
are primary and non-contributory basis.
(Coned)
CERTIFICATE HOLDER
MAR1C10
Marlcopa County Office of
Procurement Services
320 West Lincoln St
Phoenix, AZ 85003
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
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ACORD 25 (2016103)
November 14, 2019
Re:
Office of Procurement Services — Maricopa County
Statement of Qualifications for Architectural Services
Serial #200020-ROQ / Contract #200020-ROQ
Due Date: Thursday, November 14, 2019
Due Time: 2: P.M. MST
RV
6. swan
architects,
inc.
833 north 5th avenue
phoenix, arizona 85003
lel: 602-264-3083
www.swanarchitects.com
Dear Mr. Shamrock,
We are pleased to submit the accompanying Statement of Qualifications to provide Term
Architectural Services. SWAN will use their capabilities in design, historic preservation, and
construction administration to assist Maricopa County on future projects.
In our Statement of Qualifications we have included examples of new construction, renovation,
tenant improvements, and historic preservation on-call/term services projects. Most of these
projects included programming, planning, design, preparation of construction documents, and
construction administration services. All the examples were directed by key personnel identified for
the County's Term Architectural Services.
We would welcome the challenges and accompanying responsibilities associated with your future
projects and are prepared to commit a major measure of our energies and skills to their successful
completion.
Sincerely,
JafferAlyirwan, MA
President
1. PRIOR EXPERIENCE
FIRM INTRODUCTION
Swan Architects, Inc., (SWAN) an Arizona Corporation, was established in January 2000 and is a
registered architectural firm with the Arizona Board of Technical Registration (#10978-0).
SWAN has provided comprehensive architectural design, programming, planning, historic
preservation, and construction administration services to many Federal agencies, State of Arizona
departments, Arizona counties, cities, and municipalities for more than 20 years. Projects of widely
diverse types and sizes have been successfully completed throughout Arizona. Building types with
which we have multiple experience includejudicial facilities, office buildings, park and recreation
facilities, community centers, auditoriums, museums, aircraft hangars, and industrial/ maintenance
facilities.
Our organization, by choice, is of moderate size and seeks only those projects in which it has a
special and sincere interest. Nevertheless, its staff is adequate to undertake virtually any
architectural or planning project and to complete it in a timely and proficient manner. The firm's key
personnel are associates or longtime employees and are accustomed to working in concert on
complex tasks. Also, our engineering consultants have worked with us over a period of many years
and are carefully selected for their expertise in specific building types.
FIRM'S QUALIFICATIONS
SWAN has completed numerous Architectural On-Call/Term services projects over the past 20
years. Many of these projects involved building assessments, the design of new buildings, and the
renovation, rehabilitation, and/or restoration of out-of-date or historic buildings. On-call/term
services projects have been successfully completed for Maricopa County, Plnal County, and
several City of Phoenix departments including Parks and Recreation, Historic Preservation, Public
Works, Housing, and the Aviation Department.
Additionally, SWAN has extensive experience in the renovation, rehabilitation, and restoration of
out-of-date or historic buildings for adaptive reuse. Many of these projects involved properties listed
on the National Register of Historic Places. Noteworthy projects include the renovation of the
1922 Maricopa County Old Courthouse, renovation of the 1928 Chambers Building,
rehabilitation of Memorial Hall and the A. E. England Motor Building in Civic Space Park.
Both later projects received the Governor's Grand Award and Valley Forward Environmental
Excellence Award for Historic Preservation.
SWAN has extensive knowledge of building, fire, and life-safety codes and the Americans with
Disabilities Act. We have completed many building conditions assessments, building
documentations, historic property surveys, adaptive and/or continued use plans, feasibility
studies, accessibility reviews, and tenant improvements on more than 100 out-of-date or
historic buildings.
SWAN strives to be innovative in its designs but is always attentive to the client's perspective and
the projects' constructability, cost, functionalism, and ability to withstand the test of time without
excessive maintenance.
Maricopa County
Swan Architects, Inc.
Term Architectural Services
1
FIRM'S REPRESENTATIVE TERM ARCHITECTURAL PROJECTS
CHAMBERS OFFICE BUILDING RENOVATION/REHABILITATION, Phoenix. This multiphase
project consisted of the interior renovation and exterior rehabilitation of the 1928 three-story building
for the Maricopa County Office of Enterprise and Technology.
The newly configured interior space included open and private offices, technology laboratories,
training rooms, and breakout spaces. Upgrades to the mechanical, plumbing, electrical, and life-
safety systems were completed to improve efficiency and overcome deficiencies. Exterior
rehabilitation included replication of historic storefronts, steel window rehabilitation, stucco repair,
brick/mortar repointing, and rehabilitation of significant character-defining elements.
Professional services included: programming,
space planning, design, historic preservation, and
construction administration.
a. Size: Approximately 40,000 s.f.
b. Service: Prime Architect/Historic Preservation
c. Budget: Approximately 2.5 million - Final cost
overseen by FMD
1) Change Orders: FMD increased scope
2) Cost Savings: Utilize existing building
systems to greatest extent feasible
d. Start Date: 6/2015 Finish Date: 1/2018
e. Reference: Don Bump, FMD/602 -372-0330
REHABILITATION OF THE 1891 PINAL COUNTY COURTHOUSE, Florence. This project
consisted of interior and exterior rehabilitation of the 1891 Courthouse. The adaptive use project
included offices for the County Supervisors and Administrators, a Board of Supervisors hearing
room, and multipurpose/classroom spaces.
Interior renovation measures included installation of HVAC, electrical, and fire sprinkler systems,
design of a new elevator, floor reinforcement and renovation of office spaces. Exterior rehabilitation
measures included restoration of historic character-defining elements, brick repointing, window and
door restoration/replication, clocktower stabilization, entrance porch reconstruction, design of a new
plaza, and other site amenities.
a. Size: 28,000 s.f.
b. Services: Prime Architect/Historic Preservation
c. Budget: 4.1 million - Final: 4.25 million
1) Change Orders: Owner selected Additive Bid Items
2) Cost Savings: Teamed with Contractor to value engineer all building systems
d. Start Date: 12/2013 Finish Date: 1/2015
e. Reference: Archie Carreon, Director FMD/520-866-6416
Maricopa County
Term Architectural Services
Swan Architects, Inc.
2
REHABILITATION OF THE OLD MARICOPA COUNTY I CITY COURTHOUSE, Phoenix. This
multi-phased project consisted of the renovation of the seven-story historic structure in downtown
Phoenix. Constructed in 1928, the Spanish colonial revival courthouse was listed on the National
Register of Historic Places in 1988. Exterior rehabilitation/restoration measures included repair
and/or replacement of the terra Gotta veneer and ornaments, replication and/or replacement of
wrought and cast-iron work, restoration of steel windows and bronze doors, glazing/glass
replacement, cleaning of exterior surfaces, and repairing and replacing clay barrel roof tiles. Interior
renovation on the County side included reconfiguration and renovation of the offices for Superior
Courts and renovation of the sixth-floor jail as a conference center. Renovation on the City side
included administrative office improvements for the Phoenix Police Department.
Professional services included: evaluating as-found conditions and deficiencies, programming,
design, space planning, interior design, historic preservation, and construction administration.
a. Size: 4th , 5th, and 6ill floors (approximately 30,000 s.f.)
b. Service: Prime Architect/Historic Preservation
C. Budget: 5 million Final: 5.1 million
1) Change Orders: Superior Courts/FM D Increased scope of work
2) Cost Savings: Utilized original materials to greatest extent possible
d. Start Date: 2/2012 Finish Date: 12/2014
e. Reference: Maricopa Facilities Management
2. KEY TEAM MEMBERS
Jeffry A. Swan, AIA, directs the firm's on-call/term services projects. Jeff has been with the firm
for 20 years and has more than 28 total years experience in completing on-call/term projects
of diverse types, size, and complexity. Jeff is recognized as an imaginative building designer and
space planner and is intimately familiar with The Secretary of Interior's Standards for Historic
Preservation Projects. Mr. Swan qualifies as a historical architect in accordance with Code of
Federal Regulations, 36 CFR Part 61.
Jeff will serve as the project manager and be intimately familiar with all on-call projects and be
authorized to respond to issues during the entire course of the contract. As project manager, he will
provide a single point of communication and will have full responsibility of implementing the work
and assuring continuity in project leadership.
Maricopa County
Swan Architects, Inc.
Term Architectural Services
3
a. ORGANIZATION CHART
Maricopa County
leadership / Team
Project Architect
Jeff Swan, AIA
Swan Architect, Inc
Architectural Support
Randy Erwin / Dan Watts
Jan Burkett
Swan Architects, Inc.
Engineering Consultants
(Selected for their expertise in specific project types)
Landscape
Architect
Support
Civil
Engineering
Support
Structural
Engineering
Support
Mechanical
Plumbing
Engineering
Support
Electrical
Special Systems
Engineering
Support
REPRESENTATIVE TEAM PROJECTS
The following projects have been completed by SWAN and its consulting engineers in the
first 3 years of the 7-year South Mountain Park Project. The same Team will be retained for
the duration of the overall project.
•
Pima Canyon Trailhead at South Mountain Park (site improvements, new restroom building
and ramadas)
Construction completed in December 2018
Final Cost:
$ 2,000,000
Project Owner:
City of Phoenix Parks and Recreation Department
•
Desert Foothills Trailhead at South Mountain Park (site improvements, new restroom
building, and ramada)
Construction completed in June 2019
Final Cost:
$1,000,000
Project Owner:
City of Phoenix Parks and Recreation Department
•
South Mountain Park Ranger Station (new 6,000 sf. office building)
Design: 100% Complete CDs/Construction to be completed in August 2020
Budget: $2,300,000
Project Owner:
City of Phoenix Parks and Recreation Department
•
Dobbins Lookout at South Mountain Park (site improvements and new ramada)
Design: 100% Complete CDs/Construction to be begin in August 2020
Budget: $1,000,000
Project Owner:
City of Phoenix Parks and Recreation Department
Maricopa County
Swan Architects, Inc.
Term Architectural Services
4
3. TEAM'S APPROACH CAPABILITY
MANAGING MULTIPLE ON-CALL/TERM PROJECTS
SWAN has an exceptional record of completing on-call/term architectural projects of varying types
and sizes. Multiple on-call projects with construction budgets ranging from $5,000 to $12,000,000
have been completed each year. Currently, SWAN is in the second year of a five-year, on-call
architectural services contract with Pinal County and in the final year with Maricopa County. Also
SWAN was recently awarded its tenth consecutive 2-year on-call/term contract with the City of
Phoenix. Every annual services contract we have been awarded has been extended to its maximum
allowable period.
SWAN's key personnel will be available throughout the term of the contract. SWAN and its
consultants will dedicate the time and resources necessary to ensure the successful completion
of the County's term architectural services projects.
REPRESENTATIVE TERM ARCHITECTURAL SERVICES PROJECT
The following representative term project included the design of a facility for 11 Pinal County
departments.
•
Pinal County Administrative Complex (new 40,000 s.f. office and courthouse complex)
Design:
100% complete / Construction to be completed in December 2020
Budget:
$12,000,000 FINAL: Bids December 5, 2019
Project Owner: Pinal County Facilities Management Department
User Groups: Community Development, Board of Supervisors, Building Safety, Treasurer,
Assessor, Adult Probation, Juvenile Probation, County Attorney, Clerk, JP Courts, and the Plnal
County Sheriff.
TEAM APPROACH
SWAN routinely builds consensus on planning, design, and scheduling tasks through intensive
work sessions involving the team consisting of the architect, consultants, Owner's representative,
and the user groups. During these sessions we discuss the Owner's goals and listen to the user
group's needs. From this input we develop alternative design concepts that are graphically
displayed and evaluated by the Team based on preference, constructability, cost, functionality
qualities, ease of maintenance, appearance, and environmental sensitivity. All team members
become active participants in the integrated design process having participated in the "how"
and "why" of the design evolution. SWAN believes the architect and consulting engineers
Maricopa County
Term Architectural Services
Swan Architects, Inc.
5
should use their skills to fulfill the goals established by the client rather than to satisfy their
own notions and agendas.
Since completing the design of the Pinal County Administrative Complex, the SWAN team was
awarded a major renovation project for the Plnal County Public Defender.
AVAILABILITY OF TEAM
SWAN does not seek commissions beyond the capability of its staff, so the scheduling of work does
not become a management concern. The staff contemplated for the term architectural services
projects is of sufficient size to complete the work in a timely and professional manner. Additionally,
regardless of project size, SWAN will only assign experienced/qualified personnel with the
necessary skills to complete the project.
SWAN's success with completing term architectural services' projects can partially be attributed
to our availability and the personal attention afforded to our clients. Regardless of project size or
importance we dedicate 100 percent of our capabilities and efforts to their successful completion.
ACCOUNTABILITY
SWAN understands the responsibility to be good stewards of taxpayer-funded projects. Change
orders generally results from two causes: (1) programming deficiencies that lead to owner-
requested changes after construction has begun, and (2) errors and/or omissions in the design or
construction documents. Both causes result from deficiencies in the architects services. If a change
order occurs due to the owner, Swan will evaluate all alternatives to achieve the desired outcome
without increasing the construction costs or lessening the quality of work. If the change order is a
result of an error by SWAN or our consultants, we will negotiate a resolution with the contractor that
does not increase costs to the owner or affect the project's quality.
COMMITMENT
SWAN has completed more than 100 municipal on-call/term architectural services projects over the
past 20 years. Project size ranged from relocating a single exit door to the design of a new 40,000
s.f. courthouse/office complex. SWAN will commit 100 percent effort and guarantee project
success. No project has been delayed or jeopardized because of inadequate staffing, time
constraints, or budget overruns.
FIRM'S OFFICE LOCATION
Office Location - Swan Architects, Inc., will complete all work at its 1914 restored office building
located at 833 North 5' Avenue in Phoenix (approximately 4 blocks from the FMD office building).
Professional License:
Jeffry Allen Swan, AIA, Arizona License #26579
CONCLUSION/COMMITMENT
SWAN will dedicate the time and resources necessary to ensure the successful completion
of the Maricopa County Term Architectural Services projects.
We believe our firm has demonstrated an ability to successfully manage and complete complex
term architectural services projects on time and within budget. We would welcome this challenge
on your future projects and look forward to an opportunity to further discuss your proposed
undertakings.
Maricopa County
Swan Architects, Inc.
Term Architectural Services
6
KEY PERSONNEL RÉSUMÉ
swan architects, inc.
Jeffry A. Swan, AlA
BACHELOR OF SCIENCE ARCHITECTURE
AND URBAN PLANNING,
UNIVERSITY OF
WISCONSIN-MILWAUKEE
ARCHITECT - AZ - #26579
PROFILE:
Jeff served as principal-in-charge or project man-
ager for the following new, restoration, rehabilita-
tion, and/or renovation undertakings.
• Pinal County Administration Complex, Maricopa
• Eastlake Park Multipurpose Bldg., Phoenix
• Undo Park Community Center, Phoenix
• Chambers Building Rehabilitation/Renovation,
Phoenix
• Renovation of the 1922 Maricopa County Old
Courthouse, Phoenix
• Renovation of the 1926 A. E. England Building,
Phoenix
• Renovation of the Phoenix Elementary School
District Building, Phoenix
• Exterior Rehabilitation of 1902 Dining Hall,
Steele Indian School Park, Phoenix
• Rehabilitation of 1922 Memorial Hall, Steele
Indian School Park, Phoenix
• Exterior Rehabilitation of 1932 Grammar School,
Steele Indian School Park, Phoenix
• Rehabilitation of 1891 Pinal County Courthouse,
Florence
• Renovation of the El Zaribah Shrine Auditorium,
Phoenix
• Science Hall Restoration, Arizona State Univer-
sity
• Rehabilitation of the Evans House, Office of
Tourism, Phoenix
• Phoenix Tennis Center, Phoenix
• South Mountain Park Rehabilitation, Phoenix
• Pima Canyon Trailhead Rannadas, Phoenix
• Encanto Park Improvements, Phoenix
• Rehabilitation of the Sanger Building, Wicken-
burg
• Renovation of Ramsey Canyon Visitor Center,
Sierra Vista
Mr. Swan has practiced architecture in Arizona for
more than 28 years. Jeff is knowledgeable of
current and outdated building materials and
construction techniques and has devoted much of
his career to the restoration, rehabilitation, and
adaptive reuse of existing buildings. Mr. Swan's
rehabilitation work is recognized for attention to
detail, historic accuracy, and adaptive-use
functionalism. He is also well versed in building,
life-safety, fire, and accessibility code require-
ments. Jeff is intimately familiar with the Secretary
of the Interior's Standards for Historic Preserva-
tion Projects and qualifies as a historic architect
in accordance with Code of Federal Regulations,
36 CFR Part 61. Mr. Swan has completed a
number of building restoration and rehabilitation
projects, many of which involved properties listed
on the National Register of Historic Places. Also,
Mr. Swan is recognized as an imaginative build-
ing designer and space planner and has partici-
pated in the design and production of construction
documents for a variety of building types, includ-
ing park and recreation facilities, community
centers, educational facilities, judicial facilities,
office buildings, maintenance facilities, museums,
and auditoriums. Jeff has experience with most
Mr. Swan has completed the following Building
delivery systems including CM at Risk, design
Conditions Assessments:
build, and job order contracting. Jeff is currently
directing the design of several Pinal County
Administrative Office Courts projects.
• WPA Building, Phoenix
• Grammar School, Phoenix
• Memorial Hall, Phoenix
• Dining Hall, Phoenix
• A. E. England Building, Phoenix
• Pinal County Courthouse, Florence
• Maricopa County Old Courthouse, Phoenix
• Hunt's Tomb, Phoenix
• Phoenix Union Liberal Arts Building, Phoenix
• Phoenix Union Science Building, Phoenix
• Monroe High School, Phoenix
• St. James Hotel, Phoenix
• Madison Street Hotel, Phoenix
ATTACHMENT 1- REFERENCES
Pinal County Facilities Management
P.O. Box 727, Florence, AZ 85232
520-866-6416
Archimedes R. Carreon — archie.carreon@pinal.gov
Pinal County Administrative Offices and Courts Complex in City of Maricopa
Design completed October 2019 (construction begins January 2020)
Design of the administrative offices for more then 11 departments including the Pinal
County Sheriff and the Justice of the Peace Courts.
DBB
Swan Architects, Inc. — Architecture
Caruso Turley Scott, Inc.
— Structural
Applied Engineering — Mechanical/Plumbing/Electrical
1.
Client:
Address:
Phone Number:
Person to Contact:
Owners Project $#:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
City of Goodyear
14455 W. Van Buren St., Ste. U0101
623-882-7959
Walter Kinsler — walter.kinsler@goodvearaz.gov
Goodyear Public Works Office Renovation
Design completed December 2019
Renovate existing Public Works Office Building to create flexible office space to accommo-
date rapid growth.
JOC
Swan Architects, Inc. — Architecture
Caruso Turley Scott
— Structural
OSE Design Group
Mechanical/Plumbing
MW Engineering
— Electrical
Brycon Construction — JOC
2.
Client:
Address:
Phone Number:
Person to Contact:
Owners Project it:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
3.
Client:
Address:
Phone Number:
Person to Contact:
Owners Project II:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
City of Phoenix
200 West Washington
602-534-2161
Joe Diaz — ioe.diaz@phoenix.gov
South Mountain Park Improvements — PA77150023-1
Ongoing 7-year plan that commenced in 2017
This 7-year project includes major improvements throughout South Mountain Park
including a new Ranger Station, ramadas at Pima Canyon, Desert Foothills, and Dobbins
Lookout and several other trailheads. Several contractors are being utilized.
JOC
Swan Architects, Inc. — Architecture
Caruso Turley Scott
— Structural
OSE Design Group
Mechanical/Plumbing
MW Engineering
— Electrical
Brycon Construction — Contractor
DNG Construction
Contractor
Brycon Construction
6915 W. Frye Rd, Chandler, AZ
480-785-9911
Kevin Freis — kfreis@brycon.com
City of Phoenix Tennis Center
December 2018
Design a Community Tennis Center at Washington Park
JOC
Swan Architects, Inc.
Caruso Turley Scott
OSE Design Group
MW Engineering
Brycon Construction
— Architecture
— Structural
— Mechanical/Plumbing
— Electrical
_ Contractor
Layton Construction
2355 E. Canielback Rd, Ste 800, Phoenix, AZ
602-840-8655
Tanner Stewart —Tstewart@laytonconstruction.com
Maricopa County Chambers Building Renovation
January 2018
Renovation of 4 floors in the Chambers Building
JOC
Swan Architects, Inc. — Architecture
Caruso Turley Scott
— Structural
OSE Design Group
— Mechanical/Plumbing
MW Engineering
— Electrical
Layton Construction — Contractor
Concord General Contracting, inc.
2240 W. Broadway Rd, Ste 105, Mesa, AZ
480-962-8080
Jason Beaver — ibeaver@concordinc.com
1891 Pinal County Courthouse Rehabilitation
2014
Rehabilitation of the 1891 Courthouse for Administrative Offices and the Board of
Supervisors Hearing Room.
DBB
4.
Project Team:
General Contractor:
Address:
Phone Number:
Person to Contact:
Owners Project #:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
5.
Project Team:
General Contractor:
Address:
Phone Number:
Person to Contact:
Owners Project #:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
6.
Project Team:
General Contractor:
Address:
Phone Number:
Person to Contact:
Owners Project #:
Date of Completion:
Project Description:
Delivery Method:
Project Team:
Swan Architects, Inc.
Caruso Turley Scott
Applied Engineering
Concord General Contracting
— Architecture
— Structural
-- Mechanical/Plumbing/Electrical
— Contractor
M snoop County
Bid 200020 -R0Q
Attachment 2- LEGAL WORKER CERTIFICATION
1111#1. 2/A
(Date)
e)
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003
As required by Arizona Revised Statutes § 41-4401, Marieopa 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.
Arthttris
(Firm)
A. G-W414
(Print Natiie)
(Print Title)
Title)
6 w. Ptli Ave
(Address Line 1)
Oek iX AZ— 46 54'61 3
(Address Line 2)
avPa-2. -244--
(Phone)
eGunefv411-e-df. ew
86- 1011 PO&
(Email Address)
(Federal Taxpayer ID Number)
Request for Qualifications for Architectural Services
Term Arthitecilawl Services
101251201911:11 AM
Page 22
Serialtl 200020-ROO
p.25
Date:
Maricopa County
Bid 200020-R0Q
Attachment 3- SELECTED SERVICES CERTIFICATION
SELECTED SERVICES CERTIFICATION
On behalf of 51,440
112 (", (firm name), I submit that the named firm is applying for the
marked fields listed below. I fin-ther 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
A
Master Planning Services
St
Space Planning Services
elg
Landscape Architecture
0
Facility Condition Index Assessments
121.
Interior Design
X
Building Information Modeling
0
Building Commissioning Services
0
Environmental Architecture
0
Structural Design
0
Construction Management
0
,
Additional disciplines as applicable:
_
/1101 ri C lite.ervafta ki
'
"A(
0
0
0
,...keky A . Givem
Printed
H-eyi dem r
Title
Request for Qualifications for Architectural Services
Term Architectural Services
10125/201911:11 AM
Page 23
Seriaitt 200020-ROQ
p. 26
°Mein
Maricopa County
Bid 200020-ROQ
Attachment 4- NON COLLUSION AFFIDAvrr
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA
,JpR-vy A Oweril
That he is
(Title)
being first duly sworn, deposes and says:
of
tiveivi A-vtlittett
(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
act in restraint of trade or commerce in violation of the provisions of A.R.S. § 34-251, Article 4, as amended.
Subscribed and sworn to before me this
D.4-\CI day of t'
20
My Commission Expires: %\, Q(Dct
el
Request for Qualifications for Architectural Services
Term Architectural Services
10/25/2019 11:11 AM
Page 24
Serial# 200020-ROQ
p. 27