REQUEST FOR PROPOSALS: PROFESSIONAL … for Proposals: Professional Architectural Services 4 A....

UTAH COUNTYPUBLIC WORKS DEPARTMENT

2855 South State StreetProvo, Utah 84606

(801) 851-8600

CLOSING DATE FOR RECEIPT OF PROPOSALS: Wednesday, June 6, 2007

TIME: 3:00 p.m.(Mountain Time)

PLACE: Office of the Utah County Purchasing Agent100 East Center StreetRoom 3600Provo, Utah 84606

REQUEST FOR PROPOSALS:PROFESSIONAL ARCHITECTURAL SERVICES

for theDESIGN AND CONSTRUCTION OF A NEW

MOSQUITO ABATEMENT FACILITYand for the

DESIGN AND REMODEL OF THE EXISTINGHEALTH SERVICES BUILDING

Request for Proposals: Professional Architectural Services i

TABLE OF CONTENTS

1. NOTICE TO PROFESSIONALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Major Elements of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Descriptions of the Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

3. INSTRUCTIONS TO PROPOSERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Project Timetable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Proposal Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Proposal Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Oral Presentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Price Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Economy of Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Submittal Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5County Use of Proposal Ideas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Questions and Clarifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Acceptance of Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Disqualification of Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Withdrawal of Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Proposal Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Evaluation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Proposal Evaluation Worksheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4. CONTRACT REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Alteration of Plans or Character of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Authority of the County Commission and the County Engineer . . . . . . . . . . . . . . . . . . . . . . 11Extra Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Independent Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Inspections and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Interpretation of RFP and Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13No Presumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Proprietary Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Rules of Procurement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Successors of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

PRELIMINARY PROJECT CONCEPTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix 1PROPOSAL RESPONSE FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment ACERTIFICATE OF NON-COLLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment BPRICE PROPOSAL FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment CSAMPLE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment D

Request for Proposals: Professional Architectural Services 1

1. NOTICE TO PROFESSIONALS

Through this Request for Proposals (RFP), Utah County is seeking proposals from qualifiedprofessional architectural firms to demonstrate qualifications, experience, and proposed approachfor architectural design and construction management for 2 projects: a new Mosquito Abatementfacility; and the remodel of the existing Health Service Building(collectively the Facilities).

The selected architect shall provide preliminary designs and cost estimates, final design services, andconstruction management services for the Facilities as further described herein.

Utah County intends to pursue an expeditious scoping, design, and construction schedule to best takeadvantage of available financing, and thus is seeking innovative, cost-effective solutions for theproject.

Responses to this RFP should include details about qualifications and related experience as describedherein. They should also include a proposal for a recommended approach to the projects andpreliminary conceptual design for the Facilities, but do not need to include detailed designs.

Utah County intends to compare and evaluate all qualifying submittals and select the most qualifiedarchitect based on proposal content, responsiveness to County goals and the results of an oralpresentation to County representatives.

This is a Request For Proposals only and should not be interpreted as a solicitation for services oras a contract for services. Submittals should be comprehensive, concise, and directly responsive tothe goals and format as outlined in this RFP. Innovative and creative solutions are encouraged.

2. SCOPE OF WORK

2.1 MAJOR ELEMENTS OF THE WORK

Utah County anticipates that a full complement of professional services shall be provided bythe architect selected for this project. These services shall include, but not necessarily belimited to, those outlined below:

A. Evaluation of Utah County requirements and of the proposed sites.B. Evaluation of Federal, State and local requirements and standards, including Provo City

and Spanish Fork City zoning and other requirements.C. Preliminary design services.D. Preliminary cost estimates.E. Final design services.F. Preparation of plans and specifications for construction bidding.G. Final cost estimate.H. Assistance with bidding.I. Construction managementJ. Assist County with selection and procurement of furniture, fixtures and equipment.


2.2 CONSIDERATIONS

The selected architect shall:

A. Determine any requirements for the proposed Facilities necessary to meet therequirements of the respective city’s zoning and other standards for the project.

B. Conduct scoping meetings with Utah County and building tenant representatives todetermine space requirements, design parameters, and other related needs.

C. Complete all design work in conformance with applicable city ordinances, zoning andother requirements, all applicable building codes and all state, federal and localordinances, laws, rules and regulations. The project must be designed using energy-efficient and minimum-maintenance materials and equipment.

D. Be responsible for knowing and utilizing all applicable Federal, State and localordinances, laws, rules and regulations.

E. Design the Facilities to promote compatibility with the existing buildings in the area.Site utilization for the area must be considered in all plans for the site.

F. Be responsible to provide all legal support for their work and comply with all laws.

G. Utilize innovative and economical design solutions.

2.3 DESCRIPTION OF THE PROJECTS

See Appendix 1 for preliminary conceptual information about each project.

A. New Mosquito Abatement Facility:1. Location: approximately 450 West 3000 North, Spanish Fork, Utah

To be located on a site between the existing County Fuel Station and the existingAnimal Shelter facility.

2. Elements: Office/Lab Building - approximately 3,000 sq ft.Chemical Storage Building - approximately 1,350 sq. ft.Covered Parking - approximately 4,200 sq. ft.LandscapingAsphalt parking lotGravel storage and parking yard enclosed by chain link fencingAll utilities are present at the property frontage of 3000 North Street.

B. Remodel of Existing Health Services Building:1. Location: 589 South State Street, Provo, Utah2. Elements: Existing main-level = 25,500 sq. ft.

Existing 2nd level = 11,500 sq. ft.Site = 2.08 acres with approximately 130 parking spaces

3. Objective: Remodel the existing facility to house Mountainlands CommunityHealth, a full-service outpatient health care clinic, and to create generaloffice space.


3. INSTRUCTIONS TO PROPOSERS

3.1 PROJECT TIMETABLE

The following timetable has been established for this project.

ITEM DATE

Closing Date for Receipt ofProposals

Wednesday, June 6, 20073:00 p.m.(Mountain Time)REQUIRED

Commencement of Construction Spring 2008 (projected)

Project Completion Date Spring 2009 (projected)

3.2 PROCEDURE

A. The procedure for response to this RFP, evaluation of proposals, and selection of anarchitect is as follows:1. Interested entities will prepare and submit their proposals according to the Project

Timetable contained in Subsection 3.1;2. Utah County and/or its representatives will evaluate all submitted proposals to

determine acceptance or rejection of the proposals.3. Oral presentations will be made to Utah County by selected proposers.4. A professional Services Agreement will be executed between Utah County and

the selected architect.

3.3 PROPOSAL SUBMISSION

A. Each respondent must submit FIVE (5) COPIES of its SEALED proposal to the UtahCounty Purchasing Agent. The envelope containing the proposal must be clearlylabeled “SEALED PROPOSAL - PROFESSIONAL ARCHITECTURALSERVICES”. The proposal must be delivered to

Utah County Purchasing Agent100 East Center, Room 3600Provo, Utah 84606

B. The deadline for receipt of proposals is set forth in Section 3.1 “Project Timetable”. LATE PROPOSALS WILL NOT BE ACCEPTED EXCEPT AS SET FORTH INUTAH COUNTY PROCUREMENT RULES AND REGULATIONS.

3.4 PROPOSAL ORGANIZATION

All requested documentation must be included. Responses must be on the includedforms. If the respondent requires additional space, plain sheet(s) of paper may be usedand attached to the form(s). The proposal must include (in the following order):


A. Transmittal letter stating the respondent’s intent to participate in the contract. Theletter of transmittal shall be on official business letterhead and shall include thefollowing:1. A statement that the respondent will comply with all terms and conditions as

indicated in the RFP.2. A statement indicating whether the respondent is a corporation or other legal

entity.3. A statement of affirmative action that the respondent does not discriminate in its

employment practices with regard to race, color, religion, age (except as providedby law), sex, marital status, political affiliation, national origin, or handicap.

4. A certification statement to the effect that the person signing the proposal isauthorized to do so on behalf of the respondent.

5. Names of the key contact persons with their title and telephone numbers. Also,indicate first and second back-up contact persons if the person signing theproposal is not available to take a call from Utah County.

6. Name and complete mailing address of the respondent along with telephonenumber and fax number.

B. Completed Proposal Response Form (Attachment A) including all requestedattachments.

C. Completed Certificate of Non Collusion (Attachment B).

D. Certificate of Commercial General and Professional Liability insurance as requiredin Section 4.9.A.

E. Certificate of current Workers Compensation insurance as required in 4.9.B.

F. Proposal, including at least the following sections:1. Introduction:

This section should consist of a cover letter, an executive summary (two pagesmaximum) and an organizational chart showing the team involved includingindividual members, all organizations, relationships, and breakdown ofresponsibilities.

2. Proposer Qualifications:This section should describe the architect’s experience on similar projects,including the individual involvement on the specific projects described. Projectinformation, such as photographs and floor plans for the identified projects,should be briefly included. Resumes of principals and other key staff scheduledto participate on the projects should be included. For all major participants, notethe approximate full time equivalent hours to be devoted to the project. Provide aminimum of three references, including name, address and telephone number, ofpersons who can attest to performance on relevant projects.

3. Proposal:This section should cover such things as the approach to the RFP; the proposedschedule of the work; the project strategy; the methodology to be used to controlcosts, maximize construction economy and insure operational effectiveness;


identify outputs to be delivered; and identify advantages of the proposal to UtahCounty.

G. Completed Price Proposal Form (Attachment C) included in a SEPARATE SEALEDENVELOPE.

3.5 ORAL PRESENTATION

As part of the proposal evaluation process, selected architects will be invited to make oralpresentations to Utah County. These presentations must be made by the same projectteam personnel who will be assigned to the project should the architect be awarded acontract.

3.6 PRICE PROPOSAL

A. The price proposal for this project shall be submitted on the form provided in thisRFP. This price shall include all fees and costs for the provision of project scoping,preliminary design services, preliminary cost estimates necessary to determinefinancing requirements, final design services, preparation of plans and specificationsto be used in construction bidding, preparation of final cost estimates, assistance withbidding, and construction management.

B. The price proposal form shall be submitted with the proposal, in a separate sealedenvelope clearly marked with the architect’s name and the words “Price Proposal”. This envelope will not be opened until after the successful architect has beenselected. The price proposal will be used as a starting point to negotiate a finalcontract price with the selected architect.

3.7 ECONOMY OF PREPARATION

The proposal should be prepared simply and economically, providing straightforward,concise delineation of the architect’s capabilities to satisfy the requirements of this RFP. Fancy bindings, colored displays and promotional material are unnecessary. However,technical literature about the architect’s experience and qualifications may be included. Emphasis should be on completeness and clarity.

3.8 SUBMITTAL OWNERSHIP

All proposals (and the materials contained therein) submitted in response to this RFPshall become the property of Utah County and may be reviewed and evaluated by anypersons at the discretion of the County. No proposal shall be returned to the respondentregardless of the outcome of the selection process. Proposers should carefully considerthe items submitted before submitting items that would not be disposable to the architect.

3.9 COUNTY USE OF PROPOSAL IDEAS

The County reserves the right to use any or all ideas presented. Selection or rejection ofthe proposal does not affect this right.


3.10 QUESTIONS AND CLARIFICATIONS

Questions regarding this RFP should be directed to:

Donald Nay, Associate Public Works Director2855 South State StreetProvo, UT 84606

Business Hours: 8:00 a.m. to 5:00 p.m. Mountain TimeTelephone : (801) 851-8602Fax: (801) 343-8602

3.11 ACCEPTANCE OF PROPOSAL

A. Utah County reserves the right to reject any or all proposals or waive minorirregularities when to do so would be in the best interests of Utah County. Minorirregularities are those which will not have a significant adverse effect on overallcompetition or performance levels.

B. The responding party agrees that Utah County may terminate this procurementprocedure at any time, and Utah County shall have no liability or responsibility to theresponding party for any costs or expenses incurred in connection with this RFP, orsuch party's response.

C. Failure of the successful architect to enter into a written agreement consistent withthe contents of the proposal, this RFP and the attached Sample Contract may result incancellation of the award at County’s discretion.

3.12 DISQUALIFICATION OF PROPOSAL

A. The County reserves the right to reject any and all proposals received by reason ofthis request, or to negotiate separately with any source whatsoever in any mannernecessary to serve the best interests of the County. The County may not award acontract solely on the basis of this RFP and will not pay for the information solicitedor obtained. The information obtained will be used in determining the proposal thatbest meets the County’s needs and is the most advantageous proposal received. Nooral, telegraphic or telephonic proposals or modifications will be considered.

B. The occurrence of any of the following may result in disqualification of a proposal:

1. Failure to respond by the established submission deadline.2. Failure to completely answer all questions posed in the RFP.3. Use of any other type of form or format other than those indicated in the RFP.4. Failure to provide requested documentation at the time of proposal submission.5. Illegible responses.6. If the proposal is on a form other than that furnished by Utah County.7. If the proposer adds any provisions reserving the right to accept or reject an

award or to enter into a contract pursuant to an award, or any other unauthorizedconditions, limitations or provisions.


8. If the architect is unable to evidence a satisfactory record of integrity. If the architect is not qualified legally to contract.

9. Utah County Reserves the right to reject any or all proposals.

3.13 WITHDRAWAL OF PROPOSAL

The proposal may be withdrawn upon request by the respondent, without prejudice, priorto, but not after, the time fixed to receive proposals.

3.14 PROPOSAL COST

Cost for developing proposals and making proposal presentations are entirely theresponsibility of the respondent and shall not be chargeable in any manner to the County.

3.15 EVALUATION CRITERIA

A. All requirements identified in this RFP must be satisfied in order for the proposal toquality for consideration. The County desires to receive proposals from architectswho can demonstrate operational and technical qualifications and capabilities.

B. All proposals will be evaluated by representatives of Utah County to identify theproposal that best meets the needs of Utah County as set forth in the RFP. A point-based system will be used to evaluate all proposals. The evaluation categories andtheir relative weights are listed on the Proposal Evaluation Worksheet. A briefdescription of each component includes:

1. Qualifications and Experience. This category deals with the architect’sperformance on similar prior projects, and the experience level of key personnelproposed for this project. Experience relates to the overall assessment of thearchitect’s assigned personnel. Evaluation will be based on resumes that areprovided, direct contact with identified current and previous clients, submittedinformation in response to the RFP and on the evaluation team’s assessment ofthe various factors.

2. Scope of Work. Technical Approach. This category represents an evaluationof the work plan submitted and the approach to be used to meet the County’sneeds.

3. Maintenance of Design Schedule. This category deals with the methodologyfor tracking, managing and projecting progress of the work and the ability toprepare documentation that will satisfy all approvals without delay. A timelyschedule and demonstrated ability to meet the time needs of the County will beconsidered.

4. Cost Consciousness. This component pertains to a demonstrated ability to bringin projects on budget and to the overall sensitivity to minimizing total projectscosts including construction, maintenance, and energy usage.


5. Responsiveness of Proposal. Response to the overall proposal will be evaluatedfor logic, order, level of appeal, design, responsiveness, innovation, solutions, accuracy, timeliness of submission and inclusion of required documents.

C. The evaluation of proposals will be conducted in two steps. The proposals will beevaluated in terms of the proposer’s ability to satisfy the requirements outlined in theRFP. The top scoring architects will be invited to participate in oral interviews todetermine the most advantageous proposal to Utah County. At the conclusion ofthese interviews, one architect will be selected and a contract consistent with thisRFP, including the attached sample contract, will be executed by the parties.


PROPOSAL EVALUATION WORKSHEET

Professional Architectural ServicesUtah County Public Works Department

May, 2007

Proposer:_____________________________________ Evaluator:___________________ Date:________

CRITERIA SCORE (0-5 , see below)

X TOTAL COMMENTS

Qualifications and Experience4

20possible

Scope of WorkTechnical Approach 4

20possible

Maintenance of DesignSchedule 3

15possible

Cost Consciousness4

20possible

Responsiveness of Proposal 5

25possible

TOTAL

Scoring will be based on a scale of zero to five, with five being the highest possible and zero being thelowest.

5 Excellent, exceeds requirements4 Above average, exceeds minimum requirements in some areas.3 Acceptable, meets minimum requirements of RFP.2 Fair, partially unresponsive.1 Inadequate, fails to meet requirements.0 Nonresponsive, not addressed in proposal.


3.16 GENERAL

A. Utah County will award a contract in reliance upon the information contained inproposals submitted in response to the RFP. Utah County will be legally bound onlywhen and if there is a signed contract entered into between Utah County and theawarded proposer.

B. It is vitally important that any person who signs a proposal or contract on behalf of arespondent certifies that he or she has the authority to so act. The provider who hasits proposal accepted may be required to answer further questions and provide furtherclarification of its proposal and responses.

C. Receiving this RFP or responding to it does not entitle any entity to participate inservices or transactions resulting from or arising in connection with this RFP. UtahCounty shall have no liability to any person or entity under or in connection with thisRFP, unless and until Utah County and such person or entity have executed andentered into a contract pursuant to the terms of this RFP.

D. By responding to this RFP each responding party acknowledges that neither UtahCounty nor any of its representatives is making or has made any representation orwarranty, either express or implied, as to the accuracy or completeness of any portionof the information contained in this RFP. The responding party further agrees thatneither Utah County nor any of its representatives shall have any liability to theresponding party or any of its representatives as a result of this RFP process or theuse of the information contained in this RFP. Only the terms and conditionscontained in a contract when, as, and if executed, and subject to such limitations andrestrictions as may be specified therein, may be relied upon by the respondents in anymanner as having any legal effect whatsoever.

4. CONTRACT REQUIREMENTS

4.1 AMENDMENTS

No oral modifications or amendments to this Agreement shall be effective, but such maybe modified or amended by a written agreement signed by the parties.

4.2 ALTERATION OF SPECIFICATIONS OR CHARACTER OF WORK

The County Commission, after recommendation by the County Public Works Director,reserves the right to make, at any time during the progress of the work, such increases ordecreases in quantities and such alterations in the details of the work, and the eliminationof one or more items as may be found necessary or desirable and to adjust the contractprice accordingly. Such alterations shall not be considered as a waiver of nor release ofany surety. The Architect agrees to accept the work as altered the same as if it had been apart of the original contract. The Architect shall proceed with the work alterations whenordered in writing. Financial increases to this contract must be approved by the CountyCommission before additional work is authorized.


4.3 ASSIGNMENT

The parties to this contract shall not assign said contract, or any part thereof, without theprior written consent of the other party to the contract. No assignment shall relieve theoriginal parties from any liability hereunder.

4.4 AUTHORITY OF THE COUNTY COMMISSION AND THE COUNTY PUBLICWORKS DIRECTOR

A. The County Commission or the County Public Works Director will decide allquestions which may arise as to the quality, quantity and acceptability of materialsfurnished and work performed and as to the rate of progress of work. They/He willalso decide all questions which may arise as to the acceptable fulfillment of thecontract on the part of the Architect.

B. The County Commission or the County Public Works Director will have the authorityby written order to suspend work wholly or in part due to the failure of the Architectto carry out provisions of the contract, for failure to carry out orders, for conditionsconsidered unsuitable for the progress of the work, or for any other condition orreason deemed to be in the public interest. Written orders shall state the reason forsuspension.

4.5 EXTRA WORK

A. Extra work, shall be undertaken only when previously authorized in writing by UtahCounty, and is defined as additional work which is neither shown nor defined on theplans or specifications, but determined by Utah County to be necessary to the project. Extra work is also defined as that additional effort necessary by reason of changedconditions. But the changed condition must be radical, unforeseen, and completelybeyond the control of the Architect.

B. Miscellaneous items normally associated with the major work items shown, butwhich may not be specifically shown, shall be furnished by the Architect as if theyhad been shown, without additional cost to Utah County. After prior authorization ofthe County Commission in writing, payment for authorized extra work will be madeas provided in the authorization.

4.6 INDEMNIFICATION

The Architect shall defend, indemnify, save and hold harmless Utah County, its officers,employees, and agents, from and against any and all claims, demands, causes of action,orders, decrees, judgements, losses, damages, and liabilities (including all costs andattorney’s fees incurred in defending any claim, demand, or cause of action) occasionedby, growing out of, or arising or resulting from (a) Architect’s, its subcontractors, agentsor employees performance of this contract or their provision of any services requiredherein to be performed by the Architect or its subcontractors, agents or employees, and(b) any act or omission of the Architect, or its subcontractors, agents or employees. TheArchitect shall assume sole liability for any injuries or damages caused to a third party asa result of fulfillment of this contract.


4.7 INDEPENDENT CONTRACTOR

A. Architect states and affirms that he is acting as an independent contractor, holdinghimself out to the general public as an independent contractor for other work orcontracts as he sees fit; that he advertises his services as he sees fit to the generalpublic, maintains his office or place of employment separate from Utah County, andthat any agreement resulting from this RFP is not exclusive of other agreements,contracts or opportunities.

B. The parties intend that an independent contractor relationship will be created by thisagreement. Utah County is interested only in the results to be achieved, and theconduct and control of the work will lie solely with Architect. Architect is not to beconsidered an agent or employee of Utah County for any purpose, and the employeesof Architect are not entitled to any of the benefits that Utah County provides forCounty's employees. It is understood that Utah County does not agree to useArchitect exclusively. It is further understood that Architect is free to contract forsimilar services to be performed for others while working under the provisions of thisagreement.

C. Both parties agree that Architect shall be deemed an independent contractor in theperformance of this agreement, and shall comply with all laws regardingunemployment insurance, disability insurance, and workers’ compensation. As such,Architect shall have no authorization, express or implied, to bind Utah County to anyagreement, settlement, liability, or understanding whatsoever, and agrees not toperform any acts as agent for Utah County. The compensation provided for hereinshall be the total compensation payable hereunder by Utah County.

4.8 INSPECTION AND ACCEPTANCE

Utah County or its authorized representatives shall have the right to enter the premises ofthe Architect, or such other places where contract services are being performed, toinspect, audit, monitor or otherwise evaluate the services being provided and the financialrecords pertaining to the contract. The Architect must provide reasonable access to allfacilities and assistance to Utah County or its authorized representatives.

4.9 INSURANCE

A. The Architect agrees to carry Commercial General and Professional Liabilityinsurance coverage equal to or greater than $2,000,000 per occurrence, and $250,000for real and personal property damage per occurrence, or as modified by the riskmanager pursuant to state statute during the term of this Agreement. This coverageshall provide liability insurance to cover the activities of Architect includingArchitect’s agents, employees and subcontractors, and for all equipment and vehicles,public or private, used in the performance of this contract. This insurance shallname 'Utah County, 100 East Center, Provo, Utah 84606' as an additionalinsured. The Architect shall furnish, with the proposal submission, a Certificate ofInsurance to Utah County evidencing that the Architect has this insurance in place.


B. The Architect shall furnish, with the proposal submission, a Certificate of Insuranceto Utah County evidencing that the Architect has Workers Compensation Insurancefor the Architect, all subcontractors, and all employees of the Architect and/orsubcontractors.

4.10 INTERPRETATION

The invalidity of any portion of this Agreement shall not prevent the remainder frombeing carried into effect. Whenever the context of any provision shall require it, thesingular number shall be held to include the plural number, and vice versa, and the use ofany gender shall include all genders. The paragraph and section headings in thisAgreement are for convenience only and do not constitute a part of the provisions hereof.

4.11 LEGAL

The Architect shall be responsible to provide all legal support for the project includingbut not limited to the preparation of contracts with subcontractors. All contracts shall beinterpreted pursuant to the laws of the State of Utah.

4.12 NO PRESUMPTION

Should any provision of this Agreement require judicial interpretation, the Courtinterpreting or construing the same shall not apply a presumption that the terms hereofshall be more strictly construed against the party, by reason of the rule of constructionthat a document is to be construed more strictly against the person who himself orthrough his agents prepared the same, it being acknowledged that all parties haveparticipated in the preparation hereof.

4.13 NOTICES

All notices, demands and other communications required or permitted to be givenhereunder shall be in writing and shall be deemed to have been properly given ifdelivered by hand or by certified mail, return receipt requested, postage paid, to theparties at their respective places of business, or at such other addresses as may bedesignated by notice given hereunder.

4.14 PAYMENTS

A. After an agreement is entered into, and upon completion of all required work or aspecified portion thereof, the Architect shall submit to Utah County an invoice forpayment.

B. Following receipt of Architect’s invoice and upon certification by Utah County thatthe specified work has been completed, the Architect shall be paid by Utah Countywithin thirty (30) days of said certification.

C. Partial or progress payments, if any such are made, shall not relieve Architect ofperformance or obligations under this Agreement, nor shall such payments be viewedas approval or acceptance of work performed.


D. Payments may be withheld from the Architect by Utah County in order to protectUtah County from loss due to:1. Defective work not remedied.2. Liens or claims filed or reasonable evidence of probable filing.3. The Architect’s failure to promptly pay subcontractors or suppliers for labor

and/or materials accepted by the Architect.4. Damage to another contractor.5. Failure to perform.

4.15 PROPRIETARY INFORMATION

The Architect shall mark any specific information contained in the proposal which is notto be disclosed to the public or used for purposes other than the evaluation of theproposals. Pricing and service elements of the successful proposal will not be consideredproprietary.

4.16 RULES OF PROCUREMENT

A. This procurement shall conform to and is governed by The Utah County Division ofPurchasing Procurement Rules and Regulations.

B. For this procurement, all proposals must be submitted in the proposal format outlinedin Section 3 (Instructions to Proposers) of this RFP.

C. All prospective providers must meet the enclosed criteria as of the date of submission. Respondents must provide all information requested in the Proposal Response Form.

D. Utah County has established certain requirements with respect to proposals to besubmitted by respondents. The use of "shall", "must", or "will", indicates arequirement or condition from which a material deviation will not be approved byUtah County.

4.17 SUCCESSORS IN INTEREST

This Agreement shall be binding upon the heirs, successors, administrators, and assignsof each of the parties thereto.

4.18 TERMINATION

A. This Agreement may be terminated for any reason by Utah County upon thirty (30)days written notice to the Architect, without prejudice to any other right or remedyUtah County may have.

B. Failure of the Architect to adhere to any of the requirements of this Agreement shallbe cause for termination.

C. This Agreement may be terminated for any reason by the Architect upon ninety (90)days written notice to Utah County.


4.19 WARRANTY

The Architect warrants to Utah County that all materials furnished under this Agreement will be new unless otherwise specified, and that all materials and work will be of goodquality, free from faults and defects and in conformance with this contract. All materialsand work not conforming to these requirements, including substitutions not properlyapproved and authorized, may be considered defective. If required by Utah County, theArchitect shall furnish satisfactory evidence as to the kind and quality of materials andequipment.

APPENDIX 1

PRELIMINARY PROJECT CONCEPTS

NEW MOSQUITO ABATEMENT FACILITY

Needs identified by the Utah County Mosquito Abatement Manager:

1. Separate reception area with chairs for patrons and entry vestibule for inclement weather.2. Lab facilities to include upright fridge (blood), chest freezer (store mosquitoes), insect reference

collection cabinet, work stations for 3 employees to work with microscopes. (1.5 X present size)3. Separate offices for manager, field supervisor and employees4. Rest room, showers and changing room for men. (3 showers minimum)5. Rest room, showers and changing room for women. (2 showers minimum)6. Conference room large enough to seat 20 people around table. Suitable for viewing training

videos, conducting daily planning meetings, break and lunch room.7. Storage room for mosquito traps, boots, batteries, 8. Drinking fountain9. A separate chemical storage facility with overhang for loading in inclement weather, ventilation,

heating, and drain traps for accidental chemical spills.a. Separate room for storage of pallets of dry granules with rollup door (10') suitable for

forklift work. b. Separate room for storage of 30 gallon drums of chemicals to be used in ULV spraying

(6-10 drums), agnique oil (2 pallets) and air spray (15-20 drums). Roll up door (10')suitable for forklift work.

c. Separate room for storage of granulators, pump sprayers, chicken feed and pens etc.Larger solid door needed for this room.

d. Maintenance room attached to chemical shed for minor work on equipment. Roll up doorlarge enough to pull in truck or back in trailer and have working space. Forklift will alsobe stored here.

10. Covered parkinga. 20 vehicle spaces with drive through capabilities so truck with trailer attached can be

protected.b. Support pillars must not make parking difficult.

Sample Photos of Other Mosquito Abatement District Facilities in Utah:

Davis MAD BuildingSouth SLC MAD Building

South SLC MAD Reception Area Box Elder MAD Work Area

South SLC MAD Conference Room South SLC MAD Lab and Supply Room

Box Elder MAD Chemical StorageSeparate rooms for dry and liquid chemicals.Safety shower and eyewash station.

Box Elder MAD Locker RoomBox Elder MAD Showers

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CONCEPT FLOOR PLAN

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CONCEPT SITE PLAN

REMODEL OF EXISTING HEALTH SERVICES BUILDING

Mountainlands Community Health CenterNeeds identified by the Mountainlands Development Director/Project Manager:

1. Entrance - patient waiting area with vestibule for inclement weather - chairs for waitingpatients with an area for children (TV ready), walled off with windows and one entry.

2. One central reception desk area with room for 4 to 5 receptionists and 4 billing staffmembers with medical records area, supervisor's office and call center area in closeproximity.

a. Storage for reception supplies, b. Wiring and space for copier, fax machine, printers, credit card machine, and type

writerc. Security camerad. Locked drawer spacee. Safef. Filesg. DVD player (located in reception area) wired to TV in children's areah. Computers (data cabling)i. Panic button linked to security systemj. Locked door access to all medical areas (card swipe type of lock)

3. Separate administrative offices, with one door entry - with vestibule and reception area forone administrative assistant (computer space):

a. Executive Director (computer space, small conference space with round table androom for 4-5 chairs)

b. Financial Director (computer space)c. Development Director (computer space)d. Billing office shared between Billing Supervisor, one billing staff and storage

(computer and printer space) (close proximity to central reception area and FinancialDirector)

e. Administrative Suite shared office:1. Human Resources (computer space)2. Accounts Payable (computer space)3. Storage for Administrative Office supplies, copier, fax machine, printers

4. Separate Clinical offices:a. Medical Director (computer space, framed white board)b. Supervisor office shared; 2 supervisors/1 manager with window facing Reception

area (computer space)c. Medical Provider Suite shared with 9 providers (each with 8 foot work space, book

storage, privacy cubicles, computer space, framed white boards)d. Psychologist Office (desk, file cabinets, recliner, computer space, framed white

board)e. Mental Health Group Therapy office/extern office space (desk, computer space,

storage for toys, books, and other equipment, multiple file cabinets, video tapingcapabilities, framed white board, space for 8 to 10 chairs)

f. Patient Account Representative (glass front office with room for desk and 2 chairs,computer and printer space)

g. Health Educator (computer space)1. Storage space for prenatal supplies2. Storage space for children's toys3. Encased white board4. Framed bulletin board5. Floor to ceiling storage system

h. One centralized Medical Assistant Station1. Work space for computer, printer, and message center for MA and Providers

to answer messages and store medical records as they wait to be answered.i. Multiple Medical Assistant Stations located in exam room pods (computer space)

1. Storage for all MA needs2. Work station for MA and Provider to share3. Room for scales one scale measure >350 lbs, one infant scale

j. Medicaid Outreach with room for file storage, computer and printer5. Pharmacy (access to private rest room)6. X-Ray 12'5" x 20'1" emergency pull cords, changing room, developer room with adjacent

waiting area - room for 4 chairs7. Medical Records with work space for Medical Records Clerk adjacent to Central Reception

Area, fax, copier, printer, computer and shelving system on rollers8. Conference Room with LCD Projector and screen, room for 56 employees with possible

expandable divider, access from break room/kitchen with counter, tele-conference ability anddata cabling

9. 20 Exam Roomsa. Sinkb. Clean and dirty waste in counterc. EMR ready (data cabling)d. Pull out file drawere. Framed bulletin boardf. Emergency pull cords connected to light up boardg. Poster storage caseh. All supplies stored in over counter shelves

10. Dental Suitea. Dentist officeb. Dental Assistants, Dental Hygienist, Dental Recordsc. 4 Dental Operatories 11' x 12' one walled in with Nitrous (Electronic Dental Record

Ready - data cabling)d. Dental Lab areae. Restroom (if room - with emergency pull cord)

11. 2 Procedure Roomsa. Tanked gas storage: Oxygen, Nitrous, Liquid Nitrogenb. Sterilization area and clean storage adjacent to procedure rooms room for 2

autoclavesc. Emergency pull cordsd. Wall suction - similar to dental suction

12. Restroomsa. 1 men's, 1 women's (access in waiting room each with emergency pull cord, one sink

and one toilet)

b. 3 unisex patient rest rooms in patient care areas, each with one toilet, a pass throughto counters (located in hallways), a sink to perform waive testing, and an emergencypull cord

c. 1 men's, 1 women's staff restrooms (men's with 2 toilets and 1 urinal, 3 sinks;women's 3 toilets 3 sinks)

13. Break room with kitchen (refrigerator, stove, 2 microwaves, sink, dishwasher, storage, tables,personal locker storage, vending machine, coffee maker, and access to conference room withcounter

14. MA consultation office with room for counter, two chairs, and stool15. Phlebotomy suite

a. Refrigeratorb. 2 Chairs: 1 recliner type, 1 blood draw stationc. Counter space for blood draw work/centrifuged. Counter space for paper workd. Sinke. Emergency pull cord

16. Bio Hazard closet (locked)17. Vaccine storage (room for 1 glass front double wide refrigerator - 52"W x 79"H x 32" D and

1 refrigerator/freezer 24"W x 68"H x 24"D, both wired to security system)18. Custodial closet with sink/drain19. Drinking fountains (1 in patient waiting area and 1 in administration/break room area)20. IS/telephone system 21. Parking for staff and patients22. Store front upgrade23. Security system connected to vaccine storage and front reception panic button24. Hallway work stations in exam room areas with computer space and storage25. Storage along east wall26. Linen closet, lab coat storage27. Door to close off area between exam rooms 6 and 7

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REMODEL CONCEPT PLAN

ATTACHMENT A

PROPOSAL RESPONSE FORM

In order to receive consideration, submitted proposals must contain responses to all questions. Failure to respond to all questions may result in disqualification of the proposal.

COMPANY NAME & ADDRESS: ____________________________________________________________________________________________________________________________________________________________________________________________________________

Is this an Office:__________, Home:__________, Shop:___________, Other:____________Telephone Number: (____) _______________, Emergency Number: (____) ______________.Answering Machine: (____) _______________, Fax Number: (____) __________________ .Email Address:

COMPANY OWNER: ___________________________________________________________COMPANY PRESIDENT: _______________________________________________________CONTACT PERSON: ______________________________________ Phone:______________

Type of Company (Partnership, Corporation, Venture etc.):___________________________________________________________________________________________________________If a Corporation, in what State Incorporated: _________________________________________Business License Number: ________________________________________________________Federal Tax Identification Number:_________________________________________________How long has this company been in business: _____________Years, and ___________ Months.

Officers authorized to execute contracts: _________________________________________________________________________________________________________________________________________________________________________________________________________What would happen to your company in the event of the owner’s absence or death? ______________________________________________________________________________

Brief History of the Company: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Are there any judgements, suits or claims pending YES NOagainst your company? If Yes, attach a written explanation. G G

Has your company operated under any other name (s)? YES NOIf Yes, attach a written explanation. G G

PROPOSAL RESPONSE FORM: Page 2

FINANCIAL REFERENCES (these may be checked)1. Bank Name & Address ____________________________________________________________________________________________________________________________________________________________________________________________________________________Manager ____________________________________________ Phone ____________________

2. Bank Name & Address ____________________________________________________________________________________________________________________________________________________________________________________________________________________Manager ____________________________________________ Phone ____________________

3. Other __________________________________________________________________________________________________________________________________________________________________________________________________________________________________Manager ____________________________________________ Phone ____________________

PROJECT REFERENCES1. Name: ___________________________, Contact: __________________________________Address: ______________________________________________, Phone: _____________________________________________________________________________________________________________________________________________________________________________2. Name: ___________________________, Contact: __________________________________Address: ______________________________________________, Phone: _____________________________________________________________________________________________________________________________________________________________________________3. Name: ___________________________, Contact: __________________________________Address: ______________________________________________, Phone: _____________________________________________________________________________________________________________________________________________________________________________4. Name: ___________________________, Contact: __________________________________Address: ______________________________________________, Phone: _____________________________________________________________________________________________________________________________________________________________________________5. Name: ___________________________, Contact: __________________________________Address: ______________________________________________, Phone: _____________________________________________________________________________________________________________________________________________________________________________

SCOPE OF PROFESSIONAL WORK PERFORMED__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ATTACHMENT B

CERTIFICATE OF NON-COLLUSION

STATE OF UTAH ) Invitation to Bid)SS for

COUNTY OF UTAH ) Professional Architectural Services

AFFIDAVIT

The undersigned of lawful age, being first duly sworn, disposes and says:That as a condition precedent to the award of the Utah Countyproject as above captioned, I___________________________________

(owner, partner, officer or delegate)

of____________________________________________________________do(firm)

solemnly swear that neither I, nor to the best of my knowledge any member or members of myfirm or company have either directly or indirectly restrained free and competitive bidding on thisproject by entering into any agreement, participating in any collusion, or otherwise taking anyaction unauthorized by Utah County, with regard to this bid or potential contract resultingtherefrom.

***********************

_______________________________Contractor Signature

By: _______________________________

Title: ______________________________

***********************

Subscribed/sworn to before me this ____ day of __________ 2007 A.D.My Commission Expires ________________Residing at __________________________

__________________________ Seal__________________________

By:___________________________________ Notary Public

ATTACHMENT C

PRICE PROPOSAL FORM

REQUEST FOR PROPOSALSPROFESSIONAL ARCHITECTURAL SERVICES

_______________________________________ _______________________________Company Name Date

_______________________________________ _______________________________Contact Person

_______________________________________

_______________________________________

_______________________________________Address and Phone Number

Gentlemen of the Utah County Commission:

I hereby certify that I have read, understand, and agree to all sections and attachments ofthe Request for Proposals for Professional Architectural Services. I further certify thatthe information submitted by me/my company in response to the Request for Proposals,including the information in the Proposal Response Form, is true and accurate.

I understand that Utah County has the right to reject any or all proposals, to waive minorirregularities when to do so would be in the best interests of Utah County, and tonegotiate a price for the proposed services as determined to be in the best interest of UtahCounty.

I hereby propose to provide the Professional Architectural Services described in theRequest for Proposals

for a professional fee of ___________________________________________________

_______________________________________________________________________

__________________________________Signature__________________________________Title

NOTE: This price proposal will not be used as a criteria for selection, but will be used as a starting point to negotiatea final contract with the selected Architect .

ATTACHMENT D

Agreement No. 2007-____

SAMPLE AGREEMENT FOR ARCHITECTURAL SERVICES

RECITALS

This Agreement is made and entered into on this ___ day of _______, 2007, by and between UTAH

COUNTY, a body corporate and politic of the State of Utah, hereinafter referred to as “COUNTY,” and

_____________ of _______________, Federal Tax I.D. Number __________, hereinafter referred to as

“ARCHITECT”.

WHEREAS, it is the intent of COUNTY to obtain the services of ARCHITECT to prepare designs,

drawings, and specifications for and assist in the construction of COUNTY’S new Mosquito Abatement Facility

to be located in Spanish Fork, and to prepare designs, drawings, and specifications for and assist in the

construction of a remodel of COUNTY’S Health Services Building located in Provo, Utah,, hereinafter

collectively referred to as the “PROJECT”; and

WHEREAS, ARCHITECT is willing to perform the desired services.

NOW, THEREFORE, COUNTY and ARCHITECT, for the consideration hereinafter named, the

sufficiency of which is hereby acknowledged, agree as follows:

PART I.

PROJECT

1. ARCHITECT agrees to perform the professional services as detailed in Part III of this agreement.

2. In exchange for the services referred to in Part I.1., COUNTY agrees to pay ARCHITECT a maximum of

$__________ as described in “Exhibit A”which is attached hereto and incorporated herein by this reference,

said sum subject to being increased or decreased as provided in this agreement. If the PROJECT is canceled

or not completed, in whole or in part, ARCHITECT shall be paid the fee for professional services provided

on the canceled or uncompleted portion of the PROJECT in accordance with Part V, through and including

the phase completed, plus such additional sums as set forth hereafter in this paragraph. Payment for a phase

partially completed prior to cancellation or termination shall be compensated to ARCHITECT at the rates

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stated in “Exhibit B”which is attached hereto and incorporated herein by this reference. In no event will the

payment made for partial phase completion exceed the agreed upon fee for completion of a phase.

ARCHITECT will proceed with phases 4, 5 and 6 only upon COUNTY’S written request to proceed.

PART II.

DUTIES OF COUNTY

The duties of COUNTY shall be as follows:

1. To schedule and arrange a partnering meeting involving ARCHITECT, and all contractors, sub-contractors,

city representatives, COUNTY staff, and other parties involved in the PROJECT.

2. To give prompt consideration to all sketches, estimates, working drawings, specifications, proposals and

other documents presented by ARCHITECT and to inform ARCHITECT of decisions, in writing, within a

reasonable time.

3. To, in accordance with COUNTY procurement rules and regulations, advertise for bids for construction of

the PROJECT and to open bids at the appointed time and place, paying all costs incidental thereto.

PART III.

DUTIES OF ARCHITECT

The services of ARCHITECT shall be performed accurately and timely, and any necessary changes due to

inaccuracy or error by ARCHITECT shall be the responsibility of ARCHITECT. ARCHITECT agrees to

perform all necessary professional services of the PROJECT as hereinafter set forth:

ARTICLE I.

PROJECT

1. The purpose of this contract is for ARCHITECT to prepare designs, drawings, and specifications for the

PROJECT and to assist in the construction of the PROJECT as provided in this Agreement.

ARTICLE II.

ARCHITECT’S SERVICES

1. Schematic Design Phase. ARCHITECT shall complete the following for the Schematic Design Phase:

A. Consult with COUNTY and building tenant representatives to determine space requirements, design

parameters, the use of energy-efficient and minimum-maintenance materials and equipment , utilize

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innovative and economical design solutions, design the PROJECT to promote compatibility with the

existing buildings in the area, consider site utilization for the area in all plans for the site, other related

needs, all requirements for the PROJECT necessary to meet the requirements of the respective city’s

zoning and other standards for the project, all requirements of the PROJECT and the proposed site

including but not limited to compliance with all applicable state, local and federal laws, rules, ordinances

and regulations, alternative approaches to design and construct the PROJECT, complete all programming

for the PROJECT, and acknowledge such requirements and programming in writing to COUNTY for

written approval of COUNTY.

B. Pursuant to the written approval contemplated in Part III, Article II.1.A., prepare schematic design

drawings and site studies leading to a recommended solution of said requirements and programming,

together with a general description of the PROJECT, and a preliminary estimate of construction costs for

written approval by COUNTY.

C. With the assistance of COUNTY, prepare and file all required documents to obtain necessary approvals

of all governmental authorities having jurisdiction over the PROJECT.

2. Design Development Phase. ARCHITECT shall complete the following for the Design Development Phase:

A. Prepare design development documents, including plans, elevations and other necessary drawings and

outline specifications, based upon the approved schematic design drawings, illustrating the size and

character of the entire PROJECT as to architectural, structural, mechanical, electrical systems, materials,

and such other elements as may be appropriate.

3. Construction Document Phase. ARCHITECT shall complete the following for the Construction Document

Phase:

A. Prepare, based upon the approved design development documents, working drawings and specifications,

setting forth in detail and prescribing the work to be done including but not limited to the materials,

workmanship, finishes and equipment required for the architectural, structural, mechanical, electrical and

site work. Also, prepare with the assistance of COUNTY the necessary bidding documents and general

and special conditions of the construction contract.

B. Prepare detailed statements of probable construction cost preparatory to the bidding process, said

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statement to be prepared at ARCHITECT’s expense by an independent construction cost estimating

consultant approved in advance by COUNTY. In providing opinions of probable construction cost,

COUNTY understands that neither ARCHITECT nor the independent cost consultant has control over

the price of labor, equipment or materials, or over the Contractor’s method of pricing, and that the

opinions of probable construction costs provided under this agreement are to be made on the basis of

ARCHITECT’s and the consultant’s qualifications and experience. ARCHITECT makes no warranty,

expressed or implied, as to the accuracy of such opinions as compared to bids or actual costs.

4. Award or Abandonment of Construction Contract Phase:

ARCHITECT, following COUNTY’S approval of the Construction Documents and the statement of

probable construction costs, shall provide COUNTY with _____ (___) sets of Construction Documents for

distribution to potential bidders, and shall assist COUNTY in conducting pre-bid conferences, appraising the

bidders’ proposals, and preparing the contracts for construction.

5. Construction Phase:

ARCHITECT shall assist COUNTY in administering the construction contract so that the completed work

will comply with the contract documents. Neither ARCHITECT nor COUNTY assumes responsibility for

construction means, methods, techniques, sequences or procedures, or for safety procedures, precautions and

programs employed by the contractor, subcontractor, their employees, or any material suppliers.

ARCHITECT does not guarantee the contractor’s performance or commitments to COUNTY.

ARCHITECT’s duties during construction shall include the following:

A. ARCHITECT shall at all reasonable times be available to make such interpretations of the contract

documents as are necessary to facilitate completion of the PROJECT.

B. ARCHITECT shall make sufficient periodic visits to the site to familiarize himself with the progress and

quality of the work to determine if the work is proceeding in accordance with the contract documents.

On the basis of his on-site observations he shall endeavor to guard COUNTY against, and notify County

in writing of , defects and deficiencies in the work of the contractor.

C. To furnish to COUNTY, at intervals agreed to in advance, written reports relative to the progress of the

work observed during his periodic visits to the site in a form acceptable to COUNTY.

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D. To appraise and approve certificates of payment and maintain necessary records pertaining thereto for

work performed.

E. To review all contractor specified submittals and shop drawings for compliance with design concepts.

F. To review and make recommendations on all proposals for substitutions.

G. To prepare and recommend change orders for COUNTY’s approval during the course of construction.

H. To confirm date of substantial completion, review written guarantees and maintenance manuals required

of the contractors for completeness, and issue the Certificate of Substantial Completion and Final

Certificate of Payment and prepare final record drawings for the PROJECT based on contractor’s red

lined drawings. ARCHITECT shall be entitled to rely upon Contractor’s red-lined drawings and has no

affirmative duty to verify the reliability, accuracy or completeness of said red-lined drawings.

I. It is understood and agreed that ARCHITECT’s services under this contract shall in no way abrogate the

control of construction which COUNTY and its representatives have by reason of ownership, and shall

not create for ARCHITECT any independent duties, liabilities, agreements, or rights to or with the

contractor, subcontractor, their employees, or any third persons.

6. Furniture Fixtures and Equipment:

ARCHITECT shall assist COUNTY with selection and procurement of Furniture, Fixtures, and

Equipment (FF&E).

ARTICLE III.

OTHER DUTIES AND RIGHTS

1. All work shall be performed in full compliance with applicable local, state, and federal ordinances, laws,

statutes, policies, rules and regulations; except that with respect to the Americans with Disabilities Act,

ARCHITECT’s responsibility shall be solely to comply with applicable design codes enacted for the purpose

of achieving compliance with such act.

2. ARCHITECT shall defend, indemnify, save and hold harmless COUNTY, its officers, employees, and

agents, from and against any and all claims, demands, causes of action, orders, decrees, judgements, losses,

damages, and liabilities (including all costs and attorney’s fees incurred in defending any claim, demand, or

cause of action) occasioned by, growing out of, or arising or resulting from (a) ARCHITECT’s, its

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subcontractors, agents or employees wrongful or negligent performance of this agreement or their provision

of any services required herein to be performed by ARCHITECT or its subcontractors, agents or employees,

and (b) any wrongful or negligent act or omission of ARCHITECT, or its subcontractors, agents or

employees. ARCHITECT shall assume sole liability for any injuries or damages caused to a third party as a

result of ARCHITECT’s, its subcontractors, agents or employees wrongful or negligent fulfillment of this

agreement.

3. COUNTY or its authorized representatives shall have the right to enter the premises of ARCHITECT, or

such other places where services under this Agreement are being performed, to inspect, audit, monitor or

otherwise evaluate the services being provided and the financial records pertaining to this Agreement.

ARCHITECT must provide reasonable access to all facilities and assistance to COUNTY or its authorized

representatives.

4. All notices, demands and other communications required or permitted to be given hereunder shall be in

writing and shall be deemed to have been properly given if delivered by hand or by certified mail, return

receipt requested, postage paid, to the parties at their respective places of business, or at such other addresses

as may be designated by notice given hereunder.

5. The Architect shall be responsible to provide all of Architect’s legal support for the project including but not

limited to the preparation of contracts with subcontractors. All contracts shall be interpreted pursuant to the

laws of the State of Utah.

ARTICLE IV.

REGISTERED CONSULTANTS

ARCHITECT agrees not to use sales or agent engineers as consultants for mechanical, electrical or structural

design, but shall use registered consultants as approved by COUNTY. Said consultants are not to benefit

financially either directly or indirectly from the sales or use of any product used on or in the PROJECT.

ARTICLE V.

DEDUCTIONS

No deductions shall be made from ARCHITECT’s fee on account of penalty, liquidated damages or other sums

withheld from payment to contractor.

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ARTICLE VI.

ADDITIONAL SERVICES BY ARCHITECT

1. If any of the following services not covered in Article II or Article III are authorized in advance, in writing,

by formal action of COUNTY, they shall be paid for by COUNTY on a fee basis agreed upon prior to

approval.

A. Providing at the written request of COUNTY special financial feasibility studies, special programming or

other studies or services beyond the scope of this contract.

B. Revision of previously approved drawings where such revisions are made necessary by significant

program changes or changes in the scope of the work ordered. Revisions relating to final checking of

plans or related to reviews for approval or schematic or preliminary approvals shall not be considered as

additional services.

C. Providing architectural services relating to repairs or replacement due to damage by fire or other cause

beyond the control of ARCHITECT during construction.

D. Providing services after final acceptance, except where such services relate to possible latent deficiencies

or errors in the plans or specifications or ARCHITECT’s performance.

E. Special consulting services and corresponding additional costs, other than normal structural, mechanical

and electrical engineering service. This provision shall not be construed to preclude ARCHITECT from

utilizing the services of other architects, as he deems advisable, at his own expense.

F. Providing professional services made necessary by default of a contractor or for major defects in the

work of a contractor when ARCHITECT was not negligent.

G. Providing extensive assistance in the utilization of any equipment or systems or in training operating

personnel or in consultation during operation.

ARTICLE VII.

BACK CHARGES

ARCHITECT shall be responsible for all additional charges and costs resulting from errors, omissions, or defects

due to ARCHITECT’s negligence, omission or failure to properly perform to the extent that such charges and

costs exceed 2% of the construction contract value, or that result in a non-value added cost to COUNTY.

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PART IV.

TIME FOR COMPLETION

1. ARCHITECT agrees to complete and deliver to COUNTY or its designees the Facility Construction Master

Plan documents within 30 calendar days after the date of execution of this Agreement, the remaining

Schematic Design Phase studies within ____ calendar days after the date of execution of this Agreement, and

the Design Development Phase documents within ____ calendar days after the date of execution of this

Agreement. ARCHITECT further agrees to complete and deliver all working drawings and specifications

provided for in the Construction Document Phase within ______ calendar days after the date of execution of

this Agreement. Extensions of “time for completion” shall also be allowed for any delays in the progress of

work caused by any act or negligence of COUNTY or its employees or by other contractors employed by

COUNTY, or delay due to an act of government, or by any delay in the furnishing of plans necessary for

information by COUNTY, or by any other cause which in the opinion of COUNTY entitles ARCHITECT to

an extension of time.

2. The number of complete contract documents which ARCHITECT shall furnish for bidding and construction

purposes shall not exceed ___ sets. For any additional sets ARCHITECT shall be compensated at cost.

PART V.

PAYMENT FOR SERVICES

1. The fee to be paid by COUNTY to ARCHITECT for ARCHITECT’S performance of the professional

services detailed above shall be computed and become due and payable in accordance with the following

percentage schedule as work is completed. ARCHITECT will not be paid for phases not completed except as

provided in Part I.2.:

Phase No. 1 – Schematic Design Phase 15%

Phase No. 2 - Design Development Phase 20%

Phase No. 3 - Construction Document Phase 40%

Phase No. 4 - Award or Abandonment of Construction Contract Phase 5%

(Subject to the conditions set forth under Part V.3)

Phase No. 5 - Construction Phase including FF&E 15%

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Phase No. 6 - Completion of PROJECT and Delivery of a Reproducible

Set of Record Drawings 5%

2. During the Phase 3, ARCHITECT may be paid monthly payments not to exceed the portion of the fee owing

to ARCHITECT on the completion of Phase 3 upon the presentation to COUNTY of itemized billings

showing the work performed at the rates listed in Exhibit B, which is incorporated herein by this reference.

3. If the lowest bona fide bidder or the statement of probable construction cost exceeds COUNTY’s established

budget for construction cost, COUNTY may (1) increase its budget; (2) authorize bidding or rebidding the

PROJECT within a reasonable time; (3) revise the PROJECT scope and quality to reduce the probable

construction cost, or (4) cancel the PROJECT and pay ARCHITECT as provided in Part V.4. The providing

of this service shall be the limit of ARCHITECT’s responsibility in this regard, and having done so,

ARCHITECT shall be entitled to five percent (5%) of his fee for performing Phase 4 of this agreement.

4. In the event COUNTY does not elect to proceed with the construction of the proposed PROJECT after

receipt of bids, ARCHITECT shall receive five percent (5%) of the defined fee as payment for Phase 4,

which payment shall constitute payment in full to ARCHITECT and ARCHITECT shall thereupon deliver to

COUNTY all documents, specifications and tracings as required under Part III.

5. After construction has commenced, ARCHITECT shall receive the Phase 5 fee in regular installments based

upon the percentage of work completed. The Phase 5 fee is established as payment for services described in

Part III, Article II, 5 and 6, and is subject to cancellation by COUNTY if such services are not regularly,

systematically and thoroughly performed.

6. Upon completion of all required work or a specified portion thereof, the Architect shall submit to Utah

County an invoice for payment.

7. Following receipt of Architect’s invoice and upon certification by Utah County that the specified work has

been completed, the Architect shall be paid by Utah County within thirty (30) days of said certification.

8. Partial or progress payments, if any such are made, shall not relieve Architect of performance or obligations

under this Agreement, nor shall such payments be viewed as approval or acceptance of work performed.

9. Payments may be withheld from the Architect by Utah County in order to protect Utah County from loss due

to:

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a. Defective work not remedied.

b. Liens or claims filed or reasonable evidence of probable filing.

c. The Architect’s failure to promptly pay subcontractors or suppliers for services, labor and/or materials

accepted by the Architect.

d. Damage to another contractor.

e. Failure to perform.

PART VI.

PAYMENT FOR WORK SUSPENDED

COUNTY reserves the right to suspend the work covered by this contract at any time. If the work is suspended,

in part or in whole, payment to ARCHITECT will be based on the work completed at the time the work is

suspended pursuant to Part I.2. If said suspension exceeds 120 days, ARCHITECT may terminate this contract

for cause, in which event it shall be entitled to receipt of payment for all services rendered through the date of

suspension pursuant to Part I.2.

PART VII.

OWNERSHIP OF DOCUMENTS

Drawings and specifications delivered to COUNTY pursuant to this agreement shall be property of COUNTY,

whether the work for which they are made is performed. COUNTY shall not use said drawings and

specifications on other projects nor shall it modify said drawings and specifications for this PROJECT without

the prior express written consent of ARCHITECT. Notwithstanding the forgoing, COUNTY may use the

drawings in whole or in part to complete the PROJECT or obtain necessary permits and approvals for the

PROJECT. COUNTY shall further hold harmless, and indemnify ARCHITECT from and against any and all

claims of any nature whatsoever arising out of or related to any nonpermissive use or modification of the

drawings and specifications. Complete and current as-built information shall be maintained by Contractor

throughout the execution of the PROJECT so that upon completion of the PROJECT the original drawings will

be up-to-date. Record drawings on Mylar and AutoCAD r. 14 digital versions of all record drawings shall be

delivered to and approved by COUNTY before final payment is made to ARCHITECT. All drawings shall be of

the dimensions agreed to in advance by both parties. ARCHITECT further agrees to deliver with the drawings,

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copies of the PROJECT design bases, assumptions and data used for all work.

PART VIII.

INSURANCE

A. ARCHITECT shall carry insurance against loss or damage to drawings, specifications and other valuable

documents associated with the PROJECT during their course of preparation and use until completion of the

PROJECT, a certificate of which will be delivered to COUNTY prior to commencing work on the PROJECT.

B. The ARCHITECT agrees to carry Commercial General and Professional Liability insurance coverage equal

to or greater than $2,000,000 per occurrence, and $250,000 for real and personal property damage per

occurrence, or as modified by the risk manager pursuant to state statute during the term of this Agreement. This

coverage shall provide liability insurance to cover the activities of ARCHITECT including ARCHITECT’s

agents, employees and subcontractors, and for all equipment and vehicles, public or private, used in the

performance of this contract. This insurance shall name 'Utah County, 100 East Center, Provo, Utah 84606'

as an additional insured. The ARCHITECT shall furnish, with the proposal submission, the Certificates of

Insurance to Utah County evidencing that the ARCHITECT has the insurance required by Part VIII A and B in

place.

C. Prior to commencing work, ARCHITECT shall furnish a Certificate of Insurance to COUNTY evidencing

that ARCHITECT has Workers Compensation Insurance for ARCHITECT, all subcontractors and employees of

ARCHITECT.

PART IX.

COUNTY REPRESENTATIVE

COUNTY agrees to designate an employee representative as project manager to assist in the administrative

management of the PROJECT to insure that all contractors’ bonds, bid evaluations, payments, certificates, etc.,

and the entire scope of work is completed and to assist ARCHITECT in obtaining information from various

COUNTY departments, if necessary, and if requested by ARCHITECT. Additionally, said COUNTY

representative shall assist ARCHITECT in coordinating, monitoring, and evaluating the PROJECT to its

completion and to certify that the PROJECT has been properly completed in accordance with the plans and

specifications. It is understood and agreed by the parties that COUNTY shall have no control over the means,

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methods, techniques, or procedures employed by ARCHITECT, it being clearly understood that COUNTY is

interested only in the results obtained under this contract with the manner and means of obtaining those results

being under the sole control of ARCHITECT.

PART X.

INDEPENDENT CONTRACTOR

A. ARCHITECT states and affirms that he is acting as an independent contractor, holding himself out to the

general public as an independent contractor for other work or contracts as he sees fit; that he advertises his

services as he sees fit to the general public, maintains his office or place of employment separate from

COUNTY, and that this AGREEMENT is not exclusive of other agreements, contracts or opportunities.

B. The parties intend that an independent contractor relationship will be created by this AGREEMENT.

COUNTY is interested only in the results to be achieved, and the conduct and control of the work will lie solely

with ARCHITECT. ARCHITECT is not to be considered an agent or employee of COUNTY for any purpose,

and the employees of ARCHITECT are not entitled to any of the benefits that COUNTY provides for County's

employees. It is understood that COUNTY does not agree to use ARCHITECT exclusively. It is further

understood that ARCHITECT is free to contract for similar services to be performed for others while working

under the provisions of this AGREEMENT with COUNTY.

C. Both parties agree that ARCHITECT shall be deemed an independent contractor in the performance of this

AGREEMENT, and shall comply with all laws regarding unemployment insurance, disability insurance, and

workers’ compensation. As such, ARCHITECT shall have no authorization, express or implied, to bind

COUNTY to any agreement, settlement, liability, or understanding whatsoever, and agrees not to perform any

acts as agent for COUNTY. The compensation provided for herein shall be the total compensation payable

hereunder by COUNTY.

PART XI.

NO OFFICER OR EMPLOYEE INTEREST

It is understood and agreed that no officer or employee of COUNTY has nor shall have any pecuniary interest,

direct or indirect in this agreement or the proceeds thereof. No officer or employee of ARCHITECT or any

member of their families shall serve on a COUNTY board or committee or hold any such position which either

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by rule, practice, or action nominates, recommends or supervises ARCHITECT’s operations, or authorizes

funding or payments to ARCHITECT.

PART XII.

SUCCESSORS AND ASSIGNMENT

This Agreement shall be binding upon the heirs, successors, administrators, and assigns of each of the parties

thereto. Neither ARCHITECT nor COUNTY shall assign, sublet or transfer its interest in this agreement without

the written consent of the other. No such assignment, sublet or transfer shall relieve the original parties from any

liability hereunder.

PART XIII.

NON-DISCRIMINATION

Pursuant to the laws of the State of Utah, ARCHITECT agrees that he shall not, because of race, color, sex,

age, handicap, religion, ancestry, or national origin, discriminate in the engagement or employment of any person

qualified to perform the services required under this Agreement.

PART XIV.

ACCEPTANCE OF FINAL PAYMENT

1. When COUNTY finds the work acceptable under the contract and the contract is fully performed, the entire

remaining balance shall be paid to ARCHITECT.

2. The making and acceptance of final payment shall constitute a waiver of all claims by COUNTY, other than

those arising from latent defects, unsettled liens, or from faulty work performed by ARCHITECT appearing

within a reasonable time considering the nature of the work undertaken. It shall also constitute a waiver of

all claims by ARCHITECT.

3. If after the work has been substantially completed, full completion thereof is materially delayed through no

fault of ARCHITECT, and COUNTY so certifies, COUNTY shall make full payment of the balance due for

that portion of the work fully completed and accepted. Such payment shall be made under the terms and

conditions governing final payment, except that it shall not constitute a waiver of claims.

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PART XV.

DEFAULT

If either party defaults in the performance of this agreement, or any of its covenants, terms, conditions, or

provisions, the defaulting party shall pay all costs and expenses, including a reasonable attorney’s fee, which

may arise or accrue from enforcing this agreement, or from pursing any remedy provided hereunder or otherwise

provided by law.

PART XVI.

CHOICE OF LAW, SEVERABILITY, GENDER, INTERPRETATION, GENERAL PROVISIONS

1. It is understood and agreed by the parties hereto that this Agreement shall be interpreted pursuant to and shall

be governed by the laws of the State of Utah.

2. The invalidity of any portion of this Agreement shall not prevent the remainder from being carried into

effect. Whenever the context of any provision shall require it, the singular number shall be held to include

the plural number, and vice versa, and the use of any gender shall include all genders. The paragraph and

section headings in this Agreement are for convenience only and do not constitute a part of the provisions

hereof.

3. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing

the same shall not apply a presumption that the terms hereof shall be more strictly construed against the

party, by reason of the rule of construction that a document is to be construed more strictly against the person

who himself or through his agents prepared the same, it being acknowledged that all parties have participated

in the preparation hereof.

4. No oral modifications or amendments to this Agreement shall be effective, but such may be modified or

amended by a written agreement signed by the parties.

PART XVII.

ALTERATION OF SPECIFICATIONS OR CHARACTER OF WORK

The County Commission, after recommendation by the County Public Works Director, reserves the right to

make, at any time during the progress of the work, such increases or decreases in quantities and such

alterations in the details of the work, and the elimination of one or more items as may be found necessary or

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desirable and to adjust the contract price accordingly. Such alterations shall not be considered as a waiver of

nor release of any surety. The Architect agrees to accept the work as altered the same as if it had been a part

of the original contract. The Architect shall proceed with the work alterations when ordered in writing.

Financial increases to this contract must be approved by the County Commission before additional work is

authorized.

PART XVIII.

AUTHORITY OF THE COMMISSION AND THE PUBLIC WORKS DIRECTOR

A. The County Commission or the County Public Works Director will decide all questions which may arise

as to the quality, quantity and acceptability of materials furnished and work performed and as to the rate

of progress of work. They/He will also decide all questions which may arise as to the acceptable

fulfillment of the contract on the part of the Architect.

B. The County Commission or the County Public Works Director will have the authority by written order to

suspend work wholly or in part due to the failure of the Architect to carry out provisions of the contract,

for failure to carry out orders, for conditions considered unsuitable for the progress of the work, or for

any other condition or reason deemed to be in the public interest. Written orders shall state the reason

for suspension.

PART XIX.

EXTRA WORK

A. Extra work, shall be undertaken only when previously authorized in writing by Utah County, and is

defined as additional work which is neither shown nor defined on the plans or specifications, but

determined by Utah County to be necessary to the project. Extra work is also defined as that additional

effort necessary by reason of changed conditions. But the changed condition must be radical,

unforeseen, and completely beyond the control of the Architect.

B. Miscellaneous items normally associated with the major work items shown, but which may not be

specifically shown, shall be furnished by the Architect as if they had been shown, without additional cost

to Utah County. After prior authorization of the County Commission in writing, payment for authorized

extra work will be made as provided in Article VI.

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PART XX.

WARRANTY

The Architect warrants to Utah County that all materials furnished under this Agreement will be new unless

otherwise specified, and that all materials and work will be of good quality, free from faults and defects and

in conformance with this contract. All materials and work not conforming to these requirements, including

substitutions not properly approved and authorized, may be considered defective. If required by Utah

County, the Architect shall furnish satisfactory evidence as to the kind and quality of materials and

equipment.

PART XXI.

TERMINATION

A. This Agreement may be terminated for any reason by Utah County upon thirty (30) days written notice

to the Architect, without prejudice to any other right or remedy Utah County may have.

B. Failure of the Architect to adhere to any of the requirements of this Agreement shall be cause for

termination.

C. This Agreement may be terminated for any reason by the Architect upon ninety (90) days written notice

to Utah County.

PART XXII.

ENTIRE AGREEMENT

This agreement contains the entire agreement between the parties, and no statements, promises or inducements

made by either party or agents for either party that are not contained in this written contract shall be binding or

valid; and this agreement may not be enlarged, modified, or altered, except in writing signed by the parties.

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IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed on the date set forth

above.

BOARD OF COUNTY COMMISSIONERSUTAH COUNTY, UTAH

____________________________________STEVE WHITE, Chairman

ATTEST:BRYAN E. THOMPSONCounty Auditor/Clerk

By: ________________________________Deputy

APPROVED AS TO FORM:JEFFREY R. BUHMANUtah County Attorney

By: ________________________________Deputy County Attorney

ARCHITECT:

By:_____________________________________

Its:_____________________________________

REQUEST FOR PROPOSALS: PROFESSIONAL … for Proposals: Professional Architectural Services 4 A....

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