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Project Name: FORENSIC SERVICES FACILITY - STUDY
Page 1
Project No.: PD2301.101
Rev. 11/10/22
PROFESSIONAL SERVICES AGREEMENT
Consultant Services
FORENSIC SERVICES FACILITY - STUDY
Project No. PD2301.101
Council Date: February 23, 2023
Item No.
This Agreement (“Agreement”) is made and entered into on the ______ day of_________________, 2022
(“Effective Date”), by and between City of Chandler, an Arizona municipal corporation, ("City''),
and SmithGroup, Inc., a Michigan corporation, ("Consultant") (City and Consultant may
individually be referred to as “Party” and collectively referred to as “Parties”).
RECITALS
A. City proposes to engage Consultant to provide Consultant Services for FORENSIC SERVICES
FACILITY - STUDY project as more fully described in Exhibit "A", which is attached to and made
a part of this Agreement by this reference.
B. Consultant is ready, willing, and able to provide the services described in Exhibit “A” for
the compensation and fees set forth and as described in Exhibit ”B”, which is attached to
and made a part of this Agreement by this reference.
C. City desires to enter into an Agreement with Consultant to provide these services under
the terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Consultant agree as follows:
SECTION I--CONSULTANT’S SERVICES
Consultant must perform the services described in Exhibit “A” to City’s satisfaction within the
terms and conditions of this Agreement and within the care and skill that a person who
provides similar services in Chandler, Arizona exercises under similar conditions. All work or
services furnished by Consultant under this Agreement must be performed in a skilled and
workmanlike manner. All fixtures, furnishings, and equipment furnished by Consultant as
part of the work or services under this Agreement must be new, or the latest model, and of
the most suitable grade and quality for the intended purpose of the work or service.
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SECTION II--PERIOD OF SERVICE
Consultant must perform the services described in Exhibit “A” for the term of this
Agreement. Unless amended in writing by the Parties, the Agreement term expires 154
calendar days after the Notice to Proceed (NTP) Date.
SECTION III--PAYMENT OF COMPENSATION AND FEES
Unless amended in writing by the Parties, Consultant’s compensation and fees as more fully
described in Exhibit “B” for performance of the services approved and accepted by City
under this Agreement must not exceed $281,835 for the full term of the Agreement.
Consultant may not increase any compensation or fees under this Agreement without the
City’s prior written consent. Consultant must submit monthly requests for payment of
services approved and accepted during the previous billing period and must include, as
applicable, detailed invoices and receipts, a narrative description of the tasks accomplished
during the billing period, a list of any deliverables submitted, and any subconsultant’s or
supplier’s actual requests for payment plus similar narrative and listing of their work.
Consultant must submit an Application and Certification for Payment Sheet with the monthly
request for payment to: CapitalProjects.Payables@chandleraz.gov. Payment for those
services negotiated as a lump sum will be made in accordance with the percentage of the
work completed during the preceding billing period. Services negotiated as a not-to-exceed
fee will be paid in accordance with the work effort expended on the service during the
preceding month. All requests for payment must be submitted to City for review and
approval. City will make payment for approved and accepted services within 30 calendar days
of City’s receipt of the request for payment. Consultant bears all responsibility and liability for
any and all tax obligations that result from Consultant’s performance under this Agreement.
SECTION IV--CITY'S OBLIGATIONS
As part of Consultant’s services under this Agreement, City will provide furnished items,
services, or obligations as detailed in Exhibit “D”.
SECTION V--GENERAL CONDITIONS
5.1 Notices. Unless otherwise provided herein, demands under this Agreement must be in
writing and will be deemed to have been duly given and received either (a) on the date of
service if personally served on the party to whom notice is to be given, or (b) on the third day
after the date of the postmark of deposit by first class United States mail, registered or
certified, postage prepaid and properly addressed as follows:
Project Name: FORENSIC SERVICES FACILITY - STUDY
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Project No.: PD2301.101
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To City:
City of Chandler - Public Works & Utilities Department
Attn: CIP City Engineer
P.O. Box 4008, Mail Stop 407
Chandler, AZ 85244-4008
Phone: 480-782-3349
Email: kimberly.moon@chandleraz.gov
With a copy to:
City of Chandler - Public Works & Utilities Department
Attn: Ivan Magana, Project Manager
P.O. Box 4008, Mail Stop 407, Chandler, AZ 85244-4008
Phone: 480-782-3362
Email: ivan.magana@chandleraz.gov
To Consultant:
LEGAL COMPANY NAME: SmithGroup, Inc.
Mailing Address:
455 North 3rd Street, Suite 250, Phoenix, AZ, 85004
Physical Address: 455 North 3rd Street, Suite 250, Phoenix, AZ, 85004
Statutory Agent Name: Corporate Creations Network Inc.
Statutory Agent Mailing
Address:
3260 N. Hayden Road #210, Scottsdale,
AZ, 85251
Statutory Agent Physical
Address:
3260 N. Hayden Road #210, Scottsdale,
AZ, 85251
CONSULTANT’S AUTHORIZED PROJECT REPRESENTATIVE
Name:
Stephanie Mitrovic
Title:
Vice President
Phone: 602-824-5381
Email:
Stephanie.mitrovic@smithgroup.com
5.2 Records/Audit. Records of Consultant’s direct personnel payroll, reimbursable expenses
pertaining to this Agreement and records of accounts between City and Consultant must be
kept on the basis of generally accepted accounting principles and must be made available to
City and its auditors for up to three years following City’s final acceptance of the services
under this Agreement (this requirement is increased to five years if construction of this
project is federally funded). City, its authorized representative, or any federal agency,
reserves the right to audit Consultant’s records to verify the accuracy and appropriateness of
all cost and pricing data, including data used to negotiate this Agreement and any
amendments. City reserves the right to decrease the total amount of Agreement price or
payments made under this Agreement or request reimbursement from Consultant following
final Agreement payment on this Agreement if, upon audit of Consultant’s records, the audit
discloses Consultant has provided false, misleading, or inaccurate cost and pricing data.
Consultant will include a similar provision in all of its Agreements with subconsultants who
provide services under the Agreement to ensure that City, its authorized representative, or
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the appropriate federal agency, has access to the subconsultants’ records to verify the
accuracy of all cost and pricing data. City reserves the right to decrease Agreement price or
payments made on this Agreement or request reimbursement from Consultant following
final payment on this Agreement if the above provision is not included in subconsultant
agreements, and one or more subconsultants refuse to allow City to audit their records to
verify the accuracy and appropriateness of all cost and pricing data. If, following an audit of
this Agreement, the audit discloses Consultant has provided false, misleading, or inaccurate
cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
Consultant will be liable for reimbursement of the reasonable, actual cost of the audit.
5.3 Alteration in Character of Work. Whenever an alteration in the character of work results
in a substantial change in this Agreement, thereby materially increasing or decreasing the
scope of services, cost of performance, or Project schedule, the work will be performed as
directed by City. However, before any modified work is started, a written amendment must
be approved and executed by City and Consultant. Such amendment must not be effective
until approved by City. Additions to, modifications, or deletions from this Agreement as
provided herein may be made, and the compensation to be paid to Consultant may
accordingly be adjusted by mutual agreement of the Parties. It is distinctly understood and
agreed that no claim for extra services or materials furnished by Consultant will be allowed
by City except as provided herein, nor must Consultant do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work
or materials furnished by Consultant without prior written authorization will be at
Consultant’s own risk, cost, and expense, and Consultant hereby agrees that without written
authorization Consultant will make no claim for compensation for such work or materials
furnished.
5.4 Termination. City and Consultant hereby agree to the full performance of the covenants
contained herein, except that City reserves the right, at its discretion and without cause, to
terminate or abandon any service provided for in this Agreement, or abandon any portion of
the Project for which services have been performed by Consultant. In the event City abandons
or suspends the services, or any part of the services as provided in this Agreement, City will
notify Consultant in writing and immediately after receiving such notice, Consultant must
discontinue advancing the work specified under this Agreement. Upon such termination,
abandonment, or suspension, Consultant must deliver to City all drawings, plans,
specifications, special provisions, estimates and other work entirely or partially completed,
together with all unused materials supplied by City. Consultant must appraise the work
Consultant has completed and submit Consultant’s appraisal to City for evaluation. City may
inspect Consultant’s work to appraise the work completed. Consultant will receive
compensation in full for services performed to the date of such termination. The fee will be
paid in accordance with Section Ill of this Agreement, and as mutually agreed upon by
Consultant and City. If there is no mutual agreement on payment, the final determination will
be made in accordance with the "Disputes" provision in this Agreement. However, in no event
may the fee exceed the fee set forth in Section Ill of this Agreement nor as amended in
accordance with Section "Alteration in Character of Work." City will make the final payment
within 60 days after Consultant has delivered the last of the partially completed items and
the Parties agree on the final fee. If City is found to have improperly terminated the
Agreement for cause or default, the termination will be converted to a termination for
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convenience in accordance with the provisions of this Agreement.
5.5 Indemnification. To the extent permitted by law, the Consultant ("lndemnitor") must
indemnify, save and hold harmless City and its officers, officials, agents and employees
("lndemnitee") from any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys' fees and costs of claim processing, investigation and
litigation) ("Claims") caused or alleged to be caused, in whole or in part, by the wrongful,
negligent or willful acts, or errors or omissions of Consultant or any of its owners, officers,
directors, agents, employees, or subconsultants in connection with this Agreement. This
indemnity includes any claim or amount arising out of or recovered under workers'
compensation law or on account of the failure of Consultant to conform to any federal, state
or local law, statute, ordinance, rule, regulation or court decree. Consultant must indemnify
lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent or willful acts or omissions. Consultant is responsible for primary
loss investigation, defense and judgment costs where this indemnification applies. In
consideration of the award of this Agreement, Consultant agrees to waive all rights of
subrogation against lndemnitee for losses arising from or related to this Agreement. The
obligations of Consultant under this provision survive the termination or expiration of this
Agreement.
5.6 Insurance Requirements. Consultant must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit “C” against claims that may
arise from or relate to performance of the work under this Agreement by Consultant and its
agents, representatives, employees, and subconsultants. Consultant and any subconsultant
must maintain this insurance until all of their obligations have been discharged, including any
warranty periods under this Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way limit the indemnity covenants contained in
this Agreement. City in no way warrants that the minimum limits stated in Exhibit “C” are
sufficient to protect Consultant from liabilities that might arise out of the performance of the
work under this Agreement by Consultant, Consultant’s agents, representatives, employees,
or subconsultants. Consultant is free to purchase such additional insurance as may be
determined necessary.
5.7 Cooperation and Further Documentation. Consultant agrees to provide City such other
duly executed documents as may be reasonably requested by City to implement the intent
of this Agreement.
5.8 Successors and Assigns. City and Consultant each bind itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants
of this Agreement. Neither City nor Consultant may assign, sublet, or transfer its interest in
this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and City.
5.9 Disputes. In any dispute arising out of an interpretation of this Agreement or the duties
required not disposed of by agreement between Consultant and City, the final determination
at the administrative level will be made by City Engineer.
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5.10 Completeness and Accuracy of Consultant’s Work. Consultant must be responsible for
the completeness and accuracy of Consultant’s services, data, and other work prepared or
compiled under Consultant’s obligation under this Agreement and must correct, at
Consultant’s expense, all willful or negligent errors, omissions, or acts that may be discovered.
Correction of errors disclosed and determined to exist during any construction of the project on
architectural or engineering drawings and specifications must be accomplished by Consultant.
The cost of the design necessary to correct those errors attributable to Consultant and any
damage incurred by City as a result of additional construction costs caused by such engineering
or architectural errors will be chargeable to Consultant and will not be considered a cost of the
Work. The fact that City has accepted or approved Consultant’s work will in no way relieve
Consultant of any of Consultant’s responsibilities.
5.11 Reporting. Written monthly reports, along with updated work schedules, will be made by
Consultant in the format prescribed by City. These reports will be delivered to City per schedule.
When requested by City, Consultant will attend Council meetings and provide finished documents
including correspondence for Council action, supporting charts, graphs, drawings and colored
slides of same.
5.12 Withholding Payment. City reserves the right to withhold funds from Consultant’s
payments up to the amount equal to the claims City may have against Consultant until such
time that a settlement on those claims has been reached.
5.13 City's Right of Cancellation. The Parties acknowledge that this Agreement is subject to
cancellation by City under the provisions of Section 38-511, Arizona Revised Statutes (A.R.S.).
5.14 Independent Consultant. For this Agreement Consultant constitutes an independent
contractor. Any provisions in this Agreement that may appear to give City the right to direct
Consultant as to the details of accomplishing the work or to exercise a measure of control
over the work means that Consultant must follow the wishes of City as to the results of the
work only. These results must comply with all applicable laws and ordinances.
5.15 Project Staffing. Prior to the start of any work under this Agreement, Consultant must
submit to City detailed resumes of key personnel that will be involved in performing services
prescribed in the Agreement. City hereby acknowledges its acceptance of such personnel to
perform services under this Agreement. At any time hereafter that Consultant desires to
change key personnel while performing under the Agreement, Consultant must submit the
qualifications of the new personnel to City for prior approval. Key personnel include, but are
not limited to, principals-in-charge, project manager, and project Consultant. Consultant will
maintain an adequate and competent staff of qualified persons, as may be determined by
City, throughout the performance of this Agreement to ensure acceptable and timely
completion of the Scope of Services. If City objects, with reasonable cause, to any of
Consultant’s staff, Consultant must take prompt corrective action acceptable to City and, if
required, remove such personnel from the Project and replace with new personnel agreed to
by City.
5.16 Consultants or Subconsultants. Prior to beginning the work, Consultant must furnish City
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for approval the names of consultants or subconsultants to be used under this Agreement.
Any subsequent changes are subject to City’s written prior approval.
5.17 Force Majeure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control
and without fault of the Party (financial inability excepted), performance of that act may be
excused, but only for the period of the delay, if the Party provides written notice to the other
Party within ten days of such act. The time for performance of the act may be extended for a
period equivalent to the period of delay from the date written notice is received by the other
Party.
5.18 Compliance with Federal Laws. Consultant understands and acknowledges the
applicability of the Americans with Disabilities Act, the Immigration Reform and Control Act
of 1986 and the Drug Free Workplace Act of 1989 to it. Consultant agrees to comply with these
laws in performing this Agreement and to permit City to verify such compliance.
5.19 No Israel Boycott. By entering into this Agreement, Consultant certifies that Consultant
is not currently engaged in, and agrees for the duration of the Agreement, not to engage in a
boycott of Israel as defined by state statute.
5.20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits City from awarding an Agreement
to any consultant who fails, or whose subconsultants fail, to comply with A.R.S. § 23-214(A).
Therefore, Consultant agrees Consultant and each subconsultant it uses warrants their
compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with § 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and including
termination of the Agreement. City retains the legal right to inspect the papers of any
Consultant’s or subconsultant’s employee who provides services under this Agreement to
ensure that Consultant and subconsultants comply with the warranty under this provision.
5.21 Lawful Presence Requirement. A.R.S. §§ 1-501 and 1-502 prohibit City from awarding an
Agreement to any natural person who cannot establish that such person is lawfully present
in the United States. To establish lawful presence, a person must produce qualifying
identification and sign a City-provided affidavit affirming that the identification provided is
genuine. This requirement will be imposed at the time of Agreement award. This requirement
does not apply to business organizations such as corporations, partnerships, or limited
liability companies.
5.22 Covenant Against Contingent Fees. Consultant 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 Chandler City Council, or any City employee has any interest, financially, or
otherwise, in Consultant’s firm. For breach or violation of this warrant, City may annul this
Agreement without liability or, at its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
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Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a waiver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and
every provision.
5.24 Disclosure of Information Adverse to City’s Interests. To evaluate and avoid potential
conflicts of interest, Consultant must provide written notice to City, as set forth in this Section,
of any work or services performed by Consultant for third parties that may involve or be
associated with any real property or personal property owned or leased by City. Such notice
must be given 7 business days prior to commencement of the services by Consultant for a
third party, or 7 business days prior to an adverse action as defined below. Written notice
and disclosure must be sent in accordance with Section 6.7 above. An adverse action under
this Agreement includes, but is not limited to: (a) using data as defined in the Agreement
acquired in connection with this Agreement to assist a third party in pursuing administrative
or judicial action against City; or (b) testifying or providing evidence on behalf of any person
in connection with an administrative or judicial action against City; or (c) using data to produce
income for Consultant or its employees independently of performing the services under this
Agreement, without the prior written consent of City. Consultant represents that except for
those persons, entities, and projects identified to City, the services performed by Consultant
under this Agreement are not expected to create an interest with any person, entity, or third
party project that is or may be adverse to City’s interests. Consultant’s failure to provide a
written notice and disclosure of the information as set forth in this Section constitute a
material breach of this Agreement.
5.25 Data Confidentiality and Data Security. As used in the Agreement, "data" means all
information, whether written or verbal, including plans, photographs, studies, investigations,
audits, analyses, samples, reports, calculations, internal memos, meeting minutes, data field
notes, work product, proposals, correspondence and any other similar documents or
information prepared by, obtained by, or transmitted to Consultant or its subconsultants in
the performance of this Agreement. The Parties agree that all data, regardless of form,
including originals, images, and reproductions, prepared by, obtained by, or transmitted to
Consultant or its subconsultants in connection with Consultant’s or its subconsultant’s
performance of this Agreement is confidential and proprietary information belonging to City.
Except as specifically provided in this Agreement, Consultant or its subconsultants must not
divulge data to any third party without City’s prior written consent. Consultant or its
subconsultants must not use the data for any purposes except to perform the services
required under this Agreement. These prohibitions do not apply to the following data
provided to Consultant or its subconsultants have first given the required notice to City: (a)
data which was known to Consultant or its subconsultants prior to its performance under this
Consultant or its subconsultants by a third party, who to the best of Consultant’s or its
subconsultants’ knowledge and belief, had the legal right to make such disclosure and
Consultant or its subconsultants are not otherwise required to hold such data in confidence;
or (c) data which is required to be disclosed by virtue of law, regulation, or court order, to
which Consultant or its subconsultants are subject. In the event Consultant or its
subconsultants are required or requested to disclose data to a third party, or any other
information to which Consultant or its subconsultants became privy as a result of any other
Agreement with City, Consultant must first notify City as set forth in this Section of the request
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or demand for the data. Consultant or its subconsultants must give City sufficient facts so
that City can be given an opportunity to first give its consent or take such action that City may
deem appropriate to protect such data or other information from disclosure. All data must
continue to be subject to the confidentiality agreements of this Agreement. Consultant or its
subconsultants assume all liability to maintain the confidentiality of the data in its possession
and agrees to compensate City if any of the provisions of this Section are violated by
Consultant, its employees, agents or subconsultants. Solely for the purposes of seeking
injunctive relief, it is agreed that a breach of this Section must be deemed to cause irreparable
harm that justifies injunctive relief in court. Consultant agrees that the requirements of this
Section must be incorporated into all subagreements entered into by Consultant. A violation
of this Section may result in immediate termination of this Agreement without notice.
5.26 Personal Identifying Information-Data Security. Personal identifying information,
financial account information, or restricted City information, whether electronic format or
hard copy, must be secured and protected at all times by Consultant or its subconsultants. At
a minimum, Consultant or its subconsultants must encrypt or password-protect electronic
files. This includes data saved to laptop computers, computerized devices, or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed. In the event that data collected or
obtained by Consultant or its subconsultants in connection with this Agreement is believed
to have been compromised, Consultant or its subconsultants must immediately notify City
contact. Consultant agrees to reimburse City for any costs incurred by City to investigate
potential breaches of this data and, where applicable, the cost of notifying individuals who
may be impacted by the breach. Consultant agrees that the requirements of this Section must
be incorporated into all subcontracts entered into by Consultant. It is further agreed that a
violation of this Section must be deemed to cause irreparable harm that justifies injunctive
relief in court. A violation of this Section may result in immediate termination of this
Agreement without notice. The obligations of Consultant or its subconsultants under this
Section must survive the termination of this Agreement.
5.27 Jurisdiction and Venue. This Agreement is made under and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof. Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts
located in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and
irrevocably consents to the jurisdiction and venue of such court.
5.28 Survival. All warranties, representations, and indemnifications by Consultant must
survive the completion or termination of this Agreement.
5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or
effective unless in writing and signed by the Parties.
5.30 Severability. If any provision of this Agreement or the application to any person or
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circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest
extent permitted by law.
5.31 Integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject
matter is merged and superseded.
5.32 Time is of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly made of the essence.
5.33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for City, the obligation
will be due and owing, and the time period will expire, on the first day after which is not a
Saturday, Sunday or legal City holiday. Except as may otherwise be set forth in this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.
5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any
rights or benefits in the Agreement to anyone other than City and Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and Consultant and not for the benefit of any other party.
5.35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there is a conflict in
interpretation between provisions in this Agreement and those in Exhibit "A", the provisions
in this Agreement prevail.
5.36 Document/Information Release. Documents and materials released to Consultant,
which are identified by City as sensitive and confidential, are City’s property. The
document/material must be issued by and returned to City upon completion of the services
under this Agreement. Consultant secondary distribution, disclosure, copying, or duplication
in any manner is prohibited without City’s prior written approval. The document/material
must be kept secure at all times. This directive applies to all City documents, whether in
photographic, printed, or electronic data format.
5.37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated
by reference:
Exhibit A - Scope of Services / Schedule
Exhibit B - Compensation and Fees
Exhibit C - Insurance Requirements
Exhibit D - Special Conditions
Exhibit E – Federal Requirements (if applicable)
5.38 Special Conditions. As part of the services Consultant provides under this Agreement,
Consultant agrees to comply with and fully perform the special terms and conditions set forth
in Exhibit “D”, which is attached to and made a part of this Agreement.
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5.39 Non-Discrimination and Anti-Harassment Laws. Consultant must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations.
5.40 Licenses and Permits. Beginning with the Effective Date and for the full term of this
Agreement, Consultant must maintain all applicable City, state, and federal licenses and
permits required to fully perform Consultant’s services under this Agreement.
5.41 Warranties. Consultant must furnish a one-year warranty on all work and services
performed under this Agreement. Consultant must furnish, or cause to be furnished, a two-
year warranty on all fixtures, furnishings, and equipment furnished by Consultant,
subconsultants or suppliers under this Agreement. Any defects in design, workmanship, or
materials that do not comply with this Agreement must be corrected by Consultant (including,
but not limited to, all parts and labor) at Consultant’s sole cost and expense. All written
warranties and redlines for as-built conditions must be delivered to City on or before City’s
final acceptance of Consultant’s services under this Agreement.
5.42 Cooperative Purchasing Agreement (S.A.V.E. – Strategic Alliance for Volume
Expenditures). In addition to City of Chandler and with the approval of Consultant, this
Agreement may be extended for use by other municipalities, school districts, and government
agencies of the State. Any such usage by other entities must be in accordance with the
ordinance, charter, or procurement rules and regulations of the respective political entity.
5.43 Budget Approval into Next Fiscal Year. This Agreement will commence on the Effective
Date and continue in full force and effect until it is terminated or expires in accordance with
the provisions of this Agreement. The Parties recognize that the continuation of this
Agreement after the close of the City's fiscal year, which ends on June 30 of each year, is
subject to the City Council's approval of a budget that includes an appropriation for this item
as an expenditure. The City does not represent that this budget item will be actually adopted.
This determination is solely made by the City Council.
5.44 Forced Labor of Ethnic Uyghurs Prohibited. By entering into this Agreement, Contractor
certifies and agrees Contractor does not currently use and will not use for the term of this
Agreement: (i) the forced labor of ethnic Uyghurs in the People's Republic of China; or (ii) any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; or (iii) any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China.
5.45 License to City for Reasonable Use. With this Agreement, Consultant and its
subconsultants hereby grant a license to City, its agents, employees, and representatives for
an indefinite period of time to reasonably use, make copies, and distribute as appropriate
the Documents, works or deliverables developed or created as a result of the Project and this
Agreement. This license also includes the making of derivative works.
Project Name: FORENSIC SERVICES FACILITY - STUDY
Page 12
Project No.: PD2301.101
Rev. 11/10/22
This Agreement will be in full force and effect only when it has been approved and executed
by the duly authorized City officials.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
“CITY” CITY OF CHANDLER
MAYOR
RECOMMENDED BY:
Kimberly Moon, P.E.
CIP City Engineer
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Seal
“CONSULTANT”
SmithGroup, Inc.
Signature
Date
Print Name
Title
Signer Email Address
Vice President
stephanie.mitrovic@smithgroup.com
Project Name: FORENSIC SERVICES FACILITY - STUDY
Page A-1
Project No.: PD2301.101
Rev. 11/10/22
EXHIBIT “A”
SCOPE OF SERVICES/SCHEDULE
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 1 of 8
25 JANUARY 2023
PROFESSIONAL SERVICES PROPOSAL
REV. 5 January 25, 2023
REV. 4 January 09, 2023
REV. 3 December 22, 2022
REV. 2 December 20, 2022
REV. 1 December 15, 2022
Original Proposal November 30, 2022
Transmitted – (Via eMail)
Ivan Magana, PE
Project Manager
City of Chandler | Public Works & Utilities | Capital Projects Div.
O: 480.782.3362 | M: 480.673.6749
Ivan.Magana@chandleraz.gov
RE: CHANDLER POLICE SERVICES FACILITY – PRE-DESIGN SERVICES NEEDS ASSESSMENT
Dear Mr. Magana,
On behalf of SmithGroup, Inc., (“SmithGroup”) we are pleased to submit this proposal for a Needs Assessment for
the Chandler Police Services Facility. The following is our understanding of the services that are to be provided.
UNDERSTANDING OF THE PROJECT
The Chandler Police Services Facility requires a Facility and Needs Assessment to accommodate current and future
demands. The current facility is aged and not equipped to meet future demands. Per our understanding gained
during a Video Conference Scoping correspondence between (City of Chandler) and SmithGroup project
stakeholders on November 23, 2022.
Facility Demand:
From our collective experience, we have learned that the successful assessment, planning, and design of a crime lab
forensic facility relies upon understanding their uniqueness. These facilities are the only type that exist to provide
examinations of, often, criminal evidence, using complex and highly technical scientific means. Examiners seek to
answer the questions of who, where, what, how, why, and when pertaining to forensic evidence. The facility consists
of many unique components housed all under one roof, which has a direct correlation to the benefits of an integrated
planning and design approach. Just a few of the elements that impact the physical facility to be considered within a
feasibility study include demographics of the population served, crime statistics, anticipated changes in caseloads,
workflow, chain of custody, facility infrastructure, and the ever-present interface with outside agencies and the legal
system. Working with the Police Department and Forensic Services users, the SmithGroup team will investigate the
aforementioned impacts to establish an agreed upon facility demand.
Project Approach:
We believe involved clients make for successful projects. Frequent reviews and work sessions foster direct
communication with user group representatives and ensure they have full input, expectations are met, and they fully
understand the needs assessment process.
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 2 of 8
25 JANUARY 2023
This Facility & Needs Assessment study will answer three primary questions:
Why? This involves an analysis of the existing section operations and benchmark metrics to justify why an alternative
methodology may be beneficial.
What Size? The SmithGroup team will, through a consensus process, prepare a space needs list. This spreadsheet
will identify target space sizing and future growth projections. Site requirements will also be addressed, including
utility services, parking, vehicular circulation, security and other factors.
How Much? Our task is to determine a probable build-out cost range for the new facilities, based on the elements of
the conceptual planning scenario.
The feasibility and programming study effort will provide a plan scenario that is innovative and correctly-sized for the
laboratory. The SmithGroup team’s experience and the participation of key members from Crime Laboratory
Leadership will be the key to its success. Through effective communication and graphic materials, our team will reach
consensus and satisfy both internal and external stakeholders. Our planners and designers will convey the result of
our research, workshops, and decisions to enable implementation of the best ideas for an appropriate facility to
continue and advance the City of Chandler’s efforts to support local and surrounding communities throughout the
region.
PROCESS
The SmithGroup team will use our proven 3-step process as part of our approach to ensure that the design team is
aware of all the important components. This process consists of Data Gathering, Data Synthesis, and
Documentation, culminating in the development of a final report.
1. Data Gathering
We believe in the workshop and benchmarking concept of gathering data where user groups are involved in
providing planning input. Individual interviews and focus groups can create constructive dialogue in an organized and
efficient manner. The collected data will include technical criteria, administrative issues, workflow, adjacencies,
staffing, technology and support needs, general equipment needs as well as demographics, trends, and caseloads to
assist in the projection of your needs through the planning horizon.
2. Data Synthesis
During this phase, the SmithGroup team will assess, organize, and synthesize the collected data. This will include not
only data collected from workshops and interviews, but analysis of applicable building codes, ordinances, space
standards, cost data, demographics, trends, and historical data.
3. Documentation
This step involves the actual preparation, writing, drafting, and assembling of the feasibility study and analysis
document. This will include draft documentation for review, comments, and additional input from the user and focus
groups, and a final documentation for presentation.
Package & Deliver Final Report
SmithGroup will prepare and submit a final report inclusive of a cost estimate and meet with the City of Chandler
discussing findings and potential next steps.
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 3 of 8
25 JANUARY 2023
SCOPE OF SERVICES
SmithGroup anticipates the scope of services to be as follows (refer also to the schedule below for additional related
information that integrates the weekly undertakings with the proposed ‘phases’ below):
Phase A – Vision and Data Gathering (3 Weeks)
1. City of Chandler will provide the design team with the latest Project Foresight report for review prior to our
initial Programming Kick-off meeting along with a current staff listing.
2. Gathering and synthesizing information related to this project endeavor.
3. VIRTUAL MEETING - (WORKSHOP #1): SmithGroup key personnel to attend one (1) meeting via
teleconference with the client and other stakeholders to:
i. Discuss Project Vision
ii. Define goals and objectives
iii. Gather information:
1. Review existing program, workflow and staffing for the following Sections:
a. DNA
b. Toxicology – Drugs
c. Toxicology – Alcohol*
d. Seized Drug*
e. Digital Evidence**
f.
Firearms
g. Latent Print*
h. Crime Scene*
i.
Evidence Control
j.
NIBIN**
*Existing Forensic Services Sections to relocate to the new future lab
**Existing Police Department Sections to relocate to the new future lab
2. Existing Scientific Inventory Log – Developed by SmithGroup***
***Note: For the purposes of this Agreement “Equipment/Instrumentation” to be coordinated shall be defined
as an unfixed piece of Equipment and or Instrument larger than 2’x2’x2’ and has special mechanical,
plumbing, vibration, and electrical (other than 120v) requirements.
3. (Quant. 2) Site visits: (1) proposed site (1) existing facility
iv. Develop a new facility working space program based upon facts, data, and expectations.
v. Confirm Project Schedule
(Deliverable #1)
1. Team Directory
2. Vision Statement
3. Goals and Objective
4. Benchmarking Analysis
5. Project Schedule
Phase B – Data Synthesis (12 Weeks)
Program Development, Functional Adjacencies and Context Analysis
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 4 of 8
25 JANUARY 2023
Validated and synthesized content from prior workshop
1. VIRTUAL MEETING - (WORKSHOP #2): SmithGroup key personnel to attend one (1) meeting via
teleconference to hold virtual meetings with the client and other stakeholders to:
i.
Define facility size using “Guide plate” Program Elements. Guide plates are three-dimensional
models of key spaces in the facility that our team will build to test square footages visually.
This will ensure your space works for you. This guide-plate process not only helps users and
stakeholders visualize the space but ensures our integrated team of engineers, designers, and
specialists is on the same page and is aware of the costs associated with each space.
ii. Review the visual program “Squinty View boards” - color-coded graphical representation of all
program spaces.
2. IN-PERSON MEETING - (WORKSHOP #3): SmithGroup key personnel to attend one (1) meeting via in-
person meeting with the client and other stakeholders to:
i. Validate past “Guide Plate” modifications
ii. Review Key Program Adjacencies via the interactive “Perfect Diagram” Exercise. This
low-tech, interactive exercise is designed to build consensus and allow stakeholders to
see, touch, feel, and manipulate scaled color cutouts of the program elements. In this
exercise the team gets to discuss their ideas for the project in terms of experience,
service, adjacency, and workflow issues unfettered by site constraints and the realities of
a floorplan.
iii. SmithGroup team members, representing Lab Planning, Architecture, and Engineering
disciplines, will meet in person to share preliminary findings and perform an existing
facility evaluation & site-walk.
iv. Initiate Cost Modeling Review
3. IN-PERSON MEETING – (WORKSHOP #4): SmithGroup key personnel to attend one (1) meeting via in-
person meeting with the client and other stakeholders to:
i. Review the design based on programmatic adjacencies understood from the “Perfect
Diagram” Exercise
ii. Evaluate the “Stacker” diagram for multi-level facilities. During the Stacker exercise the
design team will use large-scale three-dimensional ‘models’ of the conceptual floor plans
to help participants understand vertical building stacking, layout, and functional aspects of
programmatic components.
iii. Discuss the options for future facility expansion
iv. Review the initial design visualization for the facility along with future expansion
opportunities
v. Present the resulting cost implications of the design along with opportunities to right-size
the facility to the anticipated budget
(Deliverable #2)
1. Needs Forecast Summary including staffing and general equipment needs.
2. Codes and Regulation Summary
3. Phasing Analysis & Growth Projections
4. Programmatic “Guideplates”
5. “Squinty View” Visual Program
6. Program Adjacencies “Perfect Diagram Exercise”
7. Site Functional Options
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 5 of 8
25 JANUARY 2023
8. Building Massing and Visualization
9. Preliminary Report Format Review
10. Preliminary Cost Estimate
Phase C – Documentation & DRAFT Report (3 Weeks)
Review and analysis of preceding work
1. VIRTUAL MEETING: SmithGroup key personnel to attend one (1) meeting via teleconference to review the
final findings and recommendations.
Phase D – Final Report (4 Weeks)
1. Reflect edits required from written comments, previous meetings, and discussions
2. Discuss next steps
(Deliverable #3) | Format: 8.5 x 11” PDF
1. Executive Summary
2. Current services evaluation
3. Supporting charts, graphs, and diagrams
4. Benchmarking Analysis - Comparative evaluation
5. Space list identifying areas by type
6. Visual Space Program - “Squinty View”
7. Planning requirements
8. Phasing options
9. Site criteria requirements
10. Preliminary Concept Renderings (4 total)
a. (3) Proposed New Building
b. (1) Proposed Exterior Improvements of Adjacent Property Evidence Building
11. “Guide Plates”
12. Specialized Instrumentation and Equipment Cost Modeling
13. Cost Estimate
*Notwithstanding anything to the contrary, our services and any information provided to address potential pandemics
or epidemics are based upon, to the best of our ability, interpreting and understanding recommendations and
guidelines promulgated by the Centers for Disease Control and Prevention and other similar local governmental
entities.
ASSUMPTIONS
Due to the need for our teams to work together to provide the most comprehensive analysis and recommendations
that will ultimately support your mission, there are some expectations of user responsibilities that should be
completed in advance of initial on-site meeting:
SmithGroup to prepare information request for the Forensic Services personnel to gather in support of the
building evaluation meetings and process.
Initial requested information to be gathered by the Laboratory personnel:
o Client to identify all User Groups / Section & leadership
o Client to develop chemical inventory list in format provided by SmithGroup
o Client to provide historical data for each section (staffing counts over time, caseloads, etc.) and/or
latest Foresight Report
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 6 of 8
25 JANUARY 2023
o Client to provide existing building Floor Plans with spaces identified. The plans will be used as
reference/context.
o Client to identify the site location, in addition to preliminary site boundaries
o Client to provide digital CADD drawing files, if available
Identify and endeavor to keep the schedules of personnel necessary to specific discussions for on-site and
WebEx meetings available for the agreed upon times.
SmithGroup, in preparing this report, assumes that there will not be presentation of the final report to
governing officials. Additional presentations of report findings are an optional additional service.
Site Location: 576 West Pecos Road Chandler, Arizona 85225. Changes to the proposed site location may
result in additional fees
Presentation of Final Report to Council (Excluded)
SCHEDULE:
SmithGroup assumes a 22-week maximum project duration to complete the Needs Assessment, with the following
schedule, as the basis for fees shown.
Phase A – Vision and Data Gathering (3 Weeks)
Phase B – Data Synthesis (12 Weeks)
Phase C – Documentation (3 Weeks)
Phase D – Final Report (4 Weeks)
CONSULTANTS
SmithGroup anticipates using the following consultant(s) for this project and are included in SmithGroup projected
fee:
Civil Engineer (Dibble)
o Civil Site Narrative
Prepare conceptual utility plan using an aerial image from the Maricopa County Assessor
GIS site. Illustrate existing public water and sewer lines from City quarter section
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 7 of 8
25 JANUARY 2023
maps. Illustrate new domestic water service, fire service/loop, and sewer service
alignments.
Prepare retention basin plan. Calculate required retention volume and illustrate proposed
retention basin locations/sizes on the proposed site plan using an aerial image from the
Maricopa County Assessor GIS site as the background.
Prepare civil narrative summarizing
Existing site conditions
Wet utility service (water, fire, sewer)
Retention requirements and identify any grading and drainage challenges
Perform site visit to confirm existing conditions
Structural Engineer: Advanced Structural Engineering (ASE)
o Structural Engineering Narrative
General Framing Considerations
Equipment
Vibration Criteria
Cost Modeler: Project Cost Resources, Inc.
o Space Criteria Cost Per Square foot
Specialized Instrumentation Equipment Recommendations & Cost Modeling: (Dr. Gregg LaBerge)
o Recommendations for specialized instrumentation and equipment to support new sections.
A. New programs – include DNA, Tox (Drugs), Firearms w/ NIBIN, and Evidence Control
(currently evidence routing is by City staff outside forensic services) and therefore do not have
section leads to understand what is needed.
1. Develop an instrumentation/equipment list on what would be required to support the
new sections along with a budget for those items.
1. New instrument cost
2. Installation and validation
2. Consumables and non-instrument budget to begin the new programs. Costs for items
like reagents and benchtop equipment will be approximated to allow the City to
allocate dollars for program development.
B. Existing programs – include Seized Drugs, Tox (BAC), Latent Prints, and Crime Scene;
SmithGroup will be documenting existing instrumentation and equipment and will work with the
users to understand what new items are needed.
1. The design team will review the existing instrumentation/equipment list and provide
insight on what would be required to support the existing sections in the new
expansion along with a budget for those items.
1. New instrument cost
2. New instrument installation and validation
3. Existing instrument relocation and validation
PROFESSIONAL SERVICES FEE
See attached (Exhibit B – Fee Schedule).
Chandler Police Services Facility | Pre-Design Services Needs Assessment
SmithGroup
576 West Pecos Road - Chandler, Arizona 85225
PROFESSIONAL SERVICES PROPOSAL (REV. 5) Page 8 of 8
25 JANUARY 2023
ALLOWANCES
Allowances shall only be used after written approval from an authorized city representative. The purpose of the
allowance is to provide a funding source for the items outlined in the attached (Exhibit B1 – Fee Schedule). Contract
reimbursement for an allowance (in whole or in part) is not ensured.
A. SITE SURVEY
B. OUT OF STATE LABORATORY BENCHMARKING TOURS:
1 overnight trip to Denver Colorado to tour Unified Metropolitan Forensic Crime Lab & Denver
Police Crime Lab. Two SmithGroup team members would attend the tours: $5,355 estimated
per/person*
1 overnight trip to tour out-of-state lab. Location (Hamilton County / Johnson County / San Diego)
to be confirmed. Two SmithGroup team members would attend the tours: $5,355 estimated
per/person*
o *Note: Dollar amounts reflect estimated travel expenses & time (16-man hours estimated).
Final fee and hours to be negotiated prior to trip.
C. OWNER’S ALLOWANCE
____________________________________________________________________________________________
The enclosed Scope of Services shall serve as an Exhibit to the Prime Agreement (PD2301.101).
_____________________________________________________________________________________________
Regards,
Stephanie A. Mitrovic, AIA, NCARB, IIDA
Science & Technology Studio Leader
480.384.0422 (m)
Stephanie.mitrovic@smithgroup.com
Project Name: FORENSIC SERVICES FACILITY - STUDY
Page B-1
Project No.: PD2301.101
Rev. 11/10/22
EXHIBIT “B”
COMPENSATION AND FEES
28,835.00
$
1.1 Project Vision
3,170.00
$
1.2 Define goals and objectives
3,095.00
$
1.3 Gather information: population & staffing analysis
8,050.00
$
1.4 Develop a new facility working space program based upon facts, data, and expectations.
5,885.00
$
1.5 Confirm Project Schedule
485.00
$
1.6 Existing Scientific Log
8,150.00
$
80,275.00
$
2.1 Define Facility Size "Guide Plates"
10,450.00
$
2.2 Develop Visual Program "Squity Boards"
10,720.00
$
2.3 Validate past “Guide Plate” modifications
15,280.00
$
2.4 Review Key Program Adjacencies via the interactive “Perfect Diagram” Exercise
15,490.00
$
2.5 Share preliminary findings and perform an existing facility evaluation & site-walk.
7,230.00
$
2.6 Initiate Cost Modeling Review
1,940.00
$
2.7 Review the design based on programmatic adjacencies understood from the “Perfect Diagram” Exercise
6,720.00
$
2.8 Evaluate the “Stacker” diagram for multi-level facilities
5,744.00
$
2.9 Discuss the options for future facility expansion
1,480.00
$
2.10 Review the initial design visualization for the facility along with future expansion opportunities
2,830.00
$
2.11 Present the resulting cost implications of the design along with opportunities to right-size the facility to the anticipated budge
1,690.00
$
59,970.00
$
3.1 Documentation & Draft Report Development
56,530.00
$
3.2 Draft Review Call
3,440.00
$
31,035.00
$
4.1 Package Final Report
31,035.00
$
27,000.00
$
A. CIVIL & Structural Engineering Narratives
11,000.00
$
B. COST MODEL
8,000.00
$
C. SPECIALIZED INSTRUMENTATION EQUIPMENT COST MODELING
8,000.00
$
54,720.00
$
A. Site Survey Allowance
8,300.00
$
B. Lab Tour Allowance (2 trips w/ 2 SmithGroup reps.) Includes Time and Travel Expenses
21,420.00
$
C. Owner's Allowance
25,000.00
$
TOTAL COST:
281,835.00
$
ALLOWANCES
SUBTOTAL
Task 4.0 Phase D Final Report
Lump Sum Cost Per Task
Task 3.0 Phase C -Documentation and Draft Report (Review and analysis of preceding work)
CONSULTANTS
Task 2.0 Phase B Data Synthesis (Program Development, Functional Adjacencies and Context Analysis)
Task 1.0 Phase A Vision and Data Gathering
EXHIBIT "B-1"
TASK DESCRIPTION
PIC
PM Coord.
Sr. Lab
Planner
Design
Princ.
Arch II
Arch I
MEP
Engineer V
MEP
Engineer IV
Interior
Design IV
Clearical
Mitrovic, Stephanie Gildea, Brad
Knorr, Chris McCrory, Will
Shimada,
Michiko
Wilson,
Brock
Thompson,
Rob
Jimenez,
Bianca
Dezinski,
Holly
Romero,
Alison
$275.00
$210.00
$290.00
$275.00
$135.00
$105.00
$260.00
$200.00
$180.00
$90.00
8
6
32
15
18
12
10
14
16
0
131
1.1 Project Vision
2
0
2
2
0
2
2
2
2
0
14
1.2 Define goals and objectives
2
2
2
3
0
0
0
0
4
0
13
1.3 Gather information:
2
2
8
10
0
2
0
0
10
0
34
1.4 Develop a new facility working space program based upon facts, data, and expectations.
1
1
12
0
8
8
0
0
0
0
30
1.5 Confirm/Track Project Schedule
1
1
0
0
0
0
0
0
0
0
2
1.6 Existing Scientific Log
0
0
8
0
10
0
8
12
0
0
38
21
15
90
60
12
12
40
40
40
3
333
2.1 Define Facility Size "Guide Plates"
0
0
10
10
4
4
6
6
6
0
46
2.2 Develop Visual Program "Squity Boards"
0
0
10
10
4
4
6
6
6
3
49
2.3 Validate past “Guide Plate” modifications
3
1
20
15
2
2
6
6
6
0
61
2.4 Review Key Program Adjacencies via the interactive “Perfect Diagram” Exercise
3
2
20
15
2
2
6
6
6
0
62
2.5 Share preliminary findings and perform an existing facility evaluation & site-walk.
2
1
16
2
0
0
2
2
2
0
27
2.6 Initiate Cost Modeling Review
4
4
0
0
0
0
0
0
0
0
8
2.7 Review the design based on programmatic adjacencies understood from the “Perfect Diagram” Exercise
4
2
5
2
0
0
5
5
5
0
28
2.8 Evaluate the “Stacker” diagram for multi-level facilities
2
2
5
3
0
0
5
5
5
0
27
2.9 Discuss the options for future facility expansion
1
0
1
1
0
0
1
1
1
0
6
2.10 Review the initial design visualization for the facility along with future expansion opportunities
1
2
2
1
0
0
2
2
2
0
12
2.11 Present the resulting cost implications of the design along with opportunities to right-size the facility to the anticipated budget
1
1
1
1
0
0
1
1
1
0
7
12
0
30
30
80
90
30
30
30
3
335
3.1 Documentation & Draft Report Development
10
0
28
28
78
88
28
28
28
3
319
3.2 Draft Review Call
2
0
2
2
2
2
2
2
2
0
16
14
0
32
17
6
6
18
18
18
3
132
4.1 Package Final Report
14
0
32
17
6
6
18
18
18
3
132
Task 1.0 Phase A Vision and Data Gathering (3 weeks)
Task 2.0 Phase B Data Synthesis (Program Development, Functional Adjacencies and Context Analysis) (12 weeks)
Task 3.0 Phase C -Documentation and Draft Report (Review and analysis of preceding work) (3 weeks)
Task 4.0 Phase D Final Report (4 weeks)
EXHIBIT "B-2"
< PROJECT ROLE
< HOURLY RATES
TOTAL HOURS
PER TASK
Hours and Rates
TASK DESCRIPTION
Project Name: FORENSIC SERVICES FACILITY - STUDY
Page C-1
Project No.: PD2301.101
Rev. 11/10/22
EXHIBIT “C”
INSURANCE REQUIREMENTS
1.
General.
1.1 At the same time as execution of this Agreement, Consultant must furnish City a certificate
of insurance on a standard insurance industry ACORD form. The ACORD form must be
issued by an insurance company authorized to transact business in the State of Arizona
possessing a current A.M. Best, Inc. rating of A-7, or better and legally authorized to do
business in the State of Arizona with policies and forms satisfactory to City. Provided,
however, the A.M. Best rating requirement will not be deemed to apply to required Workers’
Compensation coverage.
1.2 Consultant and any of its subconsultants must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
1.3 The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
1.4 City in no way warrants that the minimum insurance limits contained in this Agreement are
sufficient to protect Consultant from liabilities that might arise out of the performance of
the Agreement services under this Agreement by Consultant, its agents, representatives,
employees, subconsultants, and Consultant is free to purchase any additional insurance as
may be determined necessary.
1.5 Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve Consultant from,
nor will it be considered a waiver of its obligation to maintain the required insurance at all
times during the performance of this Agreement.
1.6 Use of subconsultants: If any work is subcontracted in any way, Consultant must execute a
written Agreement with subconsultant containing the same Indemnification Clause and
Insurance Requirements as City requires of Consultant in this Agreement. Consultant is
responsible for executing the Agreement with the subconsultant and obtaining Certificates
of Insurance and verifying the insurance requirements.
2.
Minimum Scope and Limits of Insurance. Consultant must provide coverage with limits of
liability not less than those stated below.
2.1 Professional Liability. If the Agreement is the subject of any professional services or work
performed by Consultant, or if Consultant engages in any professional services or work
adjunct or residual to performing the work under this Agreement, Consultant must maintain
Professional Liability insurance covering errors and omissions arising out of the work or
services performed by Consultant, or anyone employed by Consultant, or anyone whose
acts, mistakes, errors and omissions Consultant is legally liable, with a liability limit of
$1,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability
insurance policy is written on a “claims made” basis, coverage must extend for 3 years past
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completion and acceptance of the work or services, and Consultant, or its selected Design
Professional will submit Certificates of Insurance as evidence the required coverage is in
effect. The Design Professional must annually submit Certificates of Insurance citing that the
applicable coverage is in force and contains the required provisions for a 3 year period.
2.2 Commercial General Liability-Occurrence Form. Consultant must maintain “occurrence” form
Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
2.3 Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
Vehicle Liability: Consultant must maintain Business/Automobile Liability insurance with a
limit of $1,000,000 each accident on Consultant owned, hired, and non-owned vehicles
assigned to or used in the performance of Consultant’s work or services under this
Agreement. If any Excess or Umbrella insurance is utilized to fulfill the requirements of this
paragraph, the Excess or Umbrella insurance must be “follow form” equal or broader in
coverage scope than underlying insurance.
2.4 Workers Compensation and Employers Liability Insurance: Consultant must maintain Workers
Compensation insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant employees engaged in the performance of work or services under
this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
3.
Additional Policy Provisions Required.
3.1 Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must be
declared and approved by City. If not approved, City may require that the insurer reduce or
eliminate any deductible or self-insured retentions with respect to City, its officers, officials,
agents, employees, and volunteers.
3.1.1. Consultant’s insurance must contain broad form contractual liability coverage.
3.1.2. Consultant’s insurance coverage must be primary insurance with respect to City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained
by City, its officers, officials, agents, and employees will be in excess of the coverage
provided by Consultant and must not contribute to it.
3.1.3. Consultant’s insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
3.1.4. Coverage provided by Consultant must not be limited to the liability assumed under
the indemnification provisions of this Agreement.
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3.1.5. The policies must contain a severability of interest clause and waiver of subrogation
against City, its officers, officials, agents, and employees, for losses arising from Work
performed by Consultant for City. (Does not apply to Professional Liability coverage.)
3.1.6. Consultant, its successors and or assigns, are required to maintain Commercial
General Liability insurance as specified in this Agreement for a minimum period of 3
years following completion and acceptance of the Work. Consultant must submit a
Certificate of Insurance evidencing Commercial General Liability insurance during this
3-year period containing all the Agreement insurance requirements, including
naming City of Chandler, its agents, representatives, officers, directors, officials and
employees as Additional Insured as required.
3.1.7. If a Certificate of Insurance is submitted as verification of coverage, City will
reasonably rely upon the Certificate of Insurance as evidence of coverage, but this
acceptance and reliance will not waive or alter in any way the insurance requirements
or obligations of this Agreement.
3.2. Insurance Cancellation During Term of Agreement.
3.2.1. If any of the required policies expire during the life of this Agreement, Consultant
must forward renewal or replacement Certificates to City within 10 days after the
renewal date containing all the required insurance provisions.
3.2.2. Each insurance policy required by the insurance provisions of this Agreement must
provide the required coverage and must not be suspended, voided or canceled
except after thirty (30) days prior written notice has been given to City, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be
given. Such notice must be sent directly to Chandler Law-Risk Management
Department, Post Office Box 4008, Mailstop 628, Chandler, Arizona 85225. If any
insurance company refuses to provide the required notice, Consultant or its
insurance broker must notify City of any cancellation, suspension, non-renewal of any
insurance within seven (7) days of receipt of insurers’ notification to that effect.
3.3
City as Additional Insured. The policies are to contain, or be endorsed to contain, the following
provisions:
3.3.1. The Commercial General Liability and Automobile Liability policies are to contain, or
be endorsed to contain, the following provisions: City, its officers, officials, agents,
and employees are additional insureds with respect to liability arising out of activities
performed by, or on behalf of, Consultant; Products and Completed operations of
Consultant; and automobiles owned, leased, hired, or borrowed by Consultant.
3.3.2. City, its officers, officials, agents, and employees must be additional insureds to the
full limits of liability purchased by Consultant even if those limits of liability are in
excess of those required by this Agreement.
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EXHIBIT “D”
SPECIAL CONDITIONS
N/A