3205018D2-CON-FELIX CONSTRUCTION COMPANY-WELLHEAD TREATMENT WELL 10.PDF
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PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR CONSTRUCTION MANAGER AT RISK
PRE-CONSTRUCTION PHASE SERVICES
This Contract is made and entered into this 8th day of January 2026, by and
between the City of Tempe, an Arizona municipal corporation (“City” or “Owner”), and Felix
Construction Company, Inc., an Arizona corporation, hereinafter designated the (“Construction
Manager at Risk” or “CMAR”).
A.
WHEREAS, City desires to construct improvements to be located at 2126 E. Southern
Avenue in Tempe, Arizona, Maricopa County, Arizona, more particularly described
herein; and
B.
WHEREAS, City and CMAR have reached an agreement, memorialized in this Contract,
whereby CMAR will perform pre-construction services for said improvements for payment
by City as set forth herein; and
C.
WHEREAS, City engages CMAR to perform professional construction management pre-
construction phase services for a project known and described as Wellhead Treatment –
Well 10, Project No. 3205018D2 (“Project”).
NOW, THEREFORE, City and CMAR, in consideration of the mutual representations and
covenants set forth herein, and for other good and valuable consideration, do mutually agree as
follows:
1.
TERMS AND DEFINITIONS
For purposes of this Contract, the following definitions apply:
1.1.
“Addendum” means a document issued by City that modifies or supersedes
portions of the Contract as to additional specifications, forms, or other information.
1.2.
Allowances” means costs for additional quantities and or additional Work that City
may require.
1.3.
“Alternate Systems Evaluations” means alternatives for design, means and
methods, or other scope considerations that are evaluated by City using value
engineering principles for a potential reduction of construction costs of a quality
and functional Project per City requirements.
1.4.
“Amendment” means a written modification of the terms and conditions of this
Contract signed by the parties to the Contract.
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1.5.
“Business Day” means any calendar day except Saturdays, Sundays, and holidays
observed by City.
1.6.
“Calendar Day” means every day shown on the calendar including Saturdays,
Sundays, and holidays.
1.7.
“Change Order” means a written agreement entered into after the execution of
the Contract signed by the City, CMAR, and other parties as may be required or
appropriate, which makes changes to the scope of services or Deliverables and sets
forth adjustment to the Contract amount and or adjustment to the CMAR time of
completion.
1.8.
“CMAR” (“Construction Manager at Risk” or “Contractor”) means the
person, firm, corporation, or other approved legal entity with whom City has
contracted with to provide pre-construction services or construction services.
1.9.
“Construction Fee” means CMAR’s total administrative costs, including home
office overhead if any, and profit, whether at CMAR’s principal or branch offices.
1.10. “Construction Management Plan (CMP)” means a plan as defined in Section 7
of this Contract.
1.11. “Construction Manager Professional” means the person, firm, or corporation
having a separate contract with the City working as the Owner’s representative to
provide construction program management services for the Project.
1.12. “Contract” means this written document, including all Addenda, Amendments,
exhibits, attachments, and schedules attached thereto, signed by City and CMAR
covering the pre-construction phase of the Project. The Contract collectively
represents the entire agreement between City and CMAR, and which supersedes
any prior negotiations, representations, or agreements, either written or oral.
1.13. “Cost Model” means a breakdown of the scope of the Project that is initially
developed by CMAR during the conceptual design phase and based on information
from the Project Team and CMAR’s records of similar Projects. The model will
evolve as the design progresses and be maintained by CMAR throughout the pre-
construction phase and will include any assumptions and clarifications made by
CMAR. Cost Model will support any cost estimates, Alternate Systems
Evaluations, and eventually any GMP, when required by the Project Team. Cost
Model is subject to approval by City in its sole discretion.
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1.14. “Cost of the Work” means the direct costs necessarily incurred by CMAR in the
proper performance of the Work. Cost of the Work may include direct labor costs,
subcontract costs, costs of materials and equipment incorporated in the completed
Work, costs of other materials and equipment, temporary facilities, building permit
fees, materials testing, and related items. Cost of the Work shall not include
CMAR’s Construction Fee, General Conditions Cost, taxes, bonds, or insurance
costs.
1.15. “Data” means all information, whether written, electronic, or verbal, including
plans, photographs, studies, investigations, audits, analyses, samples, reports,
calculations, internal memos, meeting minutes, field notes, work product,
proposals, correspondence, and any other similar documents or information
prepared by or obtained by CMAR in the performance of this Contract.
1.16. “Day(s)” means Calendar Day(s) unless otherwise expressly stated herein.
1.17. “Deliverables” means the work products prepared by CMAR in performing the
scope of Work described in the Contract. The major Deliverables to be prepared
and provided by CMAR during the pre-construction phase include but are not
limited to: Construction Management Plan, Cost Model, Project schedule of
values, Alternative System Evaluations, procurement strategies and plans, cost
estimates, construction market surveys, cash flow projections, GMP Proposal,
Subcontractor bid packages, other items as indicated in this Contract or required
by the Project Team, and, if applicable, Subcontractor procurement plan,
Subcontractor Contracts, and Supplier Contracts.
1.18. “Design Professional” means the qualified and licensed design person, firm, or
corporation having a contract with City to furnish design services for this Project.
1.19. “Drawings” means documents which visually represent the scope, extent, and
character of the Work and which have been prepared or approved by the Design
Professional and City. Drawings include such documents that have reached a
sufficient stage of completion and are released by the Engineer solely for the
purposes of review and or use in performing constructability or biddability reviews
and in preparing cost estimates (e.g., conceptual design Drawings, preliminary
design Drawings, detailed design Drawings at 30%, 60%, 90%, or 100%, but
excluding Shop Drawings and those marked “NOT FOR CONSTRUCTION”).
1.20. “Effective Date of this Contract” means the date specified in this Contract on
which the Contract becomes effective, but if no such date is specified, the date on
which the last of the parties signs this Contract.
1.21. “Engineer” means City Engineer acting directly or through its duly authorized
representative.
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1.22. “Final Acceptance” means a written Final Acceptance of the Work, prepared by
the Engineer, after all Work has been completed in accordance with the Contract
and after inspection is completed by City.
1.23. “General Condition Costs” means, other than expressly limited or excluded
herein, the costs of CMAR during the construction phase, including but not limited
to: payroll costs for the project manager or construction manager (but not both)
for work conducted at the site; payroll costs for the superintendent and full-time
general foremen; payroll costs for management personnel resident and working on
or off the site; workers not included as direct labor costs engaged in support
functions (e.g., loading, unloading, clean-up); costs of offices and temporary
facilities including office materials, office supplies, office equipment, minor
expenses, utilities, fuel, sanitary facilities, and telephone services at the site; costs
of consultants not in the direct employ of CMAR or Subcontractors; and fees for
licenses.
1.24. “Guaranteed Maximum Price (GMP)” means the sum of the maximum Cost of
the Work, the Construction Fee, General Conditions Costs, any Allowances, taxes,
bonds, and insurance.
1.25. “Guaranteed Maximum Price (GMP) Proposal” means the offer of a proposal
detailing the qualifications, assumptions, exclusions, value engineering, and any
and all other requirements set forth in the scope of work for the design phase.
1.26. “Laws and Regulations; Laws or Regulations” means any and all applicable
laws, rules, regulations, ordinances, codes, and orders of any and all federal, state,
and local governmental bodies, agencies, authorities, and courts having
jurisdiction over the subject Project, site, and or any Work for this Contract.
1.27. “MAG Specifications” means the Maricopa Association of Governments
Uniform Standard Specifications for Public Works Construction – latest edition,
Maricopa Association of Governments Uniform Standard Details for Public
Works Construction – latest edition, and City of Tempe Supplement to the MAG
Uniform Standard Details and Specifications for Public Works Construction –
2014 thereto. The definitions set forth in MAG Specifications shall govern unless
expressly defined herein.
1.28. “Notice to Proceed” means written notification from City to CMAR supplied
after this fully executed Contract, establishing the date on which performance of
CMAR’s obligations under this Contract shall begin.
1.29. “Progress Payment” means the form accepted by City and used by CMAR in
requesting Progress Payments or final payment for Work performed under this
Contract, which includes supporting documentation as required by the Contract or
City.
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1.30. “Project” means the total design and construction of improvements or services
and or Work to be performed by CMAR.
1.31. “Project Contingency” means a fund to cover non-general condition and other
cost growth during the Project used by the City, or approved by the City for CMAR
use, at City’s sole discretion. The City will permit use of the Project Contingency,
as the need may arise, and such Project Contingency monies may be utilized and
are generally available for increased charges due to material costs and availability,
production capacity, unforeseen Project circumstances or site conditions, City
directed changes to the Work to be performed under the Contract including design
revisions or additional scope requests made by the City or the Design Professional,
or may be utilized to cover costs that have not been completely identified as trade
specific scope on the GMP setting documents such as scope gap, coordination
issues between trades, and missed scope during the bidding process, and may
require further clarification or coordination. The amount of Project Contingency
will be set solely by City and will not be included in the GMP or GMP Proposal.
1.32. “Project Manager” means Engineer or Construction Manager Professional.
1.33. “Project Team” means a construction services unit consisting of a Design
Professional, CMAR, Engineer, Construction Manager Professional and other
persons who are responsible for making decisions regarding the Project, as
approved by Engineer. Any other persons to be included in the Project Team shall
be identified in the preconstruction conference and are subject to approval by the
Engineer.
1.34. “Samples” means physical examples of materials, equipment, or workmanship
representative of a part of the construction phase establishing the standards by
which that portion of the construction phase work will be evaluated.
1.35. “Shop Drawings” means all Drawings, diagrams, illustrations, schedules, and
other Data or information specifically prepared or assembled by or for CMAR and
submitted by CMAR to illustrate some portion of the Work.
1.36. “Specifications” means the technical specifications for the construction phase of
this Project consisting of written technical descriptions of materials, equipment,
construction systems, standards, and workmanship as applied to the Work and
administrative details applicable thereto.
1.37. “Subcontractor” means an individual, firm, entity, or corporation other than
CMAR’s employees, having a contract with CMAR to undertake to perform a part
or portion of the pre-construction phase services or construction phase work at the
site for which CMAR is responsible. Subcontractors shall be selected through the
Subcontractor bid process described in Section 13 of this Contract.
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1.38. “Substantial Completion” means when the construction services for the Work
(or a specified part thereof) has progressed to the point where, within the sole
discretion of the City and as evidenced by a letter of Substantial Completion, such
construction services are sufficiently complete in accordance with the Contract
Documents so that City can occupy and use the Project or a portion thereof for its
intended purposes.
1.39. “Supplier” means a manufacturer, fabricator, supplier, distributor, materialman,
or vendor having a direct contract with CMAR or with any Subcontractor to
furnish materials or equipment.
1.40. “Total Float” means number of Calendar Days by which the design phase
services or construction phase work or any part of the same may be delayed
without necessarily extending a pertinent schedule milestone in the Project
schedule, as mutually agreed to by City and CMAR.
1.41. “Work” means any or all of the improvements as required by the Contract, and
the construction, demolition, reconstruction, design, and or repair of all or any
portion of such improvements, and all labor, services, incidental expenses, and
material necessary or incidental thereto.
2.
SERVICES OF CMAR
2.1. CMAR shall perform in accordance with the degree of care, skill, and judgment
that a licensed contractor in Arizona would exercise under similar conditions.
CMAR will, at all times, perform the required services consistent with sound and
generally accepted construction and construction management.
2.2. CMAR has assigned Zac Teal, or designee as its representative for this Contract.
Prior written approval by City is required in the event CMAR requests a personnel
substitution. CMAR shall submit the qualifications of any proposed substituted
personnel to City for approval.
2.3. CMAR shall provide services for this Project as described in Exhibit “A”. The
pre-construction phase services being provided under this Contract will not alter
any real property owned by City.
3.
TERM
CMAR shall complete all pre-construction phase services per the terms of the Contract,
free and clear from any and all claims, liens, and changes whatsoever, within 330 calendar
days of the Notice to Proceed date issued by City. In the event delays are experienced
beyond the control of CMAR, the schedule may be revised as determined by City in its
sole discretion.
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4.
CMAR’S COMPENSATION
4.1.
The method of payment for this Contract is payment by installments. Total
compensation for the services performed shall not exceed $146,873.72, unless
otherwise authorized by City. This fee does not include an Allowance for
reimbursable expenses.
4.2.
Payment for this Contract shall be based on the following Budget Schedule:
Task Description
Method
Amount
Professional Services
Hourly not to Exceed
$86,873.72
Subtotal Task Amount:
$86,873.72
Allowances
Method
Amount
Site Investigation and Potholing
Allowance
Not to Exceed
$50,000.00
Owner’s Allowance
Not to Exceed
$10,000.00
Subtotal Allowances Amount:
$60,000.00
Total Compensation
Not to Exceed:
$146,873.72
4.3.
Payment requests shall be submitted by CMAR through the City’s PMWeb
Software System. Requests shall be uploaded to the PMWeb Software System at
https://tempe-az.pmweb.com/pmweb/ using a login provided to CMAR by City
and shall include all supporting documentation.
4.4.
If detailed invoice(s) and progress report(s) are approved by City, installment
payments will be made within 30 Calendar Days after City’s approval.
4.5.
CMAR acknowledges and agrees that invoices shall be submitted to City for
review and approval no more than 60 Calendar Days after Work or services have
been performed. City reserves the right to deny in whole or in part, payment to
CMAR, including but not limited to, fees and expenses contained in any invoice
not received by the City within 60 Calendar Days of the date such Work or services
were performed. This in no way shall be construed to waive or diminish City’s
rights and remedies for otherwise withholding funds under Arizona law.
4.6.
If any service(s) executed by the CMAR is abandoned or suspended in whole or
in part, for a period of more than 180 Calendar Days through no fault of the
CMAR, the CMAR is to be paid for the services performed prior to the
abandonment or suspension.
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5.
CITY’S RESPONSIBILITIES
5.1.
City may designate a Construction Manager Professional for the term of this
Contract. When designated, the Construction Manager Professional has authority
to administer this Contract and will monitor compliance with all terms and
conditions stated herein. All requests for information from or a decision by City
on any aspect of the Work will be directed to the Construction Manager
Professional.
5.2.
City will review Deliverables by CMAR, provide prompt responses to questions,
and render decisions to minimize delay in the progress of CMAR’s Work. City
will keep CMAR advised concerning the progress of City’s review of the Work.
CMAR agrees that City’s inspection, review, acceptance, and or approval of
CMAR’s Work shall not relieve CMAR’s responsibility for errors or omissions of
CMAR or any of its Subcontractors.
5.3.
Unless included in CMAR’s services as identified herein, City may furnish the
following to the extent it is within the City’s possession or control:
5.3.1.
One copy of its maps, records, laboratory tests, survey ties and
benchmarks, or other Data in its possession pertinent to the services.
However, CMAR shall be solely responsible for researching the records,
requesting specific Drawings or information, and independently
verifying all Data.
5.3.2.
Available City Data on policies, regulations, standards, criteria, and
studies relevant to the Project.
5.3.3.
Supply all necessary copies of programs and reports reasonably required
by CMAR.
5.3.4.
Provide
CMAR
with
adequate
information
regarding
City’s
requirements for the Project.
5.3.5.
Give prompt written notice to CMAR in the event City becomes aware
of any default or defect in the Project or nonconformance with the
Drawings and or Specifications.
5.3.6.
Notify CMAR of changes concerning or affecting budget allocations.
5.3.7.
Contract separately with one or more Design Professionals to provide
architectural and or engineering design services for the Project. The
scope of the services for the Design Professional will be provided to
CMAR. CMAR shall have no right to limit or restrict any changes of
such services that are otherwise mutually acceptable to City.
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5.3.8.
Authorize the Project Manager to approve the Project budget and Project
schedule, render decisions, and furnish information to CMAR.
5.4.
GIS Data Disclaimer. CMAR UNDERSTANDS THE CITY OF TEMPE DOES
NOT WARRANT THE ACCURACY, COMPLETENESS, CONDITION,
SUITABILITY, PERFORMANCE, OR CURRENCY OF THE GIS DATA
PROVIDED UNDER THIS CONTRACT. AREAS DEPICTED BY GIS DATA
ARE APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO
STANDARDS FOR MAPPING, SURVEYING, OR ENGINEERING. THIS
DATA IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE
RELIED UPON FOR SITE-SPECIFIC PURPOSES. THE DATA HEREIN IS
SUBJECT TO CONSTANT CHANGE AND MAY NOT BE COMPLETE,
ACCURATE, OR UP-TO-DATE. THE CITY OF TEMPE IN NO WAY
ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY INCORRECT
DATA OR ANY INFORMATION PROVIDED HEREIN. THE CMAR
ACKNOWLEDGES AND AGREES THAT THE CITY OF TEMPE ASSUMES
NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY
RESULTING
FROM
INCOMPLETE,
INCORRECT,
OR
MISSING
INFORMATION INCLUDING ANY DIRECT, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED OR UNDER ANY
THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE. BY WAY OF THE SIGNATURE ON THIS
CONTRACT, THE CMAR ASSUMES ALL LIABILITY FOR ANY AND
ALL DEPENDENCE AND OR RELIANCE UPON THIS INFORMATION
AND ASSUMES ALL RESPONSIBILITY RELATING THERETO. ANY
AND ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PURPOSE, ARE SPECIFICALLY AND
EXPRESSLY DISCLAIMED. CMAR SHOULD NOT RELY UPON THE GIS
DATA WITHOUT PROPER FIELD VERIFICATION FOR ANY PURPOSE.
6.
GENERAL SCOPE OF SERVICES
6.1.
Project Meetings. CMAR shall attend Project Team meetings and all other
meetings as directed by City.
6.2.
CMAR shall provide any and all services described herein in a proactive manner
and consistent with the intent of the most current Drawings and Specifications.
CMAR will promptly notify City in writing in the event that CMAR determines
that any Drawings or Specifications are inappropriate for the Project and or cause
changes in the scope of work.
6.3.
CMAR when requested by City or at its own initiative, if previously approved by
City, will attend, make presentations, and participate as may be appropriate in
public agency and or community meetings relevant to the Project. CMAR will
provide Drawings, schedule diagrams, budget charts, and other materials
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describing the Project when their use is required or appropriate in any public
agency meetings, as determined by City.
6.4.
Description of Work. CMAR shall provide services for this Project as described
in Section 7 through Section 13 herein.
7.
CONSTRUCTION MANAGEMENT PLAN
7.1.
Prior to the start of construction the CMAR shall prepare a Construction
Management Plan (CMP) which will detail, but not necessarily be limited to,
CMAR’s determination concerning: (a) Project milestone dates and the Project
schedule including the broad sequencing of the pre-construction and construction
of the Project; (b) alternate strategies for fast-tracking and or phasing the
construction; (c) the number of separate sub-agreements to be awarded to
Subcontractors and Suppliers for the Project construction; (d) permitting strategy;
(e) safety and training programs; (f) construction quality control; (g) a
commissioning program, plant start up and training, where applicable; (h) the
Cost Model and basis of the model; and (i) a matrix summarizing each Project
Team member’s responsibilities and roles.
7.2.
CMAR will add detail to its previous version of the CMP to keep it current
throughout the pre-construction phase so that the CMP is ready for
implementation at the start of the construction phase. The update and revisions
will take into account: (a) revisions in Drawings and Specifications; (b) CMAR’s
examination of the results of any additional investigatory reports of subsurface
conditions, Drawings of physical conditions of existing surface and subsurface
facilities, and documents depicting underground utilities placement and physical
conditions whether obtained by City, Design Professional, or CMAR; (c)
unresolved permitting issues, and significant issues, if any, pertaining to the
acquisition of land and right-of-way; (d) the fast-tracking of any of the
construction or other chosen construction delivery methods; (e) the requisite
number of separate bidding documents to be advertised; (f) the status of the
procurement of long-lead time equipment, if any, and or materials; and (g)
funding issues identified by City.
8.
PROJECT SCHEDULE
8.1.
The fundamental purpose of the Project schedule is to identify, coordinate, and
record the tasks and activities to be performed by all of the Project Team members
and then for the Project Team to utilize the schedule as a basis for managing and
monitoring compliance by all Project Team members with the requirements of
the Project. Each Project Team member is responsible for compliance with the
schedule requirements of the Project. CMAR will develop and maintain the
Project schedule for the Project Team based on input received, consistent with
the most recent revised and updated CMP. The Project schedule will use the
critical path method (CPM) technique unless City by written notice requires a
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different method. CMAR will use scheduling software to develop a Project
schedule acceptable to City presented in graphical and tabular reports as agreed
upon by the Project Team. If Project phasing as described below is required, the
Project schedule will indicate milestone dates for the phases once determined.
The Project schedule’s activities shall correlate with the schedule of values
specified herein.
8.2.
CMAR shall include and integrate in the Project schedule the services and
activities required of City, Design Professional, and CMAR, including all
construction phase activities. The Project schedule will detail all activities to the
extent required to show: (a) the coordination between conceptual design,
preliminary design, and development of the construction documents (detailed
design); (b) any separate long-lead procurements; (c) permitting issues; (d) any
land and right-of-way acquisition; (e) bid packaging strategy and awards to
Subcontractors and Suppliers; (f) major stages of construction; (g) start-up and
commissioning; and (h) occupancy of the completed Work by City. The Project
schedule will include, but not be limited to, proposed activity sequences and
durations for pre-construction, procurement, construction, and testing activities,
milestone dates for actions and decisions by the Project Team, preparation and
processing of Shop Drawings and Samples, delivery of materials or equipment
requiring long-lead time procurement, if any, milestone dates for various
construction phases, Total Float for all activities, relationships between the
activities, City’s occupancy requirements showing portions of the Project having
occupancy priority, and proposed dates for Substantial Completion and when the
Work shall be ready for Final Acceptance.
8.3.
The Project schedule shall be updated and maintained by CMAR throughout the
pre-construction phase such that it will not require major revisions at the start of
the construction phase to incorporate CMAR’s plan for the performance of the
construction phase work. CMAR will provide updates and or revisions to the
Project schedule for use by the Project Team, whenever required, but no less often
than at the monthly Project Team meetings. CMAR will include comparison of
the progress achieved to that planned, any concerns regarding delays or potential
delays, and any recommendations regarding mitigating actions.
8.4.
Project Phasing. If phased construction is deemed appropriate and City approves,
CMAR shall review the design and make recommendations regarding the phased
issuance of construction documents to facilitate phased construction of the Work
with the objective of reducing the Project schedule and or Cost of the Work.
CMAR will take into consideration factors such as natural and practical lines of
work severability, sequencing effectiveness, access and availability constraints,
total time for completion, construction market conditions, labor and materials
availability, and other factors pertinent to saving time and decreasing costs.
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9.
DESIGN DOCUMENT REVIEWS
9.1.
CMAR shall periodically evaluate the availability of labor, materials, equipment,
building systems, cost-sensitive aspects of the design, and other factors that may
impact the Cost Model, GMP Proposal, and or the Project schedule and update
each accordingly.
9.2.
CMAR will identify, in conjunction with the Project Team, any additional surface
and subsurface investigations that are required to provide the necessary
information for the construction of the Project. After completion of pre-
construction phase services, CMAR may provide additional investigations to
improve the adequacy and completeness of the site condition information and the
Data made available with the construction documents. CMAR will be responsible
for the time and cost required to obtain such additional investigations, except if
otherwise provided by specific additional services.
9.3.
CMAR will meet with the Project Team as required, to review designs during
development. CMAR will thoroughly familiarize itself with the evolving
documents through conceptual design, preliminary design, and development of
detailed design documents. CMAR will proactively advise the Project Team and
make recommendations on factors related to construction costs and concerns
pertaining to the feasibility and practicality of any proposed means and methods,
selected materials, equipment and building systems, and labor and material
availability. CMAR will advise the Project Team on proposed site improvements,
excavation, and foundation considerations, as well as any concerns with respect
to coordination of the Drawings and Specifications. CMAR will recommend
cost-effective alternatives.
9.4.
The CMAR will conduct constructability and biddability reviews of the Drawings
and Specifications at the 30%, 60%, and 90% document submittals. The reviews
will attempt to identify all discrepancies and inconsistencies in the construction
documents, especially those related to clarity, consistency, and coordination of
Subcontractors and Suppliers.
9.5.
Constructability Reviews. CMAR shall evaluate whether: (a) Drawings and
Specifications are configured to enable efficient construction; (b) design elements
are standardized; (c) construction efficiency is properly considered in the
Drawings and Specifications; (d) module or pre-assembly design are prepared to
facilitate fabrication, transport, and installation; (e) design promotes accessibility
of personnel, material, and equipment, and facilitates construction under adverse
weather conditions; (f) sequences of Work required by or inferable from the
Drawings and Specifications are practicable; and (g) design has taken into
consideration efficiency issues concerning access and entrance to the site,
laydown and storage of materials, staging of site facilities, construction parking,
and other similar pertinent issues.
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9.6.
Biddability Reviews. CMAR will check and cross-reference complementary
Drawings and Specifications, and evaluate, among other things, whether: (a)
Drawings and Specifications are sufficiently clear and detailed to minimize
ambiguity and to reduce scope of interpretation discrepancies; (b) named
materials and equipment are commercially available and are performing well in
similar installations; (c) design provides as-built Data; (d) Specifications include
alternatives in the event a requirement cannot be met in the field; and (e) Project
is likely to be subject to differing site conditions considering the Data on
subsurface conditions, physical conditions of existing surface and subsurface
facilities, and physical conditions of underground utilities made available by the
design or resulting from conditions inherent to work similar to the Work.
9.7.
The results of these reviews as set forth in Section 9 will be provided to City in
formal written reports clearly identifying all discovered discrepancies and
inconsistencies in the Drawings and Specifications, with notations and
recommendations made on the documents. If requested by City, CMAR will meet
with Design Professional to discuss its findings and review the reports.
Responsibility for updating the Drawings and Specifications will remain with
Design Professional and not CMAR.
9.8.
Notification of Variance or Deficiency. It is CMAR’s responsibility to assist the
Design Professional in determining whether the construction documents are in
accordance with applicable laws, statutes, ordinances, building codes, rules, and
regulations as they relate to the performance of the Work. If CMAR recognizes
that portions of the construction documents as they relate to the performance of
the Work are at variance with applicable laws, statutes, ordinances, building
codes, rules or regulations, it will promptly notify the Design Professional and
Project Manager in writing describing the apparent variance or deficiency.
9.9.
Alternate Systems Evaluations. The Project Team will routinely identify and
evaluate, using value engineering principles, any alternate systems, approaches
and or design changes that have the potential to reduce Project costs while still
delivering a quality and functional product. If the Project Team agrees, CMAR
in cooperation with Design Professional will perform a cost/benefit analysis of
the alternatives and submit the analysis in writing to the Project Team. The
Project Team will decide which alternatives will be incorporated into the Project.
CMAR will include the cost of the alternatives in the Cost Model and any GMP
Proposal.
10.
COST MODEL, COST ESTIMATES, AND SCHEDULE OF VALUES
10.1.
As soon as practical during the conceptual design phase, CMAR shall review all
available information regarding the design and scope of the Project and other
pertinent factors. CMAR will develop a Cost Model for review and approval by
City. Once approved by City, Cost Model will be continually updated and kept
current to the design phase by CMAR until a final GMP for the entire Project is
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established. Cost Model shall constitute the best representation of what the
complete functional Project’s estimated construction costs. CMAR will
communicate in writing to the Project Team any assumptions made in preparing
Cost Model. Cost Model will support CMAR’s construction cost estimates and
shall be broken down by Construction Standard Institute (CSI) Specification
Divisions 1-16 and or otherwise, as required by City. Cost Model shall also
include Allowances set by the Project Team, including but not limited to: (a)
construction cost Project Contingency based on an agreed upon percentage of a
total estimated construction cost; (b) Allowances for potential additional
quantities and or additional work that City may require; and (c) any costs as
required by City.
10.2.
After receipt of Design Professional’s most current documents from certain
specified pre-construction phase milestones, CMAR will provide a detailed
written report to the Project Team regarding the impact of and changes to Cost
Model based on CMAR’s review of the design documents. Design Professional
and CMAR will reconcile any disagreements on Cost Model to arrive at an
agreed upon estimate for the construction costs based on the scope of the Project
through that specified pre-construction phase milestone. The pre-construction
phase milestones applicable to this paragraph are: detailed design completion at
60%, 90%, and 100%. If no consensus is reached, City will make the final
determination. If the Project Team requires additional updates of Cost Model
beyond what is specified herein, CMAR will timely provide the requested
information.
10.3.
If at any point Cost Model submitted to City exceeds previously accepted
estimates agreed to by the Project Team or other key aspects of Cost Model or
City’s Project budget, CMAR will make appropriate recommendations to City
and Design Professional on means and methods, materials, and or other design
elements to reduce the estimated construction costs, without altering City’s
parameters such that it is equal to or less than the established Project Team’s
target and or the Project budget.
10.4.
Upon completion of the 90% detailed design review, included with the
associated report, CMAR will submit to City for approval, a schedule of values
which complies with the following requirements. The schedule of values shall
be based on the 16 CSI Divisions and highlight significant variances from any
previously submitted schedule of values. The schedule of values will be directly
related to the breakdowns reflected in the Project schedule and CMAR’s Cost
Model. In addition, the schedule of values will: (a) detail unit prices and
quantity take-off’s; (b) segregate Work covered by any changes to construction
phase work already in progress, if any; (c) reconcile used and remaining
Allowance; (d) detail all other Allowances and unit price work shown and
specified in the detailed design documents; and (e) segregate unit costs, material
and equipment costs, labor costs, General Conditions Costs, hourly labor rates,
payment for pre-construction services, and total cost. Labor costs therein will
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include employee benefits, payroll taxes, and other payroll burdens. The total
cost for any portion of the Work to be performed by Subcontractors will include
Subcontractor overhead and profit.
10.5.
As required herein, CMAR shall submit a final schedule of values to City, based
on the 100% detailed design set of Drawings and Specifications for the entire
Project or any portion thereof, which final schedule of values will also be
included in any proposed GMP(s).
10.6.
Upon request by City, CMAR shall submit, not more than once per month, a
cash flow projection for the Project based on the current updated and revised
Project schedule and the anticipated level of payments for CMAR during the
pre-construction and construction phases. In addition, if requested by City and
based on information provided by City, CMAR will prepare a cash flow
projection, not more than once per month, for the entire Project based on
historical records for similar types of projects to assist City in the financing
process.
11.
GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS
11.1.
The proposed GMP for the entire Work (or portions thereof) will be presented
in a format acceptable to City and consistent with City’s request for a GMP. City
may request a GMP for all or any portion of the Project at such time as the City
and CMAR agree the Drawings and Specifications are sufficiently complete.
Any GMP submitted by CMAR will be based on, and consistent with, the current
updated and revised Cost Model at the time of the request, the associated
estimates for construction costs, and include any clarifications or assumptions
upon which the GMPs are based, which shall include, but not be limited to:
(a)
a list of the Drawings and Specifications, including all Addenda, which
were used in preparation of the GMP Proposal;
(b)
a list of Allowances and a statement of their basis;
(c)
a list of the assumptions and clarifications made by CMAR in the
preparation of the GMP Proposal to supplement the information contained
in the Drawings and Specifications;
(d)
the Date of Substantial Completion or the Date of Final Acceptance upon
which the proposed GMP is based, and the schedule of Work upon which
the Date of Substantial Completion or the Date of Final Acceptance is
based;
(e)
a schedule of applicable alternate prices.
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11.2.
GMPs for the entire Project shall be the sum of the maximum Cost of the Work
and include the Construction Fee, General Conditions Cost, taxes, insurance, and
bonds. CMAR guarantees to complete the Project at or less than the final
approved GMP, and agrees that it will be solely responsible for the costs of
completing the Work that exceed the GMP, as adjusted in accordance with this
Contract.
11.3.
CMAR, in preparing any GMP, shall obtain from Design Professional three sets
of signed, sealed, and dated construction documents, including all Addenda.
CMAR will prepare its GMP requirements based on the most current completed
construction documents at that time. CMAR will provide one set of those
documents to the Engineer, retain one set, and return the third set to Design
Professional.
11.4.
An updated and revised Project schedule shall be included with any GMP that
reflects the scope of work shown in the current set of design documents upon
which the GMP is based. Any such Project schedule updates and revisions will
continue to comply with the requirements of Section 3 of this Contract.
11.5.
In the event CMAR elects to maintain Allowances within the GMP, the criteria
for development of those Allowances must be approved by City. In addition,
the terms and conditions regarding use of Allowances during the construction
phase will be established by City and reflected in the Contract for that phase of
the Project.
12.
REVIEW AND APPROVAL OF GMP PROPOSAL(S)
12.1.
CMAR shall meet with the Project Manager or Design Professional to review
any GMP Proposal and the written statement of its basis. In the event the Project
Manager or Design Professional discovers inconsistencies or inaccuracies in the
information presented, CMAR shall make adjustments as necessary to the GMP
Proposal.
12.2.
Upon receipt of any GMP Proposal from CMAR, City may submit the same
documents that were used by CMAR in developing the GMP Proposal to an
independent third party or to the Design Professional for review and verification.
The third party or Design Professional shall develop an independent estimate of
the Cost of the Work and review the Project schedule for the associated scope of
the GMP Proposal.
12.3.
If CMAR GMP Proposal is greater than the independent third party or Design
Professional’s estimate, City may require CMAR to reconfirm the GMP
Proposal. CMAR will review the independent third party’s or Design
Professional’s estimate for the Cost of Work and present a report to City within
seven Calendar Days of a written request by City identifying, explaining, and
substantiating the differences. CMAR may be requested to submit a revised
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GMP Proposal for consideration by City. At that time City may do one of the
following:
12.3.1. Accept CMAR GMP Proposal in City’s sole discretion.
12.3.2. Reject CMAR’s GMP Proposal. City may terminate this Contract or
elect not to enter into a Contract with CMAR for the construction phase
of this Project; or,
12.3.3. Take other actions deemed appropriate by City.
12.4.
If during the review and negotiation of the GMP Proposal, design changes are
required and agreed upon, City will authorize and cause the Design Professional
to revise the construction documents to the extent necessary to reflect the agreed
upon assumptions and clarifications contained in the final approved GMP. Such
revised construction documents will be furnished to CMAR. CMAR will
promptly notify the Design Professional and City if any such revised
construction documents are inconsistent with the agreed upon assumptions and
clarifications.
13.
SUBCONTRACTOR AND SUPPLIER SELECTIONS
13.1. CMAR shall select Subcontractors as set forth in A.R.S. § 34-603. CMAR
hereby warrants that it has complied with the applicable provisions of A.R.S. §
34-603 in its selection of any Subcontractor and agrees to hold harmless and
indemnify City for any statutory noncompliance provided the City has not
required the use of and or selected a specific Subcontractor for CMAR to use.
13.2. All Subcontractors doing Work in excess of $100,000 shall maintain, during the
course of the Contract, health insurance for all employees working on this
Project and will offer health insurance coverage to eligible dependents of such
employees as required by City of Tempe Guidelines for Implementation of
Health Insurance, and Resolution No. 2000.73.
13.3. City reserves the right to request a completed bid tabulation from CMAR within
a reasonable time after the closing of the bid opening proceedings.
13.4. Prior to the submittal of the GMP Proposal, CMAR will deliver to City a written
notice of intent to award, itemizing the Subcontractors and Suppliers selected by
CMAR. The notice of intent to award will detail: (a) for each Subcontractor
agreement, the amount of the bid and the corresponding Subcontractor or
Supplier; (b) the sum of bids received for all intended Subcontractor agreements;
and (c) trade work that CMAR intends to self-perform, if any.
13.5. CMAR will distribute Drawings and Specifications, and when appropriate,
conduct a pre-bid conference with prospective Subcontractors.
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13.6. City will conduct a conference with CMAR and other Project Team members.
At the conference, CMAR will: (a) discuss City concerns relating to any
proposed self-performed Work; (b) review CMAR’s proposed Contract price for
the Work during the construction phase; (c) discuss the conditions, if any, under
which City will agree to leave any portion of the remaining Project Contingency
within the Contract price for the construction phase work; (d) resolve possible
scheduling issues with the commencement date of the Contract for the
construction phase work; (e) schedule the pre-construction conference; and, (f)
discuss other matters as needed.
14.
INSURANCE
Without limiting any of their obligations or liabilities, CMAR, at its own expense, shall
purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance, and with
forms reasonably satisfactory to City. Each insurer shall have a current A.M. Best
Company, Inc., rating of not less than A-VII. Use of alternative insurers requires prior
approval from City.
14.1.
General Clauses.
14.1.1. Negligent Acts or Omissions. All insurance policies shall apply to the
negligent acts or omissions of CMAR, its officers, agents, employees,
and for CMAR’s legal responsibility for the negligent acts or omissions
of its consultants and anyone directly or indirectly under its control,
supervision, or employ, or that of CMAR’s Subcontractors or
subconsultants.
14.1.2. Additional Insured. The insurance coverage, except workers’
compensation and professional liability, required by this Contract, shall
name City, its agents, representatives, directors, officials, and
employees, as additional insured, and shall specify that insurance
afforded CMAR shall be primary insurance, and that any self-insured
retention and or insurance coverage carried by City or its employees
shall be excess coverage, and not contributory coverage to that
provided by CMAR. This provision and the naming of the City as an
additional insured shall in no way be construed as giving rise to the
responsibility or liability of the City for applicable deductible amounts
under such policy(s).
14.1.3. Coverage Term. All insurance required herein shall be maintained in
full force and effect until the services required to be performed under
the terms of this Contract are satisfactorily completed and formally
accepted; failure to do so may constitute a material breach of this
Contract, at the sole discretion of City.
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14.1.4. Primary Coverage. CMAR’s insurance shall be primary insurance as
respects City and any insurance or self-insurance maintained by City
shall be in excess of CMAR’s insurance and shall not contribute to it.
14.1.5. Claim Reporting. CMAR shall not fail to comply with the claim
reporting provisions of the policies or cause any breach of a policy
warranty that would affect coverage afforded under the policy to
protect City.
14.1.6. Waiver. The policies for workers’ compensation and general liability
shall contain a waiver of transfer rights of recovery (subrogation)
against City, its agents, representatives, directors, officers, and
employees for any claims arising out of the work of CMAR.
14.1.7. Deductible/Retention. The policies may provide coverage which
contains deductibles or self-insured retentions. Such deductible or self-
insured retentions shall not be applicable with respect to the coverage
provided to City under such policies. CMAR shall be solely
responsible for deductible or self-insured retentions and City may
require CMAR to secure the payment of such deductible or self-insured
retentions by a surety bond or an irrevocable and unconditional letter
of credit.
14.1.8. Policies and Endorsements. City reserves the right to request and to
receive, within ten Calendar Days, information on any or all of the
above policies or endorsements.
14.1.9. Certificates of Insurance. Prior to commencing services under this
Contract, CMAR shall furnish City with Certificates of Insurance or
formal endorsements as required by the Contract issued by CMAR’s
insurer(s), as evidence that policies providing the required coverages,
conditions and limits required by this Contract are in full force and
effect. Such certificates shall identify this Contract number and shall
provide for not less than 30 Calendar Days advance written notice by
certified mail of cancellation or termination.
14.1.10. Subconsultants and Subcontractors. CMAR shall include all
subconsultants and Subcontractors as insured under its policies.
14.2.
Workers’ Compensation.
14.2.1.
CMAR shall carry workers’ compensation insurance to cover
obligations imposed by federal and state statutes having jurisdiction
of CMAR employees engaged in the performance of the services and
employer’s liability insurance of not less than $100,000 for each
accident, $100,000 disease coverage for each employee, and $500,000
disease policy limits.
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14.2.2.
In case services are subcontracted, CMAR will require the
Subcontractor to provide workers’ compensation and employer’s
liability to at least the same extent as provided by CMAR.
14.3.
Automobile Liability. CMAR shall carry commercial/business automobile
liability insurance with a combined single limit for bodily injury and property
damages of not less than $1,000,000 each occurrence, regarding any owned,
hired, and non-owned vehicles assigned to or used in performance of CMAR’s
services. Coverage will be at least as broad as coverage Code 1 “any auto”
(Insurance Service Office policy form CA 00 01 or any replacements thereof).
Such coverage shall include coverage for loading and unloading hazards.
14.4. Commercial General Liability.
14.4.1.
CMAR shall carry commercial general liability insurance with
unimpaired limit of not less than $1,000,000 for each claim with a
$2,000,000 general aggregate limit. The general aggregate limit shall
apply separately to the services under this Contract, or the general
aggregate shall be twice the required per claim limit. The policy shall
be primary and include coverage for bodily injury including death,
property damage, personal injury, products, completed operations
and blanket contractual covering, but not limited to, the liability
assumed under the indemnification provisions of this Contract, which
coverage shall be at least as broad as Insurance Service Office policy
form CG 00 01 or any replacement thereof.
14.4.2.
In the event the general liability insurance policy is written on a
claims made basis, coverage shall extend for two years past
completion and acceptance of the services as evidenced by annual
certificates of insurance.
14.4.3.
Such policy shall contain a severability of interest provision (also
known as cross-liability and separation of insured).
14.5. Property Coverage. CMAR shall purchase and maintain, in a company or
companies lawfully authorized to do business in the jurisdiction in which the
Project is located, property insurance written on a builders risk “all-risk” or
equivalent policy form in the amount of the initial Contract sum, plus value of
subsequent Contract modifications and cost of materials supplied or installed
by others, comprising total value for the entire Project at the site on a
replacement cost basis. This insurance shall include interests of the City, the
CMAR, Subcontractors and its subcontractors in the Project, and shall include
insurance against the perils of fire and physical loss or damage including,
without duplication of coverage, theft, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, falsework, testing and startup,
temporary buildings and debris removal, including demolition occasioned by
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enforcement of any applicable legal requirements and coverage for valuable
papers.
City and CMAR waive all rights against each other and against all
Subcontractors, sub-Subcontractors, material Suppliers, and the Design
Professional, for damages caused by fire or other perils covered by Builder’s
Risk or any other property insurance, except such rights as they may have to
the proceeds of such insurance. Such insurance may be subject to an amount
deductible from the sums otherwise payable thereunder and the burden of such
deduction shall be borne by the CMAR. The Owner or CMAR, as appropriate,
shall require of the Design Professional, Design Professional’s consultants,
separate contractors, if any, and the Subcontractors, sub-Subcontractors,
agents, and employees of any of them, by appropriate agreements, written
where legally required for validity, similar waivers each in favor of other
parties enumerated herein.
14.6. Health Insurance Requirements.
All consultants and general contractors, who bid on projects or enter into
public works contracts, in excess of $100,000 or the current Council approval
contract limit in place at the time the contract is executed, with the City of
Tempe, after January 1, 2001, are required to sign an affidavit in the form
attached hereto. The general contractor shall be responsible for ensuring that
the subcontractors comply with the health insurance requirements.
Health insurance is required for all employees, except for those employees who
work less than one hundred and twenty (120) days in any calendar year. A
“workday” consists of any time within a twenty-four-hour period, regardless
of number of hours, that the individual is paid.
The level of health insurance provided shall be determined by each employer
but should be no less than that provided by the Arizona Cost Containment
Health System.
All complaints concerning violations of the health insurance requirements shall
be filed, in writing, with the Public Work's Department, within five (5) days
from discovery of the violation. An administrative hearing will be held before
the Public Works Director, and a written decision of findings will be provided
to the parties to the hearing within ten (10) days thereafter. Appeal from the
decision of the Public Works Director may be made within ten (10) days of the
date of the decision by filing a notice of appeal in writing with the Public Works
Department. If an appeal is timely filed, an administrative hearing will be held
before an administrative hearing officer appointed by the City Manager. The
decision of the administrative hearing officer shall be final.
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In the event of a finding of violation of the insurance provisions, the company
in violation of the provision shall be barred from bidding on, or entering into,
any public works contract with the City for a period of three (3) years.
All consultants and contractors subject to the health insurance requirements
shall post, in English and Spanish, notice of the health insurance requirements
at the job site. Signs for posting will be provided by the City.
15.
PROJECT DOCUMENTS AND COPYRIGHTS
15.1. City Ownership of Project Documents. All work products (electronically or
manually generated) prepared in the performance of this Contract including but not
limited to, plans, Drawings, Specifications, cost estimates, tracings, studies, design,
analysis, CADD files, and related products, are the property of City and are to be
delivered to City before the final payment is made to CMAR. Only if previously
approved in writing by City, CMAR may retain originals and supply City with
reproducible copies of the Work.
15.2. Documents to Bear Seal. When applicable and as required by law, CMAR and its
Subcontractors will endorse by professional seal all plans, Works, and Deliverables
prepared by them for this Contract.
16.
CONFLICT OF INTEREST
16.1. CMAR agrees to disclose any financial or economic interest in the Project property,
or any property affected by the Project, existing prior to the execution of this
Contract. Further, CMAR agrees to disclose any financial or economic interest
with the Project property, or any property affected by the Project, if CMAR gains
such interest during the course of this Contract. Only if previously approved in
writing by City, CMAR may retain originals and supply City with reproducible
mylar copies of the Work.
16.2. If CMAR gains financial or economic interest in the Project during the course of
this Contract, this may be grounds for terminating this Contract at the sole
discretion of City.
16.3. CMAR shall not engage the services on this Contract of any present or former City
employee who was involved as a decision maker in the selection or approval
processes, or who negotiated or approved billings or Contract modifications for this
Contract.
16.4. To evaluate and avoid potential conflicts of interest, CMAR will provide written
notice to City, as set forth in this section, of any Work or services performed by
CMAR for third parties that may involve or be associated with any real property or
personal property owned or leased by City.
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16.5. Actions considered to be adverse to City under this Contract include but are not
limited to:
16.5.1. Using Data as defined in the Contract, acquired in connection with this
Contract, to assist a third-party pursuing administrative or judicial action
against City.
16.5.2. Testifying or providing evidence on behalf of any person in connection with
an administrative or judicial action against City.
16.5.3. Using Data to produce income for CMAR or its employees independently
of performing the services under this Contract, without the prior written
consent of City.
16.6. CMAR represents that except for those persons, entities, and Projects previously
identified in writing to City, the services to be performed by CMAR under this
Contract are not expected to create an interest with any person, entity, or third-party
Project that is or may be adverse to the interests of City.
16.7. CMAR’s failure to provide a written notice and disclosure of the information as set
forth in this section will constitute a material breach of this Contract.
17.
COVENANT AGAINST CONTINGENT FEES
CMAR affirms that it has not employed or retained any company or person, other than a
bona fide employee working for CMAR, to solicit or secure this Contract, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other consideration contingent
upon or resulting from the award or making of the Contract. For breach or violation of this
clause, City shall terminate this Contract or in its discretion may deduct from the Contract
price or otherwise recover, the full amount of such fee, commission, percentage brokerage
fee, gift, or contingent fee from CMAR.
18.
INDEMNIFICATION
To the fullest extent permitted by law, CMAR shall indemnify and hold harmless City, its
officers, and its employees, from liabilities, damages, losses, and costs, including
reasonable attorney fees and court costs, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of CMAR, its Subcontractors, design
professionals, or other persons employed or used by CMAR in the performance of the
Contract or subcontract. Nothing in this section shall prohibit the requirement of insurance
coverage that complies with this section, including the designation of any person as an
additional insured on a general liability insurance policy or as a designated insured on an
automobile liability policy. The amount and type of insurance coverage requirement set
forth herein will in no way be construed as limiting the scope of the indemnity in this
paragraph.
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19.
DISPUTE RESOLUTION
In the event of a dispute between the parties regarding any provision of this Contract, a
party’s performance of its obligations as stated in this Contract or any other matter
governed by the terms of this Contract, the parties will meet in good faith to attempt to
resolve the dispute. If the parties fail to resolve the dispute, then City may pursue any and
all remedies provided by law or in equity. The exercise of any one of City’s remedies shall
not preclude subsequent or concurrent exercise of further or additional remedies.
20.
ADDITIONAL SERVICES
Additional services which are outside the scope of basic services contained in this Contract
shall not be performed by CMAR without prior written authorization from City. Additional
services, when authorized by an agreement or an Amendment to this Contract shall be
compensated for by a fee mutually agreed upon between City and CMAR.
21.
ALTERATION IN CHARACTER OF WORK
In the event an alteration or modification in the character of Work or Deliverable results in
a substantial change in this Contract, thereby materially increasing or decreasing the scope
of services, costs of performance or Project schedule, the Work or Deliverable will
nonetheless be performed as directed by City. However, before any altered or modified
Work begins, a Change Order or Amendment must be approved and executed by City, and
executed by CMAR. Such Change Order or Amendment will not be effective unless
approved by City. Additions to, modifications, or deletions from the Project provided
herein may be made, and the compensation to be paid to CMAR may be adjusted by mutual
agreement of the contracting parties. No claim for extra Work done or materials furnished
by CMAR will be allowed by City except as provided herein, nor will CMAR do any Work
or furnish any material(s) not covered by this Contract unless such Work or material is
previously authorized in writing by City. Work or material(s) furnished by CMAR without
such prior written authorization shall be at CMAR’s sole jeopardy, cost and expense, and
CMAR hereby agrees that without prior written authorization no claim for compensation
for such Work or materials furnished will be made.
22.
SUCCESSORS AND ASSIGNS
City and the CMAR will each bind itself, and their partners, successors, assigns, and legal
representatives to the other party to this Contract and to the partners, successors, assigns,
and legal representatives of such other party in respect to all covenants of this Contract.
Neither City nor the CMAR will assign, sublet, or transfer its interest in this Contract
without the prior written consent of the other. In no event will any contractual relation be
created or be construed to be created as between any third party and City.
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23.
COMPLETENESS AND ACCURACY OF CMAR’S WORK
CMAR is solely responsible for the completeness and accuracy of all its reviews, reports,
supporting Data, and other pre-construction phase Deliverables prepared or compiled
pursuant to its obligations under this Contract, and will at its sole expense correct its Work
or Deliverables. Acceptance or approval of CMAR’s Work or Deliverables by City does
not relieve or diminish CMAR’s responsibilities under the Contract nor does this
requirement to correct the Work or Deliverable constitute a waiver of any claims or
damages otherwise available in law or in equity to City.
24.
DISSEMINATION OF DATA
24.1. The parties agree that all Data, including originals, images, and reproductions
prepared by, obtained by, or transmitted to CMAR in connection with CMAR’s
performance of this Contract is the sole property of City.
24.2. CMAR shall not divulge Data to any third party without prior written consent of
City. CMAR will not use the Data for any purposes except to perform the services
required under this Contract. However, these prohibitions do not apply to the
following Data, provided CMAR first provides the required notice to City:
24.2.1. Data which were known to CMAR prior to its performance under this
Contract unless such Data was acquired in connection with work
performed for City;
24.2.2. Data which was acquired by CMAR in its performance under this Contract
and which was disclosed to CMAR by a third party, who to the best of
CMAR’s knowledge and belief had the legal right to make such disclosure
and CMAR is not otherwise required to hold such Data in confidence; or
24.2.3. Data which is required to be disclosed by CMAR by law, regulation, or
court order.
24.3. In the event a third party requires or requests CMAR to disclose Data or any other
information to which CMAR became privy as a result of any other contract with
City, CMAR will first notify City as set forth in this section of the request or
demand for such Data. CMAR will timely give City sufficient facts such that City
has a meaningful opportunity to either first give its consent or take such action that
City may deem appropriate to protect such Data or other information from
disclosure.
24.4. CMAR, unless prohibited by law, within ten Calendar Days after completion of
services for a third party on real or personal property owned or leased by City, will
promptly deliver, as set forth in this section, a copy of all Work products and Data
to City. All Data will continue to be subject to the provisions of this section.
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24.5. CMAR assumes all liability for maintaining the Data in its possession and agrees
to compensate and indemnify City if any of the provisions of this section are
violated by CMAR, its employees, agents, authorized assigns, subconsultants, or
Subcontractors. A breach of this section shall be deemed to cause irreparable harm
to City that justifies injunctive relief.
25.
PROJECT STAFFING
25.1. Prior to the start of any Work or Deliverable under this Contract, and in response
to City’s request for qualifications or subsequent fee proposals and revisions
thereto, CMAR will submit to City an organizational chart for CMAR staff and
Subcontractors and detailed resumes of key personnel involved in performing the
services prescribed in the Contract. Unless otherwise informed, City hereby
acknowledges its acceptance of such personnel to perform such services under this
Contract. In the event CMAR desires to change such key personnel from
performing such services under this Contract, CMAR will submit the qualifications
of the proposed substituted personnel to City for prior approval. Key personnel
include, but are not limited to, principal-in-charge, Project manager,
superintendent, Project director or those persons specifically identified to perform
services of cost estimating, scheduling, value engineering, and procurement
planning.
25.2. CMAR will maintain an adequate number of competent and qualified persons to
ensure acceptable and timely completion of the scope of services described in this
Contract throughout the period of those services. If City objects, with reasonable
cause, to any of CMAR’s staff, CMAR will take prompt corrective action and, if
required, remove such personnel from the Project and replace with other personnel.
26.
INDEPENDENT CONTRACTOR
CMAR is and shall be an independent contractor and whatever measure of control City
exercises over the Work or Deliverables pursuant to the Contract will be as to the results
of the Work only. No provision in this Contract will give or be construed as establishing
an employer/employee relationship, partnership, or joint venture, between City and
CMAR, or cause City to be responsible in any way for the debts or obligations of CMAR.
CMAR must comply with all applicable laws and ordinances pertaining thereto.
27.
SUBCONTRACTORS
Prior to beginning any Work or Deliverables, CMAR will furnish to City the names of all
Subcontractors to be used on this Project. This provision shall in no way be deemed to
diminish CMAR’s responsibility for Subcontractor or impose liability upon City for the
contracting with any Subcontractor.
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28.
SECURE FACILITY ACCESS
Contracts that call for work to be done in any of the City’s secure facilities are subject to
the City’s Secure Facility Access Requirements, which are incorporated herein.
29.
LABOR
CMAR agrees and covenants to use only licensed Subcontractors in the making and or
installation of any and all repairs, alterations, improvements, or other work of CMAR on
the Project. CMAR shall be liable to City for any losses and liabilities associated with any
violation of this provision, and the Contract shall immediately be terminated upon any
violation hereof by CMAR.
30.
WITHHOLDING PAYMENT
City, pursuant to and in accordance with A.R.S. § 34-221 et seq., as they may be amended
from time to time, reserves the right to withhold funds from Progress Payments up to the
amount equal to resolve claims City may have against CMAR, until such time as the
settlement on those claims is reached.
31.
TERMINATION
31.1. City and the CMAR hereby agree to the full performance of the covenants
contained herein, except that in addition to MAG Specifications 108.11 and A.R.S.
§ 38-511, City, at its sole discretion, may terminate this Contract for convenience
or abandon any portion of the Project for which services have not been performed
by the Contractor.
31.2. In the event of such termination or abandonment, City will so notify the CMAR in
writing, and the CMAR will immediately after receiving such notice discontinue
advancing the Work specified under this Contract and mitigate the expenditure, if
any, of costs resulting from such abandonment or termination. The CMAR shall
deliver to City all Drawings, special provisions, field survey notes, reports,
estimates, and any and all other documents or Work product generated by the
CMAR under the Contract, entirely or partially completed, together with all unused
materials supplied by City.
31.3. If City terminates or abandons the Contract due to no fault of the Contractor, the
CMAR will receive compensation in full for services satisfactorily performed to
the date of such termination. The fee will be paid in accordance with Section 4 of
this Contract. However, in no event will the fee exceed that set forth in Section 4
or as amended in accordance with Paragraph 21, “Alteration in Character of Work”.
City shall make final payment within 60 Calendar Days after the CMAR has
delivered the last of the completed items and City has approved and determined the
final fee.
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32.
RECORDS/AUDIT
32.1. Records of CMAR’s direct personnel payroll and reimbursable expenses pertaining
to this Project and records of accounts between City and CMAR will be kept
following generally accepted accounting principles, for a period of five years after
completion of the Contract. City, its authorized representative and or the
appropriate federal agency, reserve the right to audit CMAR’s records to verify the
accuracy and appropriateness of all pricing Data, including Data used to negotiate
this Contract and any attendant Change Orders, for a period of five years after
completion of this Contract. City reserves the right to decrease Contract amount
and or payments made on this Contract if, inter alia, upon audit of CMAR’s
records, the audit discloses that CMAR has provided false, misleading, or
inaccurate cost and or pricing Data.
32.2. CMAR will include a provision in all of its agreements with subconsultants,
Subcontractors, and Suppliers providing services under this Contract to ensure City,
its authorized representative, and or the appropriate governmental agency, has
access to the subconsultants’, Subcontractors’, and Suppliers’ records. City
reserves the right to decrease Contract amount and or payments made on this
Contract if the above provision is not included in subconsultant, Subcontractor, and
Supplier Contracts and one or more of those parties do not allow City to audit their
records to verify the accuracy and appropriateness of pricing Data.
33.
NOTICES
Unless otherwise provided herein, notices and or demands under this Contract shall 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
Business 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:
To City:
Mark A. Weber, P.E.
Deputy Public Works Director/
City Engineer
Public Works Department
Engineering Division
Mail Stop 0108
31 E. 5th Street
Tempe, Arizona 85281
To CMAR:
____________________________
(Printed Name of Signatory)
Felix Construction Company, Inc.
2530 S. 52nd Avenue
Phoenix, Arizona 85043
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34.
COMPLIANCE WITH STATE AND FEDERAL LAWS
34.1. Lawful Presence in the United States. Pursuant to A.R.S. § 1-502, any
individual/sole proprietor who applies for local public benefits by signing this
Contract shall also sign a sworn affidavit (Exhibit “B”) and present one of the
documents listed on the affidavit to verify lawful presence in the United States.
This Contract shall not be fully executed by the City if the individual/sole proprietor
fails to sign the affidavit and present one of the listed documents.
34.2. Specially Designated Nationals and Blocked Persons List. CMAR represents and
warrants to City that neither CMAR nor any affiliate or representative of CMAR:
(a) is listed on the Specially Designated Nationals and Blocked Persons List
maintained by the Office of Foreign Asset Control, Department of the Treasury
(OFAC) pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (“Order”);
(b) is listed on any other list of terrorists or terrorist organizations maintained
pursuant to the Order, the rules and regulations of OFAC or any other applicable
requirements contained in any enabling legislation or other related Order(s); (c) is
engaged in activities prohibited in the Order; or (d) has been convicted, pleaded
nolo contendre, indicted, arraigned, or custodially detained on charges involving
money laundering or predicate crimes to money laundering. In addition, CMAR
certifies that it does not have a scrutinized business operation in either Iran or
Sudan.
34.3. Legal Compliance. CMAR agrees and covenants that it will comply with any and
all applicable governmental restrictions, regulations, and rules of duly constituted
authorities having jurisdiction insofar as the performance of the Work and services
pursuant to the Contract, and all applicable safety and employment laws, rules and
regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-
Healey Act, and the Legal Arizona Workers Act (LAWA), and all amendments
thereto, along with all attendant laws, rules, and regulations. CMAR acknowledges
that a breach of this warranty is a material breach of this Contract and Contractor
is subject to penalties for violation(s) of this provision, including termination of this
Contract. City retains the right to inspect the documents of any and all Contractors,
Subcontractors and sub-Subcontractors performing Work and or services relating
to the Contract to ensure compliance with this warranty. Any and all costs
associated with City inspection are the sole responsibility of CMAR. CMAR
hereby agrees to indemnify, defend, and hold City harmless for, from, and against
all losses and liabilities arising from any and all violations thereof.
34.4. Equal Opportunity. City is an equal opportunity, affirmative action employer.
CMAR hereby covenants that it shall not discriminate unlawfully against any
employee or applicant for employment, nor shall it deny the benefits of this
Contract, to any person on the basis of race, color, creed, religion, ancestry, national
origin, physical or mental disability, age, sex, gender, sexual orientation, gender
identity, marital status, or veteran status with regard to discharging obligations
under this Contract. CMAR covenants and agrees that it will comply in all respects
30
with the applicable provisions of the Executive Order 11246, Title VII of the Civil
Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination
in Employment Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the
Rehabilitation Act, and any other applicable state and federal statutes governing
equal opportunity. CMAR agrees to post hereinafter in conspicuous places,
available for employees and applicants for employment, notices to be provided by
the contracting officer setting for the provisions of this clause.
34.5. Boycott. CMAR certifies that it is not currently engaged in, and agrees for the
duration of this Contract that it will not engage in, a boycott of Israel, as that term
is defined in A.R.S. § 35-393.
34.6. Compliance with Ariz. Rev. Stat. § 35-394. Contractor hereby certifies that it does
not currently, and agrees for the duration of this Agreement, that Contractor will
not, use: 1. The forced labor of ethnic Uyghurs in the People’s Republic of China;
2. Any goods or services produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China; or 3. 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. Contractor hereby agrees to indemnify
and hold harmless the City, its officials, employees, and agents from any claims or
causes of action relating to the City’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the
City in defending such as action.
34.7. CMAR further agrees to include the provisions of this Section 34 in any and all
subcontracts hereunder. Any violation of such provisions shall constitute a material
breach of this Contract.
34.8. Burial and Cultural Discoveries. Personnel working on projects involving ground-
disturbing activity are required to comply with the Salt River Pima-Maricopa Indian
Community (SRPMIC) Statement on Burials and Cultural Resource Discoveries
(the “Statement”), a copy of which can be obtained from the City of Tempe
Historical Preservation Office upon request at 480-350-8870. To comply with the
Statement, Contractor and its’ agents are prohibited from publicly releasing
information about archeological findings or recording (through photos, video, or
other imaging) archaeological resources, including human remains, funerary
objects, or other discoveries.
34.9. Heat Safety Standards for Outdoor Workers. If Contractor's employees or contract
workers will perform work under this Contract in an outdoor environment for a
substantial period of time, the Contractor must have and implement a written plan
listing the preventative and proactive measures that Contractor will take to protect
those employees and contract workers from heat hazards (the "heat safety plan")
while performing that work. The City may request a copy of this heat safety plan
and documentation of all heat safety and mitigation efforts currently implemented
by the Contractor to prevent heat-related illnesses and injuries for work done under
31
this Contract. The heat safety plan must also be posted where it is accessible to
employees.
At a minimum, the heat safety plan must include each of the following elements as
it relates to heat safety:
(1)
The heat safety plan shall address the requirements of Section 13A-102.
(2)
Effective acclimatization practices to promote the physiological adaptation
of employees or contract workers newly assigned or reassigned to work in
an outside environment. An employee who has been newly assigned to a
high heat area shall be closely observed by a supervisor or designee for the
first ten (10) days of the employee's employment. Employers may follow the
Arizona Division of Occupational Safety and Health (ADOSH)
acclimatization recommendations, which prescribe starting with twenty
percent (20%) of a normal workload and progressively increasing it by
twenty percent (20%) each subsequent day.
(3)
Close monitoring and observation of employees working in heat, potentially
including a 'buddy system' where employees are partnered together.
(4)
Communication and emergency response protocols: specifically, a means of
communication between supervisors and employees in the event of a heat-
related emergency.
(5)
Training of employees and contract workers, no later than one (1) week prior
to being deployed to work in an outdoor environment, on heat illness and
injury that focuses on environmental and personal risk factors, prevention,
how to recognize and report signs and symptoms of heat illness and injury
and how to report heat illness and injury to emergency medical personnel.
Employees shall receive at least one (1) additional training session annually
thereafter.
(6)
The posting of signage at the job site that contains information, in both
English and Spanish, explaining how to (a) recognize and report signs and
symptoms of heat illness and injury; (b) administer appropriate first aid
measures, and (c) report heat-related illness and injury to emergency medical
personnel. The signage must also include a phone number for reporting heat
violations to OSHA/ADOSH. The signage must also include a phone
number for reporting heat violations to Occupational Safety and Health
Administration (OSHA), Arizona Division of Occupational Safety and
Health (ADOSH). The signage must indicate that reports may be made
anonymously.
(7)
Providing written notification to all employees and contract workers
regarding their new worker protections under this provision. This
notification shall be provided to existing employees and during the
onboarding process for new employees. The notification shall be provided
32
to each worker in the language preferred by that worker and must be posted
in the workplace. Contractors will incorporate this section in all subcontracts
with subcontractors or other entities or individuals who may perform work
under this Contract, including the requirement that those subcontractors
impose the same obligations under any sub- subcontractors. It is the
obligation of the Contractor to ensure compliance with this provision by its
subcontractors. City may terminate this Contract for failure to comply with
this provision.
35.
ANTIDISCRIMINATION
CMAR shall not refuse to hire or employ or bar or discharge from employment any person,
or discriminate against such person in compensation, conditions, or privileges of
employment because of race, color, gender, gender identity, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status.
CMAR shall provide a copy of its antidiscrimination policy to City to confirm compliance
with this requirement or attest in writing to compliance based upon the criteria outlined in
(Exhibit “C”).
36.
CONTRACTOR’S LICENSE AND PRIVILEGE TAX LICENSE
Prior to award of the Contract, CMAR must provide to City’s Public Works Department,
its contractor’s license classification and number, its City of Tempe privilege tax license
number and its federal tax I.D. number.
37.
FORCE MAJEURE
If either party is delayed or prevented from the performance of any service, in whole or
part, required under this Contract by reason of acts of God or other cause beyond the control
and without fault of that party, financial inability excepted, performance of that act may be
excused at City’s discretion, but only for the period of the delay. The time for performance
of the act will be extended for a period equivalent to the period of delay.
38.
NON-WAIVER PROVISION
The failure of either party to enforce any of the provisions of this Contract or to require
performance by the other party of any of the provisions of this Contract shall not be
construed as a waiver of such provisions nor will it affect the validity of this Contract or
any part thereof or the right of either party to thereafter enforce each and every provision.
33
39.
JURISDICTION
This Contract is made under and will 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. An action to enforce any provision of this Contract or to obtain any remedy with
respect hereto will be brought in the Superior Court, Maricopa County, Arizona, and for
this purpose, each party hereby expressly and irrevocably consents to the jurisdiction and
venue of such court.
40.
ATTORNEYS’ FEES AND COSTS
In the event of any legal action or proceeding arising out of this Contract, the prevailing
party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such
legal action or proceeding, and such fees and costs shall be included in any judgment
rendered as determined by the Court to the extent such claim or action arises out of or is
related to an act, omission, negligence, misconduct, or other fault of the CMAR, its
employees, authorized volunteers, or agents.
41.
SURVIVAL
All warranties, representations and indemnifications by CMAR will survive the completion
or termination of this Contract.
42.
MODIFICATION
No supplement, modification, or Amendment of any term of this Contract will be deemed
binding or effective unless in writing and signed by the parties hereto and in conformation
with provisions of this Contract except as expressly provided herein to the contrary.
43.
SEVERABILITY
If any provision of this Contract or the application thereof to any person or circumstance
is held invalid, illegal, or unenforceable to any extent, the remainder of this Contract and
the application thereof will not be affected and will be enforceable to the fullest extent
permitted by law.
44.
INTEGRATION
This Contract contains the full agreement of the parties hereto. Any prior or
contemporaneous written or oral agreement between the parties regarding the subject
matter hereof is merged and superseded hereby.
45.
TIME IS OF THE ESSENCE
Time of each of the terms, covenants, and conditions of this Contract is hereby expressly
made of the essence.
34
46.
THIRD PARTY BENEFICIARY
This Contract will not be construed to give any rights or benefits in the Contract to anyone
other than City and CMAR. All duties and responsibilities undertaken pursuant to this
Contract will be for the sole and exclusive benefit of City and CMAR and not for the benefit
of any other party.
47.
COOPERATION AND FURTHER DOCUMENTATION
CMAR agrees to provide City such other duly executed documents as may be reasonably
requested by City to implement the intent of this Contract.
48.
EXHIBITS
The parties agree that all references to this Contract include all Exhibits designated in and
attached to this Contract, such Exhibits being incorporated into and made an integral part
of this Contract for all purposes.
49.
CONFLICT IN LANGUAGE
All Work and Deliverables will conform to all applicable City codes, ordinances, and
requirements. If there is a conflict in interpretation between provisions in this Contract and
any Exhibits thereto, the provisions in this Contract will prevail.
50.
HEADINGS
The headings used in the Contract are for ease of reference only and shall not in any way
be construed to limit or alter the meaning of any provision.
51.
NON-APPROPRIATION
City is a government agency that relies upon appropriation of funds by its governing body
to satisfy its obligations. In the event that (1) funds are not appropriated by the City Council
to perform the Work; or (2) funds appropriated or otherwise allocated to perform the Work
become unavailable for payment by City under this Contract, City may either (a) cancel
this Contract without further obligation of City; or (b) delay the Work for a period of six
(6) months, In case of any such delay by City, Consultant/Contractor may suspend
performance of work or services as applicable. The parties retain all rights available under
this Contract to the extent permitted under Arizona law, in the event of termination or
cancellation of this Contract due to lack of funding on the part of the City.
35
52.
ASSIGNMENT OF CLAIMS
City and CMAR recognize that in actual economic practice overcharges resulting from
antitrust violations are in fact borne by City. Therefore, CMAR hereby assigns City any
and all claims for such overcharges. CMAR in all subcontracts shall require all
Subcontractors to likewise assign all claims for overcharges to City.
53.
DISPUTES
Any failure of City to make a decision within a time limit agreed to by both parties and or
Project Team in the normal course of Project Work, shall not be construed as acquiescence
in all or any part of any CMAR claim for relief.
54.
SEXUAL HARASSMENT
Provided the City has supplied this information to CMAR, CMAR shall comply with City’s
current policy regarding sexual harassment. City prohibits sexual harassment by any
person on City’s premises or at any City affiliated functions.
55.
AMENDMENTS
The Contract may not be changed, altered, or amended in any way except in writing signed
by duly authorized representatives of CMAR and City.
56.
CMAR RECORDS
CMAR agrees to retain all records relating to the Contract pursuant to A.R.S. § 35-214, as
Amended from time to time. CMAR agrees to make those records available at all
reasonable times for inspection and audit by City during the term of the Contract and for a
period of five years after the completion of the Contract. The records shall be provided at
the City’s Public Works Department, Engineering Division, Tempe, Arizona, or another
location designated by City upon reasonable notice to CMAR.
57.
NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party acknowledges that it has had an opportunity to review the Contract with
counsel, and such documents shall not be construed against any party that is determined to
have been the drafter of the documents.
58.
INTERPRETATION OF CONTRACT DOCUMENTS
58.1. In the event of omissions in the Contract documents, the following shall apply.
58.1.1. If the Contract is not complete as to any minor detail of a required
construction system or with regard to the manner of combining or
installing of parts, materials, or equipment, but there exists an accepted
36
trade standard for good and skillful construction, pursuant to MAG
Specifications or otherwise, such detail shall be deemed to be an implied
requirement of the Contract in accordance with such accepted trade
standard.
58.1.2. The quality and quantity of parts or materials supplied shall conform to
trade standards and be compatible with the type, composition, strength,
size, and profile of the parts of materials otherwise specified in the
Contract documents.
[SIGNATURE PAGE TO FOLLOW]
37
SIGNATURE PAGE
Wellhead Treatment – Well 10
Project No. 3205018D2
DATED this 8th day of January 2026.
CITY OF TEMPE, ARIZONA
By:
Corey D. Woods, Mayor
By:
Public Works Director
ATTEST:
Recommended By:
Kara A. DeArrastia, City Clerk
Deputy Public Works Director/
City Engineer
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
CMAR warrants that the person who is signing this Contract on behalf of the CMAR is authorized
to do so and to execute all other documents necessary to carry out the terms of this Contract.
CMAR CONTRACTOR:
Felix Construction Company, Inc.
Signature
Printed Name
Title
Email Address
Federal I.D. No./Tax Payer I.D. No.
EXHIBIT A
Pre-Construction Services Fee Proposal
Wellhead Treatment – Well 10
AZ - TX
MAILING ADDRESS: 2530 S. 52nd Ave, Phoenix, AZ 85043
PHONE: 480.464.0011 EMAIL: info@felixconstruction.com
DALLAS OFFICE: 2000 Westridge Drive, Suite 104, Irving, TX 75038
PHONE: 469.458.0011
WEB: felixconstruction.com
Thursday, December 4, 2025
City of Tempe - Engineering
31 E. Fifth St., Garden Level
Tempe, AZ 85281
Attn: Jenny Lopez
RE: 3205018D2 - Wellhead Treatment - Well 10
Subject: Preconstruction Services Proposal
Ms. Lopez,
Attached you will find our Preconstruction Services Proposal for the Wellhead Treatment - Well 10 CMAR
Project. This project will replace the existing Well 10 and expand the site including additional treatment
upgrades. Felix has aligned our preconstruction efforts with expected participation and deliverables for this
project. It is anticipated the total amount for these services is $146,873.72.
Felix agrees to a CMAR Markup Fee of 10% for the Construction Phase of the project.
The anticipated duration of services for this phase is 11 months.
A summary of the work in this proposal includes:
•
Meetings and Site Visits associated with the project
•
Constructability, Bidability & Value Engineering
•
Project Scheduling
•
Cost Modeling & Schedule of Values Development
•
GMP Development
•
Allowances
o Site Investigation & Potholing Allowance
o Owner's Allowance
o Additional Services Allowance
EXHIBIT A
AZ - TX
MAILING ADDRESS: 2530 S. 52nd Ave, Phoenix, AZ 85043
PHONE: 480.464.0011 EMAIL: info@felixconstruction.com
DALLAS OFFICE: 2000 Westridge Drive, Suite 104, Irving, TX 75038
PHONE: 469.458.0011
WEB: felixconstruction.com
Attached to this letter you will find our proposal documents which include:
•
Preconstruction Services Scope
•
Preconstruction Pricing Proposal
•
Preconstruction Services Schedule
Preconstruction Services Schedule
• Preconstruction Services Proposal (Felix) – 12/1/2025
• Preconstruction Services Proposal Council Approval & NTP (COT) – 1/8/2026
• 60% Design Submittal (Wilson) – 3/24/2026
• 60% Cost Model (Felix) – 4/23/2026
• Long Lead GMP 1 (Felix) – 5/5/2026
• 90% Design Submittal (Wilson) – 7/9/2026
• 90% Cost Model (Felix) – 8/6/2026
• GMP 1 Council Approval & NTP (COT) – 6/25/2026
• 95% Design Submittal (Wilson) – 9/3/2026
• Construction GMP 3 (Felix) – 10/28/2026
• Construction GMP 3 Council Approval & NTP (COT) – 12/3/2027
Legal Name: Felix Construction Company
Corporate & "Remit To" Address: 2530 S. 52nd Ave, Phoenix, AZ 85043
Phone Number: 480-464-0011
Contract Signatory: Jason Robinson
Project Manager: Zac Teal
Please submit contract to contracts@felixconstruction.com for processing.
If you have any questions or wish to discuss this matter further, please contact me at (480) 464-0011.
Sincerely,
Jason Robinson
Preconstruction Services Manager
Felix Construction Company
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 1
PRECONSTRUCTION SERVICES NARRATIVE
1.0 GENERAL MEETINGS & SERVICES DEFINITIONS
This section details costs related to the contractor’s general project management efforts and involvement with the typical
meetings listed below held with the client, engineer and project team. Felix internal meetings for Constructability Reviews,
Value Engineering, Scheduling, Cost Modeling, and GMP Preparation, including those necessary for subcontractor and
vendor input, are not included in this section and are detailed in other categories below.
1.1 Preconstruction General Management
Felix will direct and monitor the progress of the design phase to ensure that deadlines are met, that the project budget is not
exceeded and that the client receives a Project that meets their expectations and requirements. Felix will coordinate with the
project team to monitor and address items associated with the project schedule, project budget, and other issues of concern.
1.2 Kickoff Meeting
The purpose of this meeting is to introduce the project team and stakeholders, review the project scope of work, schedule,
and client milestones. At this meeting the contact personnel for all stakeholders will be identified, project scope will be
detailed, design and preconstruction schedule will be defined, permitting will be discussed, communication protocols will be
established, and the project meeting schedule will be developed.
1.3 Design and Preconstruction Progress Meetings
This section includes hours directly related to the project team’s discussions and review of design documents in preparation
for cost modeling and JOC developments. Felix will attend and participate in the design review meetings for the anticipated
frequency and duration of the design process. At these meetings, Felix will present their constructability comments associated
with the current design package. Felix will gather information during the design review meeting necessary to develop the
project schedule and cost model associated with the current design package.
- Felix assumes that Progress Meetings will be monthly for approximately 8 months.
1.4 Cost Model / GMP Review Meetings
This section includes hours for cost model and deliverable reviews with the project team. These meetings will be held
following the 60% and 90% cost models are complete. Felix will gather feedback from the design review meetings, and our
constructability review comments, and these will be incorporated into the Cost Model for the given level of design (60% and
90%).
Deliverables:
- Felix will present their constructability comments associated with the current design package during the Progress Meetings
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 2
and Design Review Meetings.
- Prepare a Comments Resolution Meeting using COT Excel file and incorporate in the GMP submittal.
1.5 Design Review Meetings
This section includes hours directly related to the project team’s discussions and review of design documents in preparation
for cost modeling and JOC developments. Felix will attend and participate in the design review meetings at the 60% and 90%
design iterations. At these meetings, Felix will present their constructability comments associated with the current design
package. Felix will gather information during the design review meeting necessary to develop the project schedule and cost
model associated with the current design package.
2.0 CONSTRUCTABILITY & BIDDABILITY REVIEW
Upon receipt of each design package (60% and 90%) Felix will perform an evaluation of the design as it relates to
constructability, biddability, construction means, methods, sequences, and techniques, as well as any safety considerations.
Our focus during this review process will be to enhance project value, construction efficiency, and propose alternate
approaches based on our experience with the client and other similar projects. We will compile this evaluation into a list of
recommendations and clarification questions to present and discuss at the design review meetings referenced above.
2.1 30% Constructability & Biddability Review - Not utilized
2.2 60% Constructability & Biddability Review
2.3 90% Constructability & Biddability Review
Deliverables: Draft and Final Design Review Comments & Log
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 3
3.0 VALUE ENGINEERING
This section includes hours related to Value Engineering on the project. Felix will review plans and specifications for potential
cost saving and added value ideas. When this effort is complete, Felix will submit a Value Engineering Report detailing the
options. Selected options will be incorporated into the design.
4.0 PROJECT SCHEDULING
Following the kick-off meeting, Felix will work with the design engineer to develop a preliminary project schedule reflecting our
understanding of the key project milestones and deliverable dates. At each design stage, this project schedule will be
updated, and additional detail added to track the design progress, as well as identify key activities associated with material
procurement and construction that will drive the project’s overall critical path. This schedule will be presented for review at
each Cost Model review meeting.
4.1 30% Schedule Update - Not utilized
4.2 60% Schedule Update
This section includes hours for initial schedule brainstorming and development including sequencing of the work with
assumed durations and lead times including utility coordination milestones and major transitional phases of the project.
4.3 90% Schedule Update
This section includes hours for updating and detailing a 90% project schedule.
4.4 Final GMP Schedule
This section includes hours for updating and detailing a GPM schedule to accompany the final GMP.
5.0 COST MODELS & GMP PROPOSALS
Felix will begin the development of the Cost Model. Questions and comments for the design engineer will be compiled and
addressed in the design review meetings and taken into account for the Cost Model. The Cost Model will be comprehensive
of the entire project and will be accompanied by an update project schedule.
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 4
5.1 30% Cost Modeling - Not utilized
5.2 60% Cost Modeling
Upon receipt of the 60% design package, Felix will begin the development of the Cost Model. Questions and comments for
the design engineer will be compiled and addressed in the design review meetings and taken into account for the Cost Model.
5.3 90% Cost Modeling, Bid Solicitation & GMP Development
Upon receipt of the 90% design package, we will perform a final biddability review of the design documents and we will begin
to solicit quotes from subcontractors and vendors. During this phase, Felix will coordinate a site visit for all potential
subcontractors to view the project site and current conditions prior to the bid date. Answers to questions and clarification
issued from the 90% design review meeting will be issued to the bidders as addendum by Felix. We typically set the bids to
be due from subcontractors and vendors approximately four weeks after the 90% design review meeting. Following receipt of
the bids, we require an additional week during this phase to compile the final Cost Model, which becomes the first draft of the
GMP.
5.4 Final GMP Adjustments
After the Draft GMP is reviewed by the City, the final GMP will be presented taking into account the City, the Engineer, and
stakeholder's comments and any other adjustments will be made.
PROJECT ALLOWANCES
$50,000 is set aside for Site Investigation & Potholing.
$10,000 is set aside for Owner's Allowance.
Due to the nature of this project, additional services may be required during Felix's pre-construction services for unforeseen
circumstances or conditions. The Owner's Allowance is intended for additional services that are found by the City to be
required for completion of the project. All tasks completed under this allowance shall be authorized in advance, in writing, by
the City's Engineering Project Manager.
EXCLUSIONS
- Any and all construction activities
- Permits
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 5
- Material Costs
- Taxes
- Bonds
PROJECT TEAM
Preconstruction Manager: Jason Robinson
Preconstruction Engineer: Victoria Morin
Estimator: Robert Salazar
Project Manager: Zac Teal
Project Engineer: Sam Shumaker
Superintendent: Travis Barrick
Subcontractors: No subcontractors are anticipated for the Preconstruction phase.
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 6
Preconstruction Service Cost Summary
Description
Man Hours
Total Project Fee
Division 00 - Preconstruction Services
1.1 - Preconstruction General Management
60.00
8,036.00
1.2 - Kickoff Meeting
6.50
862.03
1.3 - Design and Preconstruction Progress Meetings (Assumes 1 Meeting per Month for 8 Months)
44.00
6,093.16
1.4 - Cost Model / GMP Review Meetings (60%, 90%, LLP, & Final)
26.00
3,446.40
1.5 - Design Review Meetings (QTY 3)
24.00
3,228.36
2.2 - 60% Constructability & Biddability Review
28.00
3,782.90
2.3 - 90% Constructability & Biddability Review
28.00
3,782.90
3.1 - Value Engineering Review
59.00
8,119.00
4.2 - 60% Schedule Development
10.00
1,378.42
4.3 - 90% Schedule Update
18.00
2,422.03
4.4 - Final GMP Schedule
12.00
1,582.36
5.1 - Long Lead Procurement, Bid Solicitation & GMP Development
37.00
5,211.42
5.2 - 60% Cost Modeling
91.00
13,045.76
5.3 - 90% Cost Modeling, Bid Solicitation & GMP Development
141.00
20,115.12
5.4 - Final GMP Adjustments
35.00
4,907.72
Division 00 - Preconstruction Services Totals
619.5
$86,013.58
Bonds and Insurance
Description
Percentage
Totals
Sub-Total (Bonds and Insurance)
Insurance
1.00%
$860.14
Sub-Total (Bonds and Insurance) Total
$86,873.72
AZ Gross Receipt Tax
Description
Percentage
Totals
Sub-Total (Bonds and Insurance)
$86,873.72
Sub-Total (Taxes) Total
$86,873.72
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 7
Contingencies
Description
Percentage
Amount
Totals
Sub-Total (Taxes)
$86,873.72
Sub-Total (Project Contingencies) Total
$86,873.72
Allowances
Description
Percentage
Amount
Totals
Sub-Total (Project Contingencies)
$86,873.72
Site Investigation & Potholing Allowance
0.00%
50,000.00
$50,000.00
Owner's Allowance
0.00%
10,000.00
$10,000.00
Sub-Total (Project Allowances) Total
$146,873.72
Preconstruction Grand Total
Description
Totals
Sub-Total (Project Allowances)
$146,873.72
Total Estimate Total
$146,873.72
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 8
Preconstruction Services Cost Detail
Description
Man Hours
Unit Cost
Total Direct Cost
Division 00 - Preconstruction Services
1.1 - Preconstruction General Management
TE - Preconstruction Manager
40.00
143.68
5,747.20
TE - Preconstruction Project Engineer
20.00
114.44
2,288.80
1.1 - Preconstruction General Management Totals
60.0
$8,036.00
1.2 - Kickoff Meeting
TE - Preconstruction Manager
1.00
143.68
143.68
TE - Preconstruction GC Estimator
1.00
145.17
145.17
TE - Preconstruction Coordinator
0.50
52.20
26.10
TE - Preconstruction Manager Electrical
1.00
143.68
143.68
TE - Preconstruction Project Engineer
1.00
114.44
114.44
TE - Preconstruction Estimator Electrical
1.00
145.23
145.23
TE - Preconstruction GC Project Manager
1.00
143.73
143.73
1.2 - Kickoff Meeting Totals
6.5
$862.03
1.3 - Design and Preconstruction Progress Meetings (Assumes 1 Meeting per Month for 8 Months)
TE - Preconstruction GC Project Manager
8.00
143.73
1,149.84
TE - Preconstruction GC Superintendent
4.00
140.34
561.36
TE - Preconstruction Manager Electrical
4.00
143.68
574.72
TE - Preconstruction Project Engineer
8.00
114.44
915.52
TE - Preconstruction Manager
8.00
143.68
1,149.44
TE - Preconstruction GC Estimator
8.00
145.17
1,161.36
TE - Preconstruction Estimator Electrical
4.00
145.23
580.92
1.3 - Design and Preconstruction Progress Meetings (Assumes 1 Meeting per Month
for 8 Months) Totals
44.0
$6,093.16
1.4 - Cost Model / GMP Review Meetings (60%, 90%, LLP, & Final)
TE - Preconstruction GC Estimator
4.00
145.17
580.68
TE - Preconstruction Estimator Electrical
4.00
145.23
580.92
TE - Preconstruction Coordinator
2.00
52.20
104.40
TE - Preconstruction Manager
4.00
143.68
574.72
TE - Preconstruction Project Engineer
4.00
114.44
457.76
TE - Preconstruction Project Manager Electrical
4.00
143.25
573.00
TE - Preconstruction GC Project Manager
4.00
143.73
574.92
1.4 - Cost Model / GMP Review Meetings (60%, 90%, LLP, & Final) Totals
26.0
$3,446.40
1.5 - Design Review Meetings (QTY 3)
TE - Preconstruction Manager
3.00
143.68
431.04
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 9
Description
Man Hours
Unit Cost
Total Direct Cost
TE - Preconstruction GC Estimator
3.00
145.17
435.51
TE - Preconstruction GC Sr. Project Manager
0.00
0.00
TE - Preconstruction GC Project Manager
3.00
143.73
431.19
TE - Preconstruction GC Superintendent
0.00
0.00
TE - Preconstruction GC Project Engineer
3.00
114.44
343.32
TE - Preconstruction Estimator Electrical
0.00
0.00
TE - Preconstruction Sr. Project Manager Electrical
0.00
0.00
TE - Preconstruction Project Manager Electrical
3.00
143.25
429.75
TE - Preconstruction Superintendent Electrical
0.00
0.00
TE - Preconstruction Project Engineer Electrical
3.00
127.73
383.19
TE - Preconstruction Coordinator
0.00
0.00
TE - Preconstruction Manager Electrical
3.00
143.68
431.04
TE - Preconstruction Project Engineer
3.00
114.44
343.32
1.5 - Design Review Meetings (QTY 3) Totals
24.0
$3,228.36
2.2 - 60% Constructability & Biddability Review
TE - Preconstruction Manager
6.00
143.68
862.08
TE - Preconstruction GC Estimator
2.00
145.17
290.34
TE - Preconstruction GC Sr. Project Manager
2.00
154.18
308.36
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction GC Superintendent
2.00
140.34
280.68
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction Superintendent Electrical
2.00
134.51
269.02
TE - Preconstruction Project Manager Electrical
2.00
143.25
286.50
TE - Preconstruction Manager Electrical
4.00
143.68
574.72
TE - Preconstruction Estimator Electrical
2.00
145.23
290.46
TE - Preconstruction Coordinator
2.00
52.20
104.40
2.2 - 60% Constructability & Biddability Review Totals
28.0
$3,782.90
2.3 - 90% Constructability & Biddability Review
TE - Preconstruction Manager
6.00
143.68
862.08
TE - Preconstruction GC Estimator
2.00
145.17
290.34
TE - Preconstruction GC Sr. Project Manager
2.00
154.18
308.36
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction GC Superintendent
2.00
140.34
280.68
TE - Preconstruction Estimator Electrical
2.00
145.23
290.46
TE - Preconstruction Project Manager Electrical
2.00
143.25
286.50
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction Superintendent Electrical
2.00
134.51
269.02
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 10
Description
Man Hours
Unit Cost
Total Direct Cost
TE - Preconstruction Manager Electrical
4.00
143.68
574.72
TE - Preconstruction Coordinator
2.00
52.20
104.40
2.3 - 90% Constructability & Biddability Review Totals
28.0
$3,782.90
3.1 - Value Engineering Review
TE - Preconstruction Manager
6.00
143.68
862.08
TE - Preconstruction GC Sr. Project Manager
1.00
154.18
154.18
TE - Preconstruction Manager Electrical
8.00
143.68
1,149.44
TE - Preconstruction Project Engineer
8.00
114.44
915.52
TE - Preconstruction Project Manager Electrical
1.00
143.25
143.25
TE - Preconstruction GC Project Manager
1.00
143.73
143.73
TE - Preconstruction GC Estimator
16.00
145.17
2,322.72
TE - Preconstruction Estimator Electrical
16.00
145.23
2,323.68
TE - Preconstruction Coordinator
2.00
52.20
104.40
3.1 - Value Engineering Review Totals
59.0
$8,119.00
4.2 - 60% Schedule Development
TE - Preconstruction Manager Electrical
2.00
143.68
287.36
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction Manager
4.00
143.68
574.72
4.2 - 60% Schedule Development Totals
10.0
$1,378.42
4.3 - 90% Schedule Update
TE - Preconstruction Coordinator
1.00
52.20
52.20
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction GC Project Engineer
1.00
114.44
114.44
TE - Preconstruction GC Sr. Project Manager
2.00
154.18
308.36
TE - Preconstruction GC Superintendent
2.00
140.34
280.68
TE - Preconstruction Manager
2.00
143.68
287.36
TE - Preconstruction GC Project Manager
4.00
143.73
574.92
TE - Preconstruction Sr. Project Manager Electrical
1.00
154.18
154.18
TE - Preconstruction Superintendent Electrical
1.00
134.51
134.51
TE - Preconstruction Project Manager Electrical
2.00
143.25
286.50
4.3 - 90% Schedule Update Totals
18.0
$2,422.03
4.4 - Final GMP Schedule
TE - Preconstruction GC Project Engineer
1.00
114.44
114.44
TE - Preconstruction Sr. Project Manager Electrical
1.00
154.18
154.18
TE - Preconstruction Manager
2.00
143.68
287.36
TE - Preconstruction GC Sr. Project Manager
1.00
154.18
154.18
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 11
Description
Man Hours
Unit Cost
Total Direct Cost
TE - Preconstruction GC Superintendent
1.00
140.34
140.34
TE - Preconstruction Project Manager Electrical
1.00
143.25
143.25
TE - Preconstruction Project Engineer
1.00
114.44
114.44
TE - Preconstruction Superintendent Electrical
1.00
134.51
134.51
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction Coordinator
1.00
52.20
52.20
4.4 - Final GMP Schedule Totals
12.0
$1,582.36
5.1 - Long Lead Procurement, Bid Solicitation & GMP Development
TE - Preconstruction Manager
2.00
143.68
287.36
TE - Preconstruction GC Estimator
15.00
145.17
2,177.55
TE - Preconstruction GC Project Manager
1.00
143.73
143.73
TE - Preconstruction Estimator Electrical
15.00
145.23
2,178.45
TE - Preconstruction Project Manager Electrical
1.00
143.25
143.25
TE - Preconstruction Coordinator
1.00
52.20
52.20
TE - Preconstruction Project Engineer
2.00
114.44
228.88
5.1 - Long Lead Procurement, Bid Solicitation & GMP Development Totals
37.0
$5,211.42
5.2 - 60% Cost Modeling
TE - Preconstruction Coordinator
1.00
52.20
52.20
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction Manager
4.00
143.68
574.72
TE - Preconstruction GC Estimator
40.00
145.17
5,806.80
TE - Preconstruction Estimator Electrical
40.00
145.23
5,809.20
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction Project Manager Electrical
2.00
143.25
286.50
5.2 - 60% Cost Modeling Totals
91.0
$13,045.76
5.3 - 90% Cost Modeling, Bid Solicitation & GMP Development
TE - Preconstruction Coordinator
1.00
52.20
52.20
TE - Preconstruction Estimator Electrical
60.00
145.23
8,713.80
TE - Preconstruction GC Estimator
60.00
145.17
8,710.20
TE - Preconstruction GC Project Manager
2.00
143.73
287.46
TE - Preconstruction Manager
8.00
143.68
1,149.44
TE - Preconstruction Project Engineer
8.00
114.44
915.52
TE - Preconstruction Project Manager Electrical
2.00
143.25
286.50
5.3 - 90% Cost Modeling, Bid Solicitation & GMP Development Totals
141.0
$20,115.12
5.4 - Final GMP Adjustments
TE - Preconstruction Manager
4.00
143.68
574.72
TE - Preconstruction GC Estimator
10.00
145.17
1,451.70
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 12
Description
Man Hours
Unit Cost
Total Direct Cost
TE - Preconstruction Coordinator
1.00
52.20
52.20
TE - Preconstruction Project Manager Electrical
4.00
143.25
573.00
TE - Preconstruction Project Engineer
2.00
114.44
228.88
TE - Preconstruction GC Project Manager
4.00
143.73
574.92
TE - Preconstruction Estimator Electrical
10.00
145.23
1,452.30
5.4 - Final GMP Adjustments Totals
35.0
$4,907.72
Division 00 - Preconstruction Services Totals
619.5
$86,013.58
Bonds and Insurance
Description
Percentage
Totals
Sub-Total (Bonds and Insurance)
Insurance
1.00%
$860.14
Sub-Total (Bonds and Insurance) Total
$86,873.72
AZ Gross Receipt Tax
Description
Percentage
Totals
Sub-Total (Bonds and Insurance)
$86,873.72
Sub-Total (Taxes) Total
$86,873.72
Contingencies
Description
Percentage
Amount
Totals
Sub-Total (Taxes)
$86,873.72
Sub-Total (Project Contingencies) Total
$86,873.72
Allowances
Description
Percentage
Amount
Totals
Sub-Total (Project Contingencies)
$86,873.72
Site Investigation & Potholing Allowance
0.00%
50,000.00
$50,000.00
Owner's Allowance
0.00%
10,000.00
$10,000.00
Sub-Total (Project Allowances) Total
$146,873.72
Wellhead Treatment Well 10
Contact: Jenny Lopez
Felix Project No.: TBD
Date: 12/04/2025
PRECONSTRUCTION SERVICES
PROPOSAL
Page Number: 13
Preconstruction Grand Total
Description
Totals
Sub-Total (Project Allowances)
$146,873.72
Total Estimate Total
$146,873.72
EXHIBIT B
AFFIDAVIT DEMONSTRATING LAWFUL
PRESENCE IN THE UNITED STATES
ARS §§ 1-501 and 502 require any individual person or sole proprietor who applies to the City for a local public benefit (defined
as a grant, contract or loan) to demonstrate his or her lawful presence in the United States. An individual person or sole
proprietor must complete this Affidavit and submit it with the all contract documents, along with a copy of one of the documents
listed below.
ALL VIOLATIONS OF FEDERAL IMMIGRATION LAW SHALL BE REPORTED TO 1-866-347-2423.
LAWFUL PRESENCE IN THE UNITED STATES CAN BE DEMONSTRATED BY
PRESENTATION OF ONE (1) OF THE DOCUMENTS LISTED BELOW.
Please present the document indicated below to the City. If mailing the document, attach a copy of the document to this
Affidavit.
(If the document may not be copied, present the document in person to the City for review and signing of the affidavit.)
1.
An Arizona driver license issued after 1996.
Print first 4 numbers/letters from license:
___ ___ ___ ___
2.
An Arizona non-operating identification License.
Print first 4 numbers/letters:
___ ___ ___ ___
3.
A birth certificate or delayed birth certificate issued in any state, territory, or possession of the United
States.
Year of birth:
: Place of birth:
4.
A United States Certificate of Birth abroad.
Year of birth:
: Place of birth:
5.
A United States passport.
Print first 4 numbers/letters on Passport:
___ ___ ___ ___
6.
A foreign passport with a United States Visa.
Print first 4 numbers/letters on Passport
___ ___ ___ ___
Print first 4 numbers/letters on Visa
___ ___ ___ ___
7.
An I-94 form with a photograph.
Print first 4 numbers on I-94:
___ ___ ___ ___
8.
A United States Citizenship and Immigration Services Employment Authorization Document (EAD).
Print first 4 numbers/letters on EAD:
___ ___ ___ ___
9.
Refugee travel document.
Date of Issuance:
Refugee Country:
10.
A United States Certificate of Naturalization.
Print first 4 digits of CIS Reg. No.:
___ ___ ___ ___
11.
A United States Certificate of Citizenship.
Date of Issuance:
Place of Issuance:
12.
A tribal Certificate of Indian Blood.
Date of Issuance:
Name of Tribe:
13.
A tribal or Bureau of Indian Affairs Affidavit of Birth.
Year of Birth:
Place of Birth:
I DO SWEAR OR AFFIRM UNDER PENALTY OF LAW THAT I AM LAWFULLY PRESENT IN THE UNITED
STATES AND THAT THE DOCUMENT I PRESENTED ABOVE AS VERIFICATION IS TRUE.
Signature
Business/Company (if applicable)
Print Name
Address
Date:
City, State, Zip Code
STATE OF ARIZONA
COUNTY OF MARICOPA
SUBSCRIBED AND SWORN to before me this ___________ day of _____________________ 2025.
[Notary Seal]
Notary Public ______________________________________
EXHIBIT C
COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or
City contractor, because of race, color, gender, gender identity, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status to refuse to
hire or employ or bar or discharge from employment any person, or to discriminate against such
person in compensation, conditions, or privileges of employment.
City vendors and contractors of 15 or more employees shall provide a copy of its antidiscrimination
policy to the City’s procurement officer to confirm compliance with this article. Employers having
14 or less employees may attest in writing to compliance with this article.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing products,
materials, or services.
CONTRACTOR/VENDOR, select one:
Current copy of antidiscrimination policy attached
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be
in compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
____________________________________
Company
EXHIBIT D
CITY OF TEMPE
TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
AFFIDAVIT OF GENERAL CONTRACTOR / PRIME CONSULTANT
REGARDING HEALTH INSURANCE
, Arizona
Date
Wellhead Treatment – Well 10
Project No. 3205018D2
I hereby certify that ______________________________________________ (name of company) currently has, and
all of its major subcontractors/sub-consultants, defined as doing work in excess of $100,000 will have, during the
course of this Contract, health insurance for all employees working on this project and will offer health insurance
coverage to eligible dependents of such employees, as defined in the accompanying Guidelines. The company’s health
insurance is as follows:
Name of Insurance Company: _____________________________________________________
Type of Insurance (PPO, HMO, POS, INDEMNITY): __________________________________
Policy No.: ___________________________________________
Policy Effective Date (MM/DD/YY): ______________________________________
Policy Expiration Date (MM/DD/YY): _____________________________________
Signed and dated at
, this
day of 2025.
General Contractor/Prime Consultant
By:
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
SUBCRIBED AND SWORN to before me this ___________ day of _____________________ 2025.
Notary Public
[Notary Seal]
My commission expires:
____________________________
CITY OF TEMPE
GUIDELINES FOR IMPLEMENTATION OF RESOLUTION NO. 2000.73
These Guidelines are provided for purposes of implementing Resolution No. 2000.73 which
requires that health insurance be provided by all consultants, general contractors and major
subcontractors, as determined at the start of each project, for employees and dependents of
employees. Questions regarding this procedure should be addressed to Tara Ford, Public Works
Director for the City of Tempe.
1. All consultants and general contractors, who bid on projects or enter into public works
contracts, in excess of $100,000 or the current Council approval contract limit in place at the
time the contract is executed, with the City of Tempe, after January 1, 2001, are required
to sign an affidavit in the form attached hereto. The general contractor shall be responsible
for ensuring that the subcontractors comply with the health insurance requirements.
2. Health insurance is required for all employees, except for those employees who work less
than one hundred and twenty (120) days in any calendar year. A “workday” consists of
any time within a twenty-four-hour period, regardless of number of hours, that the
individual is paid.
3. The level of health insurance provided shall be determined by each employer but should
be no less than that provided by the Arizona Cost Containment Health System.
4. All complaints concerning violations of the health insurance requirements shall be filed,
in writing, with the Public Work's Department, within five (5) days from discovery of the
violation. An administrative hearing will be held before the Public Works Director, and
a written decision of findings will be provided to the parties to the hearing within ten
(10) days thereafter. Appeal from the decision of the Public Works Director may be
made within ten (10) days of the date of the decision by filing a notice of appeal in writing
with the Public Works Department. If an appeal is timely filed, an administrative hearing
will be held before an administrative hearing officer appointed by the City Manager.
The decision of the administrative hearing officer shall be final.
5. In the event of a finding of violation of the insurance provisions, the company in violation
of the provision shall be barred from bidding on, or entering into, any public works contract
with the City for a period of three (3) years.
6. All consultants and contractors subject to the health insurance requirements shall post, in
English and Spanish, notice of the health insurance requirements at the job site. Signs for
posting will be provided by the City.
March 24, 2025
Tara Ford, Public Works Director
EXHIBIT E
CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
These guidelines are applicable to all contracts that call for work to be done in any of the City’s secure
facilities and are incorporated by reference into said contracts. Contractors should be advised that there
are separate requirements for General Secure Facilities and Water Utilities Department Secure Facilities.
I.
GENERAL SECURE FACILITIES ACCESS REQUIREMENTS
The Contractor and Third-Party Construction Manager shall provide the City with a 10-year background
check for all employees, including subcontractors, working in any of the City’s secure facilities which
include, but are not limited to, the Tempe Transportation Center, East Valley Bus Operations and
Maintenance Facility, Police Department/Courts Headquarters, and Police Department substations.
Background checks shall be performed by an authorized company capable of conducting a nationwide
search. Background checks shall include, at a minimum, information regarding state and national criminal
and sexual offender information, and a 5-year driving record search. The Contractor and Third-Party
Construction Manager shall be responsible for the cost of all their employee background checks. Below
is a list of automatic and discretionary disqualifiers which may disqualify or make an individual ineligible
to work at any of the City’s secure facilities. The Contractor and Third-Party Construction Manager shall
submit all employee background checks to the City of Tempe for review and authorization before the
contractor employees or subcontractors are issued a Contractor Identification Badge and before being
allowed to work at any of the City’s secure facilities. All authorized contractor, subcontractor and third-
party construction manager employees shall coordinate with the respective facility supervisor to obtain a
contractor identification badge. Contractor and Third-Party Construction Manager employees must wear
their contractor identification badge at-all-times while working at the City’s secure facility.
AUTOMATIC DISQUALIFIERS
The following will disqualify any individual who has, at any time:
•
Has known affiliations with gangs, gang members, terrorist groups and/or individuals,
•
Outstanding felony warrants,
•
Conviction for selling, producing, cultivating, or transporting marijuana for sale,
•
Conviction for producing, cultivating, or transporting any dangerous drugs or narcotics for sale.
DISCRETIONARY DISQUALIFIERS
The following may, upon review by the Tempe Police Department, make an individual ineligible to work
in or around secure areas of City Facilities:
•
Unlawful sexual misconduct;
•
DUI conviction or suspension of your Arizona driver’s license due to a DUI;
•
Commission of a felony;
•
Conviction of a felony or any offense that would be a felony if committed in Arizona;
•
Outstanding misdemeanor warrants;
•
Any other conduct or offense that could jeopardize the safety of City employees or the public; or,
•
Insufficient information.
II.
WATER UTILITIES DEPARTMENT SECURE FACILITIES ACCESS
REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that a 10-year background check has
been completed within the last 5 years for all employees, including subcontractors, working in any of the
City’s Water Utilities Department secure facilities which include, but are not limited to, the Johnny G.
Martinez Water Treatment Plant, South Tempe Water Treatment Plant, and Kyrene Water Reclamation
Facility. The background check shall include state and national criminal and sexual offender information
as well as driving record information outlined in Secure Facility Access Requirements. Background
checks shall be performed by an authorized company capable of conducting a nationwide search.
Background checks shall include, at a minimum, information regarding state and national criminal and
sexual offender information, and a 5-year driving record search. The Contractor and Third-Party
Construction Manager shall be responsible for the cost of all their employee background checks.
Contractor and Third-Party Construction Manager shall disclose any knowledge of employee criminal
history status involving the following:
•
Any felony offense
•
Any offense involving assault or threats of violence
•
Any theft, fraud or financial crimes offense
•
Any arson offense
•
Any sexual misconduct offense
•
Any offense of misconduct involving a deadly weapon
SECURE FACILITY VERIFICATION REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that all employee background checks
have been completed before the contractor employees or subcontractors are issued a Contractor
Identification Badge and before being allowed to work at any of the City’s Water Utilities Department
secure facilities. All authorized contractor, subcontractor and third-party construction manager
employees shall coordinate with the respective facility supervisor to obtain a contractor identification
badge. Contractor and Third-Party Construction Manager employees must wear their contractor
identification badge at-all-times while working at the City’s secure facility.