6311831-CON-J2 ENGINEERING-HAYDEN BUTTE IMPROVEMENTS-TRAILHEAD DESIGN.PDF
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CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR PROFESSIONAL SERVICES
DESIGN
This Contract is made and entered into on the 22nd day of January 2026, by and
between the City of Tempe, an Arizona municipal corporation (“City”), and J2 Engineering &
Environmental Design, LLC, an Arizona limited liability company (“Consultant”).
City engages Consultant to perform professional services for a project known and described as
Hayden Butte Improvements – Trailhead Design, Project No. 6311831 (“Project”).
1.
SERVICES OF CONSULTANT
Consultant shall perform the following professional services to City in conformance with
applicable professional standards and in accordance with the degree of care and skill that
a registered professional in Arizona would exercise under similar conditions:
1.1.
Consultant shall provide professional services, as described in Exhibit “A”
attached.
1.2.
Consultant has assigned Adam Hawkins as the project manager for this Contract.
Prior written approval by City is required in the event Consultant needs to change
the project manager. Consultant shall submit the qualifications of the proposed
substituted personnel to City for approval prior to any substitution or change.
1.3.
Consultant shall follow and comply with the Arizona Utility Coordinating
Committee’s Public Improvement Project Guide and the City’s Utility Permit and
Construction Manual, latest revisions, as directed by City.
1.4.
Consultant shall prepare plans and technical specifications per the requirements of
the applicable chapters of the City’s Engineering Design Criteria Manual, latest
revision, and the Maricopa Association of Governments (MAG) Uniform
Standard Details for Public Works Construction as amended by City. All plans
shall be prepared in AutoCADD as required by City.
1.5.
Consultant shall obtain all necessary permits and licenses required for the
performance of its work. Failure of Consultant to obtain said permits prior to the
commencement of its work shall constitute a breach of this Contract.
1.6.
Consultant shall perform the work in a manner and at times which do not impede
or delay City’s operations and/or functions.
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1.7.
Consultant shall be solely responsible for any repair, replacement, remediation
and/or clean-up of any damage done by Consultant including any impairment of
access to City or other lawful invitees, by such work performed on this Project.
2.
TERM OF CONTRACT
Consultant shall complete all services within 270 calendar days of the date appearing on
the “Notice to Proceed” issued by City. In the event delays are experienced beyond the
control of Consultant, the schedule shall be revised as reasonably determined by City in
its sole discretion, and pursuant to Section 3, Consultant’s Compensation.
3.
CONSULTANT’S COMPENSATION
The method of payment for this Contract is payment by installments. Total compensation
for the services performed shall not exceed $263,5443.66, unless otherwise authorized by
City.
3.1.
Payment for this Contract shall be based on the following Budget Schedule:
Task Description
Method
Amount
Professional Services
Hourly not to Exceed
$97,259.00
Subtotal Task Amount:
$97,259.00
Allowances
Method
Amount
Allowance - Design
Not to Exceed
$12,000.00
Sub-consultant Services
Not to Exceed
$140,635.66
Allowance – Sub-consultant
Not to Exceed
13,650.00
Subtotal Allowances Amount:
$166,285.66
Total Compensation
Not to Exceed:
$263,544.66
3.2.
City shall pay Consultant by installments, each installment based upon monthly
progress reports and related, detailed invoices submitted by Consultant. Payment
requests shall be submitted by Consultant electronically through the City’s
PMWeb Software System at https://tempe-az.pmweb.com/pmweb/ using a login
provided to Consultant by City. Payment request submittals shall be based on the
Budget Schedule and shall include supporting documentation for all Allowances.
If Budget Schedule includes an Allowance for reimbursable expenses, receipts
must be provided and in no event will payment exceed actual cost. Invoices shall
include job titles and hourly rates when applicable. Hourly rates are established
in the attached Exhibit “A” incorporated hereby by this reference and are in effect
for the entire Contract term unless City provides written authorization for an
hourly rate increase. Consultant shall not exceed any of the specified budget
amounts for any Task or Allowance without prior written authorization from City.
City may provide written authorization for the transfer of budget amounts
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between any of the Tasks or Allowances provided the total Contract amount does
not exceed the amount indicated in Section 3.1.
3.3.
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.
3.4.
Consultant 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
Consultant, 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.
CITY’S RESPONSIBILITIES
4.1.
City shall designate a project manager during the term of this Contract. The
project manager has the authority to administer this Contract and shall 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 shall be directed
to the project manager.
4.2.
City shall review requests for information related to the Project by Consultant and
will endeavor to provide a prompt response to minimize delay in the progress of
Consultant’s work. City will also endeavor to keep Consultant advised
concerning the progress of City’s review of the work. Consultant agrees that
City’s inspection, review, acceptance or approval of Consultant’s work shall not
relieve Consultant of its responsibility for errors or omissions of Consultant or its
sub-consultant(s).
4.3.
City reserves the right to conduct an independent value engineering review of the
Project.
4.4.
City may retain a consulting firm to prepare an estimate of construction costs.
City may choose not to bid the Project unless and until all estimates received fall
within a reasonable variance, as determined by City.
4.5.
Unless included in Consultant’s services as identified in Section 1, City may
furnish with or without charge, upon Consultant’s reasonable request, the
following information to the extent it is within City’s possession or control:
4.5.1. One copy of its maps, records, laboratory tests, survey ties, and
benchmarks, or other data pertinent to the services. However, Consultant
shall be solely responsible for searching the records and requesting
specific drawings or information and independently verifying said
information.
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4.5.2. Available City data relative to policies, regulations, standards, criteria,
studies, etc., relevant to the Project.
4.5.3. When required, title searches, legal descriptions, detailed ALTA Surveys,
and environmental assessments.
5.
TERMINATION AND DEFAULT
5.1.
City shall be entitled to terminate this Contract at any time, in its discretion. In
addition, City may terminate this Contract for default, non-performance, breach or
convenience, or abandon any portion of the Project for which services have not
been fully or properly performed by Consultant. Termination shall be
commenced by delivery of written notice delivered to Consultant, personally or
by certified mail at 4649 E. Cotton Gin Loop, Suite B2, Phoenix, Arizona 85040.
Termination shall be effective upon 14 calendar days of delivery of notice to
Consultant. In addition, this Contract may be terminated pursuant to A.R.S. § 38-
511.
5.2.
Upon the occurrence of Consultant’s default, non-performance or breach of the
Contract, City may recover any and all damages permitted by law or in equity
against Consultant, in addition to termination of the Contract, including but not
limited to compensatory damages, together with all costs and expenses as set forth
in Section 12 herein.
5.3.
In the event of Consultant’s default, non-performance or breach, City agrees to,
before exercising any right or remedy available to it, give Consultant written
notice of the default, non-performance, or breach. For the 30 calendar days
following such notice, Consultant shall have the right to cure such default, non-
performance, or breach.
5.4.
If Consultant fails to cure, immediately after receiving notice of termination from
City, Consultant shall discontinue performance under this Contract and proceed to
close said operations under this Contract. Consultant shall submit a detailed
breakdown of completed work to City for evaluation. City shall have the right to
inspect Consultant’s work to analyze the services completed. Payment to
Consultant shall be determined by City upon approval or disapproval of the
services completed as of the date of delivery of notice of termination, and
pursuant to Section 5.9.
5.5.
Within 14 calendar days of receipt of notice of termination as set forth herein,
Consultant shall deliver to City all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by Consultant under the Contract, entirely or partially completed,
together with all unused materials supplied by City.
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5.6.
In the event of such termination or abandonment, Consultant shall be paid only
for those services performed in a good and workmanlike manner, in accordance
with all plans, specifications and governmental requirements completed prior to
receipt of said notice of termination, subject to approval by City. To the extent
permitted by this Contract, such payment may include reimbursable expenses then
incurred by Consultant, in City’s sole discretion.
5.7.
If the remuneration scheduled hereunder is based upon a fixed fee or definitely
ascertainable sum, the portion of such sum payable shall be proportionate to the
percentage of services completed by Consultant as determined and approved by
City based upon the scope of work set forth in Exhibit “A.” However, in no event
shall the fee exceed that set forth in Section 3 of this Contract.
5.8.
City shall make a determination as to approval or denial of any requested final
payment within 60 calendar days after Consultant has delivered the last of the
completed items and the final appraisal has been submitted to City.
5.9.
The parties agree that in the event of any damages suffered by City as a result of
inexcusable delay, default, non-performance or breach by Consultant, City shall
be entitled to all remedies under the law. No premium will be awarded to
Consultant for delivery and/or performance within the Contract term.
6.
INSURANCE
Without limiting any obligations or liabilities, Consultant, at its sole 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.
6.1.
General Clauses
6.1.1. 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 Consultant
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 Consultant.
This provision and the naming of the City as an additional insured shall in
no way be construed as giving rise to responsibility or liability of the City
for applicable deductible amounts under such policy(s).
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6.1.2. Coverage Term. All insurance required herein shall be maintained in full
force and effect until services required to be performed under the terms of
this Contract are satisfactorily completed and formally accepted; failure to
do so shall constitute a material breach of this Contract.
6.1.3. Primary Coverage. Consultant’s insurance shall be primary insurance as
respects City, and any insurance or self insurance maintained by City shall
be in excess of Consultant’s insurance and shall not contribute to it.
6.1.4. Claim Reporting. Consultant 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.
6.1.5. 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 Consultant.
6.1.6. Deductible/Retention. The policies may provide coverage, which contains
deductibles or self-insured retentions. Consultant shall be solely
responsible for deductible or self-insured retentions.
6.1.7. Policies and Endorsements. City reserves the right to request and to
receive, within 14 calendar days, information on any or all of the above
policies or endorsements.
6.1.8. Certificates of Insurance. Prior to commencing services under this
Contract, Consultant shall furnish City with certificates of insurance, or
formal endorsements as required by the Contract, issued by Consultant’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 by referencing the Project
number and/or Project name and shall provide for not less than 30
calendar days advance written notice by certified mail to City of
cancellation or termination of insurance.
6.1.9. Sub-consultants/Contractors. Consultant shall include all sub-consultants
and subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each sub-consultant and subcontractor.
6.2.
Workers’ Compensation. Consultant shall carry workers’ compensation
insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant’s 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 for each employee, and $500,000 disease policy limit.
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In case services under this Contract are subcontracted, Consultant shall require all
sub-consultant(s) to provide workers’ compensation and employer’s liability to at
least the same extent as provided by Consultant.
6.3.
Automobile Liability. Consultant 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 Consultant
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).
6.4.
Commercial General Liability. Consultant 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.
In the event the general liability insurance policy is written on a “claims made”
basis, coverage shall extend for two (2) years past completion and acceptance of
the services as evidenced by annual certificates of insurance.
Such policy shall contain a “severability of interests” provision (also known as
“cross liability” and “separation of insured”).
6.5.
Professional Liability. Consultant retained by City to provide the engineering
services required by the Contract will maintain professional liability insurance
covering errors and omissions arising out of the services performed by Consultant
or any person employed by it, with an unimpaired limit of not less than
$1,000,000 each claim and $1,000,000 all claims, or 10% of the construction
budget, whichever is larger. In the event the insurance policy is written on a
“claims made” basis, coverage shall extend for two (2) years past completion and
acceptance of services as evidenced by annual certificates of insurance.
6.6.
Property Coverage – Valuable Papers. Consultant shall carry property coverage
on all-risk, replacement cost, agreed amount form with valuable papers insurance
sufficient to assure the restoration of any documents, memoranda, reports, or
other similar data relating to the services of Consultant used in the completion of
this Contract.
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7.
HEALTH INSURANCE REQUIREMENTS
7.1.
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.
7.2.
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.
7.3.
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.
7.4.
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.
7.5.
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.
7.6.
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.
8.
WORK FOR HIRE AND OWNERSHIP OF DELIVERABLES
8.1.
Consultant shall ensure that all the results and proceeds of Consultant’s and any
and all work on the Project and any related projects, including that of all agents,
employees, officers, and contractors, shall be owned by City, including the
copyright thereto, as work for hire. In the event, for any reason, such results and
proceeds are not deemed work for hire, Consultant shall be deemed hereby to
have assigned to City, all of its right, title and interest in such results and proceeds
and content to City, without limitation.
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8.2.
All work products (electronically or manually generated), including but not
limited to plans, specifications, cost estimates, tracings, studies, design analyses,
original mylar drawings, computer aided drafting and design (CADD) file
diskettes which reflect all final drawings, and other related products which are
prepared in the performance of this Contract, are the property of City and are to
be delivered to City on the particular type of storage media on which they are
stored (e.g. CD, thumb drive, etc.) before the final payment is made to Consultant.
City shall retain ownership of these original works. If approved in writing by
City, Consultant may retain the originals and supply City with reproducible copies
of the work.
9.
CONFLICT OF INTEREST
9.1.
Consultant agrees to promptly disclose any and all financial and/or economic
interest in the property, or any property affected by the work, or the Project itself
other than as set forth herein, existing prior to the execution of this Contract.
Further, Consultant agrees to promptly disclose any financial or economic interest
in the Project property, or any property affected by the work, if Consultant gains
such interest during the course of this Contract.
9.2.
If Consultant gains any 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.
9.3.
Consultant 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.
9.4.
Consultant agrees that it shall not perform services on this Project for any other
contractor, subcontractor, or any supplier, other than City. In addition, Consultant
shall not negotiate, contract, or make any agreement with a contractor,
subcontractor, or any supplier with regard to any of the work under this Contract,
or any services, equipment or facilities to be used on this Project other than with
City unless consultant receives written approval from the City.
10.
COVENANT AGAINST CONTINGENT FEES
Consultant affirms that it has not employed or retained any company or person, other
than a bona fide employee working for Consultant 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 may terminate this Contract without liability,
or in its discretion may deduct from the Contract price or consideration, or otherwise
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recover, the full amount of such fee, commission, percentage brokerage fee, gift, or
contingent fee.
11.
INDEMNIFICATION
To the fullest extent permitted by law, Consultant 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 Consultant, its subcontractors, design
professionals, or other persons employed or used by Consultant 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.
12.
DISPUTE RESOLUTION
In the event of a dispute concerning or in any way connected to the Contract or subject
Project, the parties agree that the unsuccessful party shall pay to the prevailing party a
reasonable sum for attorneys’ fees, including taxable and non-taxable costs, fees, costs
and disbursements of experts, professionals, paralegals, whether at trial, appeal and/or in
bankruptcy court, all of which will be deemed to have accrued on the commencement of
such action and shall be enforceable whether or not such action is prosecuted to
judgment. In addition, should City retain and/or utilize legal counsel as a result of a
breach by Consultant of any term, covenant or provision of this Contract, in addition to
paying any recovery owed to City and/or performing any obligation remaining to be
performed, in order to fully cure such breach or default, Consultant shall reimburse City
for reasonable attorneys’ fees, taxable and non-taxable costs and disbursements, incurred
by City in enforcing Consultant’s obligations, whether or not a legal action is
commenced, including but not limited to the cost of preparing and presenting default
notices, demand letters and similar non-judicial enforcement activities.
13.
ADDITIONAL SERVICES
Additional services which are outside the scope of basic services contained in this
Contract shall not be performed by Consultant without prior written authorization from
City, at City’s sole discretion. Additional services, when authorized by an executed
contract or an amendment to this Contract shall be compensated for by a fee mutually
agreed upon between City and Consultant.
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14.
PROHIBITION ON ASSIGNMENT
This Contract and all duties and obligations of Consultant set forth in this Contract shall
not be assignable except by prior written consent of City, and such prohibition shall
extend to and be binding upon the heirs, executors, administrators, successors, and
assigns of Consultant.
15.
MISCELLANEOUS PROVISIONS
15.1. 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.
15.2. Equal Opportunity. City is an equal opportunity, affirmative action employer.
Consultant hereby covenants for itself, its employees, agents, assigns and all
persons claiming under or through it, 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. Consultant covenants and agrees that it will comply
in all respects 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. Consultant 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.
15.3. Antidiscrimination. Consultant 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. Consultant 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).
15.4. Legal Compliance. Consultant agrees and covenants that it will comply with
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 applicable safety and employment laws, rules and
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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 at the time services
are performed. Consultant acknowledges that a breach of this warranty is a
material breach of this Contract and Consultant 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 consultants, subconsultants and
sub-subconsultants 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 Consultant. Consultant hereby agrees to
indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
15.5. Boycott. Consultant certifies that it is not currently engaged in and agrees for the
duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as
that term is defined in A.R.S. § 35-393.
15.6. 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.
15.7. Specially Designated Nationals and Blocked Persons List. Consultant represents
and warrants to City that neither Consultant nor any affiliate or representative of
Consultant (i) 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”); (ii) 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); (iii) is engaged in activities prohibited in the Order; or (iv) has been
convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on
charges involving money laundering or predicate crimes to money laundering.
Consultant further agrees to include the provisions set forth in Sections 15.1
through 15.7 in any and all subcontracts hereunder. Any violation of such
provisions shall constitute a material breach of this Contract.
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15.8. Effective Date. This Contract shall be in full force and effect only when signed
by the duly authorized City officials and the duly authorized agent of Consultant.
15.9. Governing Law; Venue; Jurisdiction. This Contract shall be governed and
interpreted by the laws of the State of Arizona. 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.
15.10. Exhibits. All exhibits attached to this Contract are made a part of and are
incorporated into, this Contract. If any inconsistencies exist between this
Contract and any exhibit hereto, the terms of this Contract shall govern.
15.11. Force Majeure. Any prevention, delay or stoppage of this Project for a cause
beyond the reasonable control of Consultant due to acts of God, acts of war or
terrorism, fire or other casualty, shall, notwithstanding anything to the contrary
contained herein, excuse the performance of Consultant, for a period equal to such
prevention, delay or stoppage. For purposes of this Section 15.11, a cause shall
not be deemed beyond a party’s control if it is within the control of such party’s
agents, employees, assigns, contractors or subcontractors.
15.12. Entire Agreement. This Contract contains all of the agreements of the parties
with respect to the Project and related matters, and no prior agreement,
negotiations, postings, offerings, or understanding pertaining to any such matter
shall be effective for any purpose unless expressly contained herein.
15.13. Consultant’s Good Standing. Consultant hereby warrants and represents that it is
an Arizona limited liability company, licensed to do business in the state of
Arizona and currently in good standing, and that it is not in violation of any
agreement, instrument, contract, law, rule, or regulation by which Consultant is
bound.
15.14. Independent Contractor. Nothing contained in this Contract shall be deemed or
construed by the parties hereto or otherwise, to create the relationship of principal
and agent, partnership, joint venturer, employer and employee, or any association
between City and Consultant. Consultant is an independent contractor and shall
be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that
may be required by federal, state or local law with respect to any compensation
paid to Consultant hereunder or for any and all services or materials provided by
or rendered to Consultant hereunder in connection with the work set forth in this
Contract.
14
15.15. Severability. If any provision of this Contract shall, to any extent, be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder
of this Contract shall not be affected thereby, and every other term and provision
of this Contract shall be valid and enforceable to the fullest extent permitted by
law.
15.16. Time is of the Essence. Time is of the essence in this Contract and each and
every provision herein, except as may expressly be provided in writing by City.
15.17. No Waiver. No breach or default hereunder shall be deemed to have been waived
City, except by a writing to that effect signed on behalf of City. No waiver of any
such breach or default shall operate as a waiver of any other succeeding or
preceding breach or default or as a waiver of that breach or default after written
notice thereof and demand by City for strict performance of this Contract.
Acceptance of partial or delinquent payments or performance shall not constitute
the waiver of any right of City.
15.18. Survival. Any and all representations, obligations, indemnities, warranties,
covenants, conditions and agreements contained in this Contract which are
expressed as surviving the expiration or earlier termination of this Contract, or by
their nature, are to be performed, observed or survive, in whole or in part, after
the termination or expiration of this Contract term, shall survive the termination
or expiration of this Contract.
15.19. Retention of Records. City, through any authorized representative, will have
access to and the right to examine and copy all records, books, papers or
documents related to services rendered under this Contract. Consultant will retain
all books and records related to the services performed for a period of not less
than the greater of any applicable federal law retention requirement or five (5)
years following termination of this Contract.
15.20. Antitrust Violations. City and Consultant recognize that in actual economic
practice overcharges resulting from antitrust violations are in fact borne by City.
Therefore, Consultant assigns to City any and all claims for such overcharges.
Consultant in all subcontracts shall require all subcontractors to likewise assign
all claims for overcharges to City.
15.21. Headings. The heading use in this Contract is for ease of reference only and shall
not in any way be construed to limit or alter the meaning of any provision.
15.22. 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.
15
15.23. Notices to Parties:
All notices pursuant to this Contract shall be made in writing and delivered or
mailed by certified mail to the parties at the following addresses:
CITY:
Mark A. Weber, P.E.
Deputy Public Works Director/
City Engineer
Engineering Division
31 E 5th Street, Mail Stop 0108
Tempe, AZ 85281
CONSULTANT:
________________________
(Printed Name of Signatory)
J2 Engineering & Environmental
Design, LLC
4649 E. Cotton Gin Loop, Suite B2
Phoenix, AZ 85040
15.24. Non-Appropriation of Funds. 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.
15.25. 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 Engineering Secure Facilities
Access Guidelines, which are incorporated herein by reference.
15.26. 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 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:
16
(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
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
17
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.
15.27. 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.
15.28. GIS Data Disclaimer. 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 CONSULTANT
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 CONSULTANT 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. CONSULTANT
SHOULD NOT RELY UPON THE GIS DATA WITHOUT PROPER FIELD
VERIFICATION FOR ANY PURPOSE.
18
[SIGNATURE PAGE TO FOLLOW]
19
SIGNATURE PAGE
Hayden Butte Improvements – Trailhead Design
Project No. 6311831
DATED this 22nd 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
Consultant warrants that the person who is signing this Contract on behalf of Consultant is
authorized to do so and to execute all other documents necessary to carry out the terms of this
Contract.
CONSULTANT:
J2 Engineering & Environmental Design, LLC
Signature
Printed Name
Title
Email Address
Federal I.D. No./Tax Payer I.D. No.
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
1
November 19, 2025
German Piedrahita, PE
Senior Civil Engineer
Public Works Department
Engineering Division – City of Tempe
Re: City of Tempe | Hayden Butte Preserve – Trailhead Improvements – V3
German,
J2 Engineering and Environmental Design LLC (J2 Design) is pleased to be selected to provide
professional design services for the Hayden Butte Preserve Trailhead Improvements project. J2’s scope of
services and fees are based upon our understanding of the project from our field walk held on August 22,
2025, as well as on-going email correspondence between J2 and City of Tempe (City). J2 will serve as
the Prime Consultant for the project providing landscape architecture, civil engineer, and project
management services.
Project Understanding: The City is planning new trailhead improvements for the Hayden Butte Preserve,
with amenities proposed near the historic Hayden Flour Mill at Mill Avenue and Rio Salado Parkway. The
proposed amenities include a restroom building with shade canopy, a smaller ramada structure, new
trailhead access with enhanced pedestrian circulation, improvements to existing electrical/lighting,
wayfinding and interpretive signage, irrigation system and plantings and vegetative restoration of
disturbance areas.
J2 Design – Base Fee
$ 97,259.00
J2 Design – Allowances
$ 12,000.00
Sub-Consultant - Base Fees
$ 140,635.66
Sub-Consultant - Allowances
$ 13,650.00
Total Lump Sum Fee
$ 263,544.66
Thank you for selecting the J2 Team; we are excited to begin work on this important project and to
continue our outstanding working relationship with the City of Tempe. Please do not hesitate to call
with any questions that you may have.
Sincerely,
Adam Hawkins, PLA, ASLA | Senior Associate, Project Landscape Architect
J2 Engineering and Environmental Design, LLC
Work Phone 602.438.2221 | Mobile Phone 623.694.6134 | Email: ahawkins@j2design.us
EXHIBIT A
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
2
City of Tempe | Hayden Butte Preserve – Trailhead Improvements
J2 Design Scope of Services
Task 100 – Project Initiation
To gather the necessary field information to develop the basis for a schematic layout of the proposed
master plan improvements. J2 has included sub-consultants to complete a topographic survey of the
site, provide a survey of the existing native plant material, and geotechnical investigations to provide
design direction relative to structures and pavement design.
Task 100 Anticipated Deliverables:
Topographic Survey (PDF)
Landscape Inventory / Salvage Summary (PDF)
Geotechnical Report (PDF)
Task 100 Anticipated Meetings:
•
Project Kickoff Meeting & Site Visit (1 Meeting Anticipated)
o
J2 will have Two (2) representatives at this meeting: our Project Landscape Architect,
Senior Designer and Designer. This meeting is scheduled to be two (2) hours in length,
inclusive of travel time, and be held on-site. J2 will provide the agenda and meeting
minutes.
Task 200 – Conceptual Plan Refinement
J2 will attend a design charrette with the City and project team to review the previously developed
concepts completed by LSD in September 2021 as well as additional concepts developed by J2 Design
in September 2022. J2 will prepare an updated site plan rendering as well supplemental 3D graphics
based on these initial discussions with the City and Stakeholders. Refined concepts will be presented
to the City, feedback gained and refined into a preferred alternative on which the construction
documents will be based. J2 Design will attend design meetings to present the preferred alternative.
Task 200 Anticipated Deliverables:
Initial Revised Site Plan Rendering (PDF)
Final Site Plan Rendering (PDF)
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
3
Task 300 – 60% Design Development
J2 will initiate development of our 60% Design Development Documents based on the approved master
plan layout completed in Task 200.
Task 300 Anticipated Deliverables:
•
J2 will submit an electronic (PDF) set of plans (24” x 36”) developed to a 60% Design
Development level of completion to the City for review and comment. The following sheets are
anticipated to be produced by J2 and will be included in the 60% set (and all subsequent sets)
for a total of thirty (30) sheets.
•
Construction Plan/Detail Sheets
o
Project Cover Sheet – 1 Sheet
o
General Notes – 1 Sheet
o
Overall Project Site Plan @ 30 Scale – 1 Sheet
o
Erosion Control Plan @ 30 Scale – 1 Sheet
o
Erosion Control Details – 2 Sheet
o
Landscape Inventory/Salvage Summary Sheet – 1 Sheet
o
Landscape Inventory/Salvage Plan @ 30 Scale – 1 Sheet
o
Removal Plan @ 30 Scale – 1 Sheet
o
Grading and Drainage Plan @ 20 Scale – 1 Sheet
o
Geometric Control Plan @ 20 Scale – 1 Sheet
o
Utility Plans (Water/Sewer) – 1 Sheet
o
Civil Details – 1 Sheet
o
Civil Cross Sections – 1 Sheet
o
Construction Amenities Schedule – 1 Sheet
o
Hardscape Plan @ 20 Scale – 1 Sheet
o
Hardscape Details – 4 Sheets
o
Landscape Summary Cover Sheet – 1 Sheet
o
Landscape & Surface Material Plan @ 20 Scale – 1 Sheet
o
Landscape Details – 2 Sheet
o
Irrigation Summary Cover Sheet – 1 Sheet
o
Irrigation General Notes/ Legends – 1 Sheet
o
Irrigation Plan @ 20 Scale – 1 Sheet
o
Irrigation Details – 3 Sheets
•
60% Project Specifications (PDF)
•
60% Opinion of Probable Cost (PDF)
Task 300 Anticipated Meetings:
•
Design Coordination Meeting (2 Meetings Anticipated)
o
J2 will have two (2) representatives at each meeting: our Project Landscape Architect
and Designer. Each meeting is intended to be one (1) hour in length and held virtually.
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
4
J2 will prepare the virtual meeting link and forward to City for distribution to the
appropriate CITY staff. J2 will provide the agenda and meeting minutes.
•
Comment Resolution Meeting (1 Meeting Anticipated)
o
J2 will have two (2) representatives at this meeting: our Project Landscape Architect
and Designer. This meeting is intended to be two (1) hour in length and held virtually.
J2 will prepare the virtual meeting link and forward to City for distribution to the
appropriate City staff. J2 will develop a comment resolution form and provide to the
City to assist in organizing the comments and their final resolution.
Task400 – 95% Pre-Final Construction Documents
After receiving comments from City Staff on the 60% set of plans, J2 will initiate development of our 95%
Pre-Final Construction Document submittal. J2 will submit plans to the City for their review and
distribution.
Task 400 Anticipated Deliverables:
•
95% Plan Set (PDF)
•
95% Project Specifications (PDF)
•
95% Opinion of Probable Cost (PDF)
Task 400 Anticipated Meetings:
•
Design Coordination Meeting. (2 Meetings Anticipated)
o
J2 will have two (2) representatives at each meeting: our Project Landscape Architect
and Designer. Each meeting is intended to be one (1) hour in length and held virtually.
J2 will prepare the virtual meeting link and forward to City for distribution to the
appropriate City staff. J2 will provide the agenda and meeting minutes.
•
Comment Resolution Meeting. (1 Meeting Anticipated)
o
J2 will have two (2) representatives at this meeting: our Project Landscape Architect
and designer. This meeting is intended to be one (1) hour in length and held virtually.
J2 will prepare the virtual meeting link and forward to City for distribution to the
appropriate City staff. J2 will develop a comment resolution form and provide to the
City to assist in organizing the comments and their final resolution.
Task 500 – 100% Final Construction Documents
After receiving comments from City Staff on the 95% set of plans J2 will initiate development of our
Final Construction Document submittal. J2 will submit plans to the City for their review and distribution
Task 500 Anticipated Deliverables:
•
Final Sealed Plans (PDF)
•
Final Project Specifications (PDF)
•
Final Opinion of Probable Cost and Bid Tab (PDF)
Task 500 Anticipated Meetings:
•
NO Meetings Anticipated for Task 500
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
5
Design Allowances for J2 Design
The following allowances may only be utilized if authorized in advance by the City in writing. These
allowances will not be authorized until a full modified scope is known and may need to be increased if
the required scope exceeds the established allowance amount.
General Project Allowance – An allowance has been established to procure additional design services
outside of the current scope of work, as well for additional public outreach or attendance at meetings
not noted in this scope of work.
Sub Consultant Support
J2 has requested scope and fee submittals from the following sub-consultants:
Ethos (Geotechnical Engineering)
-
To complete geotechnical borings at the proposed project site, and to provide a summary of
results and pavement design recommendations in the geotechnical report.
Native Resources (Native Plant Inventory)
-
To perform a site survey of all existing native plant materials within the proposed limits of
disturbance and to provide a list of all salvageable plant materials (trees and cacti)
LAST Architects (Architecture)
-
To provide support and coordination for the development of a proposed refined master plan,
and—based on the selection of specific structures—utilize the available allowance to produce
architectural construction drawings for those elements.
WoodPatel (Survey)
-
To provide base data of the existing improvements and topographic conditions.
Wright Engineering Corp. (Electrical Engineering / Lighting)
-
To design site lighting, and site power requirements for the proposed project improvements.
Westland Resources (Cultural Resource Assessment – Archeology)
-
Will conduct comprehensive investigations at the project site to identify environmental
constraints, cultural resources, and potential impacts associated with proposed trailhead
improvements. Archaeological services will also include monitoring during the geotechnical
field borings.
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
6
Design Allowances for Sub-Consultants
The following allowances may only be utilized if authorized in advance by the City in writing. These
allowances will not be authorized until a full modified scope is known and may need to be increased if
the required scope exceeds the established allowance amount.
Lisa Ranzenberger Designs (Signage)
-
To provide concepts and ultimately construction drawings for the trailhead entry monuments,
trailhead markers, trailhead map graphics, and interpretive graphics.
-
Wright Engineering Corp. (Light Pole Structural Calculations)
-
If a direct bury light pole is not selected for use on this project, Wright engineer will prepare
light pole structural calculations and construction details as required per City of Tempe.
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
7
General Understanding
The City of Tempe the (Owner) shall designate a person for the project to act as the Client’s
representative with respect to the services to be performed or furnished by the Project Team under this
agreement. Such person, department, or committee shall have complete authority to transmit
instructions, receive information, interpret, and define the Client's policies and decisions with respect to
the Project Team's services for the Project. The Owner shall also provide key team personnel to be
available in coordination meetings including operations and plan review representatives.
The Owner shall make available to the Project Team existing available data and records relevant to the
site that the Owner has available.
The Owner shall approve in a timely manner all criteria and information as to Client's requirements for
the Project including planning objectives and constraints, performance requirements, any budgetary
limitations, and the submittal by the Project Team at the various phases of the projects.
The Owner shall furnish to the Project Team, upon the request of Project Team for performing the
services, any existing pertinent data prepared by others, including electronic base maps, drawings of
physical conditions in or relating to existing surface or subsurface utilities or structures within the
planning area, hydrographic surveys, environmental or cultural assessments, impact statements, and
other relevant environmental or cultural studies pertaining to the project as the Owner has available.
The Owner shall give prompt notice to Project Team whenever Client observes or otherwise becomes
aware of any development that affects the scope of services or the time schedule of the Project Team.
The Owner warrants and represents that members of the Project Team have the right to enter upon the
real property involved herein and extends this right to J2. The Project Team agrees to exercise due care
in the performance of all services pursuant hereto and acknowledges that it is at our own risk.
J2 Engineering and Environmental Design, LLC
4649 E. Cityton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
8
Design Assumptions and Exclusions
The following tasks are not included in this scope of services:
1.
The J2 Design Team has not included any City of Tempe Design Review Board or Commission
approvals
2.
This Design does not include the design of any below grade or submerged irrigation storage
system
3.
A J2 sub consultant has included requesting a bluestake design ticket and requesting maps of
utilities that respond to the bluestake design ticket. J2’s sub consultant will develop a utility
base map based on received information from utility companies.
4.
The J2 Design Team is not providing or producing any 404/408 Permits or 404/408
Applications
5.
J2 Design and its sub-consultants have not included any post-design scope with this proposal.
If requested a separate post-design proposal will be developed.
6.
The J2 Design Team has not provided any public involvement coordination or attendance at
any public meetings.
We would expect to start our services promptly after receipt of your acceptance of this proposal and
complete our services in a timely manner. This exhibit represents the entire understanding of the Scope
of Services as set out herein and may only be modified in writing signed by both parties.
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Page:
1 of 1
Proposal #:
2560165
Proposal Date:
9/15/2025
ADOT Contract #
TRACS #
Ethos
Pancho Garza
9180 S Kyrene Rd, #104
Tempe, AZ 85284
Item
PAU
Quantity
Unit
Cost
Price
Drilling
Mob/Demob (to include Coring Trailer)
23.46
1.5
HR
225.00
$
337.50
$
Drilling 4 1/4" HSA (to include SPT sampling and patch
back)
23.46
10
FT
32.78
$
327.80
$
Concrete Patch Back (As needed)
23.46
2
EA
23.00
$
46.00
$
Drilling Total
711.30
$
Lab
Grain Size Analysis C136 & C117
23.49
2
EA
93.15
$
186.30
$
Atterberg Limits (placticity Index) D4318
23.49
2
EA
85.96
$
171.92
$
Undisturbed Ring Density/Moisture D2937
23.49
2
EA
40.32
$
80.64
$
Lab Total
438.86
$
Total Lump Sum Costs
1,150.16
$
Sincerely,
ACS Services LLC.
Charles Johnson "Eddie"
Charles Johnson "Eddie"
Drilling Manager
2235 W. Broadway Rd.
Mesa, AZ 85202
office: 480-968-0190
cell: 270-254-1500
Acceptance of all outlined pricing, terms and conditions, including General Conditions on page 2.
*Any stoppage of work due to site access or matters out of ACS Services control once work has started will be billed at the hourly stand by
rate of $225.00 per hour. Site visits will be conducted by ACS Services at no additional charge to verify access if requested to ensure no
unforeseen cost.
All proposals are good for 45 days from the day shown on this document. All changes in work outside of the original agreed upon scope that causes
ACS Services to run over on hours not agreed upon will be billed at the hourly stand by rate of $225.00.
Your success is our priority so please do not hesitate to reach out to me anytime if you have questions.
Thank you for the opportunity to provide a quote for one of your potential jobs.
Tempe, AZ 85281
Subject: Advance two 4 1/4" HSA borings, to 5' for a total of 10'. Ethos will call in utilities and provide any permits and TC needed. ACS will
backfill borings with auger cuttings and concrete as needed.
Hayden Butte Mountain
119 S Mill Ave
Project Name:
Location:
DBE SBE WBE
SERVICES LLC
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2 of 2
Tempe Butte | Master Plan Assistance _ Vertical Elements Design and Engineering
Prepared by:
Rev.2
J2 Engineering and Environmental Design
Prepared for:
Fee Proposal
Adam Hawkins, PLA, ASLA | Project Landscape Architect, Senior Associate
4649 E. Cotton Gin Loop, Suite B2
Phoenix, AZ 85040
October 30, 2025
Re:
Tempe Butte | Master Plan Assistance _ Vertical Elements Design and Engineering
Service
Description:
Scope:
LAST will provide design assistance for the updated conceptual plan of the Tempe Butte Site, based
on J2’s “Tempe Butte Trailhead – Aerial Map for Scope.” Site studies will define the design of proposed
vertical elements. The conceptual masterplan, developed in collaboration with J2, will establish the
framework for vertical elements including: gateway/entry, shade ramada and a 3 stall restroom with
shared sink. The design team outlined in this proposal will provide architectural and engineering
construction documents sufficient for City of Tempe building permit and bid issuance, including
drawings, and coordination. LAST will coordinate with Electrical consultant contracted with J2 for all
vertical elements. Construction Administration services are excluded.
From this scope map, LAST and it’s consultants are responsible for the following vertical elements as
defined and illustrated on scoping document above:
+ Gateway/Entry
+ Shade Ramada
+ (3) Stall Restroom with Shared Sink
The locations, overlaps and footprints of the above scope diagram are subject to change after creation
of the conceptual masterplan effort with J2.
1
Scope of
Work:
LAST Architects will facilitate the following:
TASK 1 | Conceptual Masterplan _ Vertical Element Scope Definition
Establish program, size, materiality, and character for each vertical element through design studies
and coordination with J2 and City staff. Deliverables include conceptual sketches, massing studies
and material boards.
Tempe Butte Trailhead – Aerial Map for Scope | Received 10.21.2025
2
Schedule:
LAST Architects will work with J2 to develop a schedule that meets the requirements of the project.
Billing:
J2 shall pay LAST Architects monthly - net 30 based upon Services performed and completed to
date, and upon submission and approval of invoices. Invoices shall itemize tasks and percentage
completed at time of invoice.
Reimbursables:
Costs directly related to the delivery of the work, if incurred, will be reimbursed at cost plus 10%.
Project related travel to be reimbursed at the at IRS standard mileage rate.
TASK 2 | Gateway / Entry Design
Architectural and engineering design of the gateway structure through Construction Documents
sufficient for permit and bid. Deliverables include coordinated drawings, details, and sheet
specifications.
TASK 3 | Shade Canopy Design
Design and documentation of one shade structure through Construction Documents, including
coordination with structural systems, materials, and finishes.
TASK 4 | Restroom Design
Design and documentation of a three-stall, naturally ventilated restroom with shared lavatory sink.
Includes plumbing and structural coordination to permit-ready level.
TASK 5 | Structural Engineering
Structural design for the gateway, ramada, and restroom provided by BDA Design, including
calculations, permit documentation, and response to jurisdictional comments.
TASK 6 | Plumbing Engineering
Plumbing design for the restroom provided by Associated Mechanical Engineers (AME), including
complete construction documents and specifications.
TASK 1 | Conceptual Masterplan _ Vertical Element Scope Definition
TASK 2 | Gateway / Entry Design
TASK 3 | Shade Canopy Design
TASK 4 | Restroom Design
TASK 5 | Structural Engineering (BDA)
TASK 6 | Plumbing Engineering (AME)
Fee Basis:
Service Provided
$5,525
$12,325
$15,925
TOTAL: $74,504
$26,125
$9,100
$5,504
Scope of
Work:
Brad Lang, AIA
Date
10/30/25
Principal | Co-Founder
LAST Architects
(480) 570-5296
brad@lastarchitects.com
Eric Sterner
Adam Hawkins, PLA, ASLA
Date
10/30/25
Principal | Co-Founder
LAST Architects
(610) 570-5573
eric@lastarchitects.com
Project Landscape Architect | Senior Associate
J2 Engineering and Environmental Design
(602) 438-2221 ext. 138
ahawkins@j2design.us
Ownership and
Liability:
All instruments of service remain property of LAST Architects until payment in full and are to be used solely
for this project. To the fullest extent permitted by law, LAST’s aggregate liability to the Client for any and all
claims shall not exceed the total fee paid for these services. No warranty is express or implied. The standard
of care shall be that of architects performing similar services in Arizona at the same time and under similar
conditions.
Thank You &
Contact:
LAST Architects endeavors to provide you with a engaged and comprehensive services with an experienced
and dedicated team. Please let us know if you have any questions. We look forward to working with you.
3
ASSOCIATED MECHANICAL
ENGINEERS, PLLC.
1121 W. Warner Road, Suite 107
Tempe, Arizona 85284
CONSULTING ENGINEERS
MECHANICAL źPLUMBING
October 28, 2025
Eric Sterner
LAST Architects
515 E. Grant Street, Suite 109
Phoenix, AZ 85004
RE:
Oidbad Do’ag Tempe Butte Trailhead
AME Proposal No. 25-122
Dear Eric:
Associated Mechanical Engineers, PLLC is pleased to submit this proposal to provide
consulting engineering services for the project referenced above. Following is the list of
services we propose to provide under the terms and conditions of this contract:
MECHANICAL
–
No mechanical scope anticipated.
PLUMBING
–
Complete, print ready, construction documents in AutoCAD format for the
plumbing systems to connect to five feet outside the building.
–
Complete specifications in CSI format.
–
Shop drawing review.
–
All plan check corrections required to obtain permit.
–
Construction administration including RFI’s, Shop Drawing Review and
coordination.
–
(2) Two CA site visits during construction with written reports.
–
IECC calculations and documentation for the plumbing systems required for
the project.
GENERAL SCOPE OF WORK
–
Specifications shall be included on plans or in 8-1/2” x 11” CSI format.
–
Background documents in AutoCAD format provided by Architect and/or his
sub-consultants.
–
Basic project scope includes: A small restroom with three stalls and a shared
sink.
Appendix
4
October 28, 2025
Proposal No. P25-122
www.am-engineers.com
Phone 480.966.3996
COMPENSATION
Associated Mechanical Engineers, PLLC shall provide the aforementioned consulting
engineering services for the following lump sum fee based on the assumptions above.
Mechanical and Plumbing Engineering:
Schematic Design
$ 1,000.00
Design Development
$ 1,884.00
Construction Documents
$ 2,620.00
Construction Administration
$ 3,212.00
TOTAL
$ 8,716.00
Hourly billing rates (for additional services where contracted):
Principal
$ 172.00
Engineer
$ 157.00
Designer
$ 129.00
Drafter
$ 92.00
Clerical
$ 72.00
Contingent Additional Services
Should any of the following items be required, it will be billed as a contingent additional
service.
– Additional construction observations shall be provided on an additional
service basis for the fixed fee of $500.00 (five hundred dollars) per trip.
– Major floor plan revisions due to Architectural city comment revisions.
The design professional (AME) shall not be held responsible for claims that arise due to lack
of coordination or lack of professional interpretation of the construction documents during
the construction phase including change orders arising from Contractor’s failure to properly
bid the project per the requirements set forth on the plans and in the specifications, revisions
made to the construction documents without the involvement of AME (the design
professional), or contractor’s lack of field coordination. Construction observations
performed by the design professional (AME) do not relieve the contractor of his or her
obligations under the construction contract. Construction observations are not intended to
verify contractor means and methods, or jobsite safety.
The Client recognizes that construction observations are a critical part of the execution of this
design contract that may allow the design professional to quickly correct any deficiencies,
Appendix
Not in Scope of Proposal
Fee without CA $5,504
5
October 28, 2025
Proposal No. P25-122
www.am-engineers.com
Phone 480.966.3996
errors or omissions from the contract documents or due to construction error or due to other
unforeseen acts or due to other causes, at a relatively low cost. The Client agrees that if
construction observations are not included in the contract the design professional shall not be
held responsible monetarily, legally or professionally for any of the design professional’s
acts, errors or omissions, except for those acts, errors or omissions which, it could reasonably
be concluded, the design professional’s review services would not have prevented or
mitigated.
Dispute resolution; By binding mediation according to the Rules of American Association of
Arbitration, this agreement shall be governed by and construed in accordance with the
internal laws of the State of Arizona, without giving effect to any choice of conflict of lay
provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause
the application of the laws of any jurisdiction other than the State of Arizona. In the event
that legal action is brought by either party against the other, the prevailing party shall be
reimbursed by the other for the prevailing party’s legal fees and costs in addition to whatever
other judgments or settlement sums, if any may be due. Legal fees include reasonable
attorney fees, costs and litigation expense.
Fee quotations are valid for 180 days from the date of this proposal.
Additional services shall be warranted and negotiated for architectural, structural or civil
revisions, changes and/or new requirements requested after substantial completion. A project
is considered substantially complete when less than 5% of the work remains.
Payment to AME shall be within seven (7) days of receipt of payment by owner to client.
Please sign and date on the line provided if these terms are acceptable. We sincerely appreciate
the opportunity to propose on this project. We look forward to your acceptance of these terms
and the chance to add value to this project.
Sincerely,
ASSOCIATED MECHANICAL ENGINEERS, PLLC.
George J. Josephs, P.E.
LEED AP
Principal
Signature:
_______________________
Date:
_______________
Appendix
6
7047 East Greenway Parkway, Suite 250
Scottsdale, AZ 85254
480.398.7729
www.bdadesign.com
October 28, 2025
Mr. Eric Sterner
LAST Architects
515 East Grant Street, Suite 109
Phoenix, AZ 85004
Re:
Fee Proposal
Tempe Butte Site Elements, Tempe, AZ
Good Day:
We are pleased to present to you this proposal for consulting design services covering the structural
engineering for this work. The scope of the work is as described in your email of October 23 and pdf
attachments. The scope is defined as:
1. The design of site improvements including a small restroom building, a ramada structure
and a gateway entry structure.
As a design-based consulting firm, it is our desire to create structures that work in harmony with the
architecture. For this project, we propose to provide the following services as the basic design contract:
1.
For the construction documents, BDA will produce structural construction documents for
permitting and construction. The work may be achieved in either Revit or AutoCAD to
match the architect’s direction.
2.
Prepare all final Structural design calculations reflecting the final design.
3.
Prepare electronic copies of calculations and review architect-created specifications as
required by reviewing jurisdiction.
4.
Include all necessary documentation for permit submittal as required by reviewing
jurisdiction.
5.
Review and coordinate between final Architectural drawings, as necessary, for accuracy
and correctness.
6.
Review and address building department comments for building permit issuance,
coordinate revisions with Architect, revise and digitally reprint the structural calcs.
Currently excluded from this scope are:
1. Reimbursable expenses, which will be billed in conjunction with our current schedule.
2. IBC and local code prescribed special structural inspections, which may be provided at our
standard trip charge.
3. Construction site services are not included but may be provided on an hourly basis.
The items currently excluded from this proposal may be included under a separate contract or as an
addendum to this proposal.
Appendix
7
LAST Architects
October 28, 2025
Fee Proposal – Tempe Butte Site Elements, Tempe, AZ
For the scope, as outlined above, we propose the following:
A fixed fee of $9,100.00 (Ninety-One Hundred Dollars).
It is typically the policy that invoices are paid within 15 days of corresponding payment from the owner.
A fee of 1.5% per month will be applied to late payments that go uncollected for more than 90 days,
calculated from the invoice date.
Limitation of liability: In recognition of the relative risks and benefits of the Project to both the Client and
Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by
law, to limit the liability of the Consultant to the Client for any and all claims, losses, costs, damages of
any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and
costs and expert-witness fees and costs, so that the total aggregate liability of the Consultant to the
Client shall not exceed the Consultant’s total fee for service rendered on this Project. It is intended that
this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise
prohibited by law.
The standard of care for all professional services performed or furnished by Consultant under this
Agreement will be the skill and care used by members of Consultant’s profession practicing under
similar circumstances at the same time and in the same locality. Consultant makes no warranties,
express or implied, under this Agreement or otherwise, in connection with Consultant’s services.
We have established our reputation for being a different kind of structural design firm - one that is
creative, design-based, cost-conscious and responsive. All consulting engineering are provided with the
consensus standard of care for the profession.
Yours truly,
J. Greg Brickey, SE
Principal
GB/mg
Appendix
8
Page 1 of 6
Civil Engineering
Water Resources
Land Survey
Construction Management
2051 W Northern Ave #100
Phoenix AZ 85021
P: 602.335.8500
F: 602.335.8580
www.woodpatel.com
Michael T. Young, PE
Darin L. Moore, PE
Jeffrey R. Minch, PE, CFM
Robert D. Gofonia, PE, RLS
Nicholas E. Brown, PE
Daniel W. Matthews, PE
Ronald J. Barbala, PLS, CFedS
Ethan A. Boyle, PE
Frank M. Koo, PE
Gabriel S. Rios, RLS
John G. Ritchie, PE
Derek C. Nichols, PE
John M. Bulka, PE
Daniel J. Cronin, PMP
James G. Taillon, CFM
Joseph C. Daconta, PE, CFM, PH, PMP
Steven C. McKee, PE
Brian J. Diehl, RLS
Matthew R. Pruitt, PE, CFM
Isaac J. Thomas, PE, CFM
Anthony K. Humphrey, PE
Zachary Radovich, PE
Venkata S. Bayareddy, PE, CFM
Aaron K. Feldberg, PE
Jett M. Thies, PE
Clint Morris, PE
Aaron Morrison, PE
David G. Laredo, PE
Erik R. Myers, RLS
EMERITUS
Darrel E. Wood, PE, RLS
Ashok C. Patel, PE, RLS
Revised October 22, 2025
September 16, 2025
Mr. Adam Hawkins, PLA, ASLA
Project Landscape Architect, Senior Associate
J2 Design
4649 East Cotton Gin Loop, Suite B2
Phoenix, AZ 85040
623.694.6134
ahawkins@j2design.us
Re:
Tempe Butte (‘A’ Mountain) Trailhead
Mapping Agreement
Tempe, Arizona
Dear Mr. Hawkins:
Wood, Patel & Associates, Inc. (WOODPATEL) is pleased to provide J2 Design (Client)
with this Mapping Agreement for the above referenced project.
SCOPE OF SERVICES
x
City of Tempe survey control will be utilized in the NAD83 Central Zone coordinate
system.
x
The 2.5-acre project area will be mapped for 1' contour interval accuracy DTM and
will be provided in AutoCAD file format with an existing surface file. See attached
Google Earth .kmz file for map limits.
x
Mapping will be compiled at 1"=10' using Wood Patel symbology.
x
Utilities, signage, striping, hard scape, breaklines, trees, monuments, fencing,
posts, gates, railings and train rails will be included. The abandoned train rails will
not be precisely located, only mapped via photogrammetry.
x
Manhole rims in Mill Avenue adjacent to the map limits will be measured and the
invert elevations of any sewer lines discovered will be measured. See yellow
bracketed area in attached Google Earth .kmz file.
x
A full day of supplemental allowance has been budgeted for additional mapping
needs to support design.
x
A digital ortho rectified image will be provided at 1.5cm nominal pixel size.
x
6-8 control points will be installed and measured within and surrounding the
mapping limits for use as construction control and will be provided on a Survey
Control Plan sheet.
FEE SUMMARY
1.
Mapping and DTM................................................................................................................................. $12,227.50
TOTAL....................................................... $12,227.50
Wood, Patel &
Associates,
Inc.
Project
Manager
Photogram-
metrist
UAV Pilot
Survey
Tech IV
Crew
Chief
Admin
Surveyor
Apprentice
Total
$230
$200
$120
$160
$135
$140
$60
Mapping & DTM
9.5
9
5
13.5
27.5
1.5
26
Reimbursables
Total Fee
$2,185.00
$1,800.00
$600.00
$2,160.00
$3,712.00
$210.00
$1,560.00
$12,227.50
TERMS OF AGREEMENT
1.
Wood, Patel & Associates, Inc. is referred to as Consultant, within this Agreement. Consultant makes no representation or warranty concerning
the estimated quantities and cost estimates provided in connection with maps, plans, reports, specifications, drawings, or submittals other than
that all such amounts are good faith estimates and professional opinions only. Since Consultant has no control over market conditions, bidding
procedures, or the efficiency of any contractor’s means and methods of construction, the Consultant cannot warrant that bids, final quantities,
or ultimate construction costs will not vary from these good faith estimates.
2.
Consultant makes no representations concerning soil or environmental conditions and is not responsible for any liability that may arise out of
the making or failure to make soil or environmental surveys, sub-surface tests, or general testing.
3.
In the event that any changes are made in the plans and specifications by the Client or persons other than the Consultant, or the improvements
and mitigation measures are not constructed as required in Consultant’s plans and specifications, any and all liability arising out of such
unauthorized changes or deviation is waived as against the Consultant and its subconsultants (if any). Client assumes full responsibility for
such changes or deviations unless Client has given Consultant prior notice and has received from Consultant written consent for such changes
ordeviations.
4.
The Consultant is not responsible, and liability is waived by the Client as against Consultant, for use by Client or any other person of any plans or
drawings not signed and sealed by Consultant as final and ready for bidding or construction. Plans, reports, drawings, or specifications marked
“Preliminary” or “Not For Construction”, or otherwise marked to indicate they are not final, may not be used for estimating, bidding, or construction
without Consultant’s advance written authorization.
5.
Client and Consultant have agreed, to the fullest extent permitted by law and notwithstanding any other term or condition of this Agreement, to
allocate the risks of this Project such that the total liability of Consultant, its subconsultants, and their respective officers, directors, shareholders,
designated principals, agents, representatives, and insurers, or any of them, in the aggregate to Client (or anyone claiming through or on behalf
of Client) for any and all claims (including, without limitation, claims expenses such as attorneys’ fees, expert fees, and court costs), losses, costs,
or damages of any nature whatsoever, whether presently known or unknown, liquidated or contingent, resulting from or in any way related to or
arising from the project, this Agreement, or any other cause or causes shall not exceed $50,000 or fee paid under this Agreement. Consultant
and Client intend that this risk allocation shall apply to any and all liability or cause of action against Consultant, however alleged or arising,
unless otherwise prohibited by law. Should Client not pay Consultant in full for all services rendered in accordance with this Agreement, Client
waives and releases Consultant from any and all liability.
6.
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, Client and Consultant, and their respective
officers, directors, partners, employees, members, contractors, or subconsultants shall not be liable to the other, or make any claim for, any
incidental, indirect, consequential, or punitive damages arising out of or connected in any way with this Agreement, or the project or services
that is the subject of this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit,
loss of business, loss of income, damage to or loss of reputation, and any other consequential damages that either party may have incurred
from any cause of action including, without limitation thereby, breach of contract, intentional misconduct, negligence, strict liability, or express or
implied warranty.
7.
All fees and other charges will be billed monthly and shall be due at the time of billing unless otherwise noted in this Agreement.
8.
A late payment FINANCE CHARGE computed at the periodic rate of 1.00% per month, which is an ANNUAL PERCENTAGE RATE of 12%,
shall be added to any unpaid balance due Consultant under this Agreement commencing 30 days after the date of the original invoice. Should
legal action be necessary to enforce the provisions of this Agreement, the Client agrees to pay all attorneys’ fees and court costs incurred in
the prosecution thereof. Client’s failure or refusal to timely pay any compensation due Consultant under this Agreement shall be considered
substantial non-performance of the Agreement by Client and good cause for Consultant to suspend or terminate this Agreement at its sole
option.
9.
Termination – This agreement may be terminated by Client or Consultant at any time for convenience upon thirty (30) days’ written notice.
Upon such termination, Consultant shall deliver to Client a final invoice for work completed through the effective date of termination. Upon
payment of outstanding monies Consultant will provide all documents, work product and deliverables to Client.
10.
Client understands that jurisdictional authorities, public or private utilities, or other third parties exercising inspection or oversight powers with
respect the project that is the subject of this Agreement, Consultant’s professional documents or self-certifications, any permit for construction,
or other applicable law, regulation, policy, guidelines, or interpretations may cause a need for additional office or field work to implement the
lawful decision or direction of such reviewing authorities. Client shall pay Consultant for the additional services required to comply with or
implement the decisions, interpretations, or direction of reviewing authorities according to the terms and fee schedules in effect at the time such
services are performed.
11.
Client shall pay the costs of plan checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering
fees, soils testing fees, aerial topography fees and all other fees, permits, bond premiums, title company charges, blueprints and reproductions,
and all other charges not specifically covered by the terms of this Agreement.
12.
In the event all or any portion of the work prepared or partially prepared by the Consultant is suspended, abandoned, or terminated, the Client
shall pay the Consultant for all fees, charges, and services provided pursuant to this Agreement, not to exceed any contract limit specified
herein. A restart fee equivalent to twenty (20) percent of the base fee payable to Consultant under this Agreement will be charged if the Project
or work of this Agreement is placed on hold. All studies, reports, plans, specifications, certifications or other professional documents generated
by Consultant (collectively “instruments of service”) for this Agreement remain Consultant’s property and Consultant shall be deemed their
author and sole owner. Consultant shall retain all copyrights, common law, statutory and other ownership rights to its instruments of service.
Upon paying in full for Consultant’s services, Client shall obtain a limited, non-exclusive license to use Consultant’s instruments of service for
purposes of this project only. Client acquires no ownership rights to Consultant’s instruments of service by virtue of this Agreement, and it may
not use Consultant’s instruments of service, or any aspect, element, or derivative work based on them for any other purpose. Nor does Client
have any right to further assign, delegate, pledge or transfer the limited license created by this Agreement without the express written permission
of Consultant, which Consultant may withhold in its sole discretion. Client may, consistent with the terms and conditions of this Agreement,
reproduce Consultant’s instruments of service, or portions or derivative works based thereon, to satisfy regulatory requirements of any authority
having jurisdiction over the project, or for the use of any consultant, contractor, subcontractor, or supplier to Client executing the work described
in Consultant’s instruments of service. Consultant’s instruments of service may not be used for any future addition to or alteration of the project
without Consultant’s express written permission.
13.
For delays that are beyond the consultant’s control, such as force majeure, and upon written request from the consultant, the client’s authorized
representative shall negotiate an adjustment to the project schedule set forth in this agreement. A force majeure event is an event beyond the
consultant’s reasonable control, including but not limited to, unusually severe weather, fire, floods, acts of god, pandemics, labor disputes, acts
of terrorism. The consultant shall use all reasonable efforts to minimize the duration and consequences or delay resulting from a force majeure
and shall give client prompt notice of such event.
14.
Printing or plotting of drawings, delivery charges, and postage, as well as review fees, shall be billed as a reimbursable expense at Consultant’s
cost plus ten (10) percent.
15.
Revisions, alterations, or change orders requested by the Client shall be deemed extra work. Consultant will prepare an Additional Services
Agreement to be approved by the Client which details the scope and fee. Client must authorize Additional Services Agreement prior to work
commencing. In the event it is not feasible to prepare an Additional Services Agreement Client agrees to pay Consultant hourly. Consultant
fees will be charged per the fee schedule in effect at the time such revisions are requested.
16.
This proposal is valid for thirty (30) days from the date of preparation. The laws of the state of Arizona, without regard to choice of law principles,
shall govern the interpretation and enforcement of this Agreement and any claim or cause of action for breach of this Agreement. The prevailing
party in any litigation or arbitration arising from or relating to this Agreement, as determined by the court or arbitrator deciding the dispute, shall
be entitled to recover from the non-prevailing party a reasonable sum in compensation of its attorneys’ fees and costs incurred.
17.
Neither party to this Agreement will hire or make an offer of employment to an employee of the other party, without prior written consent of the
other party.
18.
Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and
subconsultants (collectively, Consultant) from and against all losses, damages, liabilities or costs, including reasonable attorneys' fees and
defense costs, to the extent caused by the negligent acts, errors or omissions of Client or Client’s separate contractors, subcontractors,
consultants, or anyone for whom Client is legally responsible in connection with the Project.
19.
By signing this Agreement, Client’s representative represents that he or she has the legal right, power and authority to enter into this Agreement,
and to direct Consultant to study the Project, prepare plans for Project, and enter the Project site.
20.
Except as to those persons or parties expressly named in this Agreement, nothing contained in this Agreement shall confer third party
beneficiary status upon or create a contractual relationship with, right to reliance, or cause of action in favor of any third party against either the
Client or the Consultant. Consultant's services under this Agreement are performed solely for Client's benefit, and no other party or entity shall
have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. Client and
Consultant agree to include a similar disclaimer of third party beneficiaries in all contracts with their respective contractors, subcontractors,
subconsultants, vendors, and other entities involved in this Project to fulfill the intent of this provision.
21.
Client agrees, in any construction contracts and subcontracts awarded in connection with this Project, to require all contractors or vendors of
any tier to carry statutory Workers Compensation, Employers Liability Insurance and limits of Commercial General Liability Insurance (CGL)
that are no less than the limits of insurance required of Consultant. Client further agrees to require all contractors to have their CGL policies
endorsed to name the Client, the Consultant and Consultant’s subconsultants as Additional Insureds, and to provide Contractual Liability
coverage sufficient to insure the hold harmless and indemnity obligations assumed by the contractors. Client shall require all contractors to
furnish to Client and Consultant certificates of insurance as evidence of the required insurance prior to commencing work and upon renewal or
replacement of each policy in effect during the entire period of construction. In addition, Client shall require that all contractors shall, to the fullest
extent permitted by law, indemnify and hold harmless Client, Consultant and its subconsultants from and against any damages, liabilities or
costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with any contractor’s or subcontractor’s
negligent or willful acts, errors or omissions in connection with the project or work that is the subject of this Agreement, including without
limitation all claims by employees of the contractors.
22.
Neither this Agreement, nor any claim or cause of action arising from or relating to this Agreement, its interpretation, enforcement, or breach,
shall be assignable by either Client or Consultant, and any attempted assignment shall be void.
23.
Notwithstanding any other term or condition of this Agreement to the contrary, all claims or legal actions by either party against the other arising
out of or in any way connected with this Agreement or the services performed by Consultant or its subconsultants hereunder shall be barred,
and under no circumstances shall any such legal action be initiated by either party after two (2) years from the completion of Consultant’s
services pursuant to this Agreement, as determined by the final invoice for Consultant’s services, unless this Agreement shall be terminated
earlier by either party, in which case, the date of termination shall be the date from which the time to commence legal action shall commence.
24.
If any term or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such determination shall
apply only to the term or provision so affected, and the remainder of this Agreement shall be fully enforceable and effective as originally agreed.
Notwithstanding the completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement
shall survive and remain in full force and effect until discharged by performance or operation of law.
We are very pleased to have been asked by J2 Design for this agreement. Please indicate your approval by signing
below and returning one copy to WOODPATEL.
Sincerely,
Wood, Patel & Associates, Inc.
Ronald J. Barbala, PLS, CFedS
Vice President
Attachment: Tempe Butte Trailhead - map limits.kmz
RJB/cp
Y:\WP\Proposals\Survey\2025\Tempe Butte ('A' Mountain) Trailhead Mapping Topography Scope J2 Design A Hawkins Rev 10-22-25.docx
AUTHORIZATION & ACCEPTANCE FOR PROFESSIONAL SERVICES
Accepted for
(Organization Responsible for Payment)
Accepted by
(Name and Title)
Signature
Date
Wood, Patel & Associates, Inc.
Central Area - Main
Project Improvement
Area - Full Survey
Southern Area - Need topo
info with Aerial Imagery, but
no additional topo shots req'd
P R O P O S A L
B 2 5 - 0 5 4 4
480.497.5829 | 165 E Chilton Dr, Chandler, AZ 85225
wrightengineering.us
Electrical Engineering & Lighting Design
September 17, 2025
J2 Engineering & Environmental Design
4649 E Cotton Gin Loop, Ste B2
Phoenix, AZ 85040
Re:
Tempe Butte Trailhead Improvements
Attn: Adam Hawkins, PLA, ASLA
Wright Engineering appreciates this opportunity to submit a proposal for electrical engineering
services on the above referenced project. The following services will be performed in a professional
manner to meet City of Tempe requirements:
Electrical Design Scope of Services:
1.
Coordinate design with J2, City Tempe, SRP if new power sources are required, AECOM as
noted:
a.
Project coordination will be performed primarily via email, telephone calls, and virtual
meetings.
b.
Up to (2) two in-person design coordination meetings are included in this scope.
2.
Visit the site to determine existing conditions and electrical power delivery options and
configuration. Please note, this task will require extensive onsite discovery of the existing
conditions, electrical equipment, and loads being served. Up to (1) one visit.
3.
Review existing electrical drawings and load calculations for site.
4.
Determine existing peak demand loads and coordinate proposed electrical loads.
5.
Design the electrical power and lighting system to meet local codes and requirements.
6.
Prepare 24” X 36” electrical construction drawings showing all new equipment to include the
following:
a.
Electrical service entrance, new or modified as required for the project development
b.
Trailhead Monument Signs lighting
c.
Shade structure lighting
d.
Wayfinding, Regulatory and Interpretive signage lighting where appropriate
e.
Landscape and hardscape amenities accent lights
f.
Stone Arch accent lights
g.
Low level path lighting to be implemented where deemed critical for the site
h.
Power to chilled drinking fountain
i.
Restroom Building – power and lighting per City of Tempe standards
7.
Prepare photometric calculations showing all lighting averages and spill light mitigation at
adjacent property lines.
8.
All lighting on/off control will be designed per client’s requirements. All necessary equipment
will be shown on the plans.
9.
For the equipment listed above prepare:
a.
Elevation views
b.
Installation details
c.
Load calculations
d.
Single line diagram
Tempe Butte Trailhead Improvements | B25-
0544
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September 17, 2025
480.497.5829 | 165 E Chilton Dr, Chandler, AZ 85225
wrightengineering.us
e.
Panel schedules
f.
Power conduit and wire table
g.
System fault current calculations
h.
Voltage drop calculations
10. Prepare an engineer’s opinion of probable electrical construction costs and project specific
electrical specifications on the plans.
11. Perform in-house QAQC review and modifications.
12. The above plans will be provided to client at 60%, 90% and 100% Pre-Final and Final
development levels for submittal review and comment. Submittals will be made via email in
digital PDF format. Client will submit to the City and owner as required.
13. Scope is considered final and frozen 12 months after project commencement. Changes,
additions, or deletions to the project after the 12 month period are subject to additional fees.
14. Municipal review comments will be responded to and addressed.
15. Structural calculations for the light foundations; included below as an allowance fee if
required during the design process.
Responsibilities of Others:
1.
Provide Wright Engineering Corp. electronic base files in an AutoCAD format which includes all
proposed and existing utilities, all proposed improvements, and any existing conditions that
affect this scope.
2.
Wright Engineering will submit plans to the project manager/client for submittal to the local
government agencies for approval and permits.
3.
It is anticipated that the electrical service for this project is existing, in the case that it does not
exist; Designation of location of Utility Company point of electrical service connection will be
determined by the local utility company. The owner is responsible for coordination of the
design of all electrical utility power services.
Final Deliverables:
1.
Upon completion of the design, we will provide final sealed documents bearing the signature
of a registered electrical engineer in the State of Arizona.
Engineering Fee:
The above services will be provided as follows:
1.
Electrical Design Services: $12,300.00 (Billed Hourly NTE)
2.
Allowance for Light Pole Structural Calculations (1 Pole Type): $650.00 (Billed Each)
Hourly Rate Schedule:
Any services listed as billed hourly or not specifically included in the Scope of Services section
shall be payable at the following rates:
Principal
$210/hour
Designer
$130/hour
Senior Engineer
$180/hour
Drafter
$110/hour
Engineer
$150/hour
Admin
$80/hour
Tempe Butte Trailhead Improvements | B25-
0544
Page 3 of 5
September 17, 2025
480.497.5829 | 165 E Chilton Dr, Chandler, AZ 85225
wrightengineering.us
Printing Charges:
Although not anticipated, any printing and delivery requested will be charged at cost.
Billing:
We will bill you on a monthly basis for these services. Payment terms are Net 30 days. This
proposal will be valid for the next 90 days. Any engineering or services fees requested to be paid by
credit card will be charged an additional 4.25% for processing. If you have any questions, please
contact us at your earliest convenience.
I look forward to working with you on this project. Please show your acceptance of this proposal by
signing below and returning one copy for my records.
Sincerely,
R. Scott Wright, PE, LC
Wright Engineering Corporation
Tempe Butte Trailhead Improvements | B25-
0544
Page 4 of 5
September 17, 2025
480.497.5829 | 165 E Chilton Dr, Chandler, AZ 85225
wrightengineering.us
Acceptance:
The Client agrees that the technical methods, techniques, and pricing information contained in any
proposal submitted by Wright Engineering pertaining to this project or in this Agreement or any
addendum thereto, are to be considered confidential and proprietary, and shall not be released or
otherwise made available to any third party without the express written consent of Wright
Engineering.
I have received and read Appendix ‘A’ and agree to all terms and conditions as outlined in Appendix
‘A’ and this proposal. By signing, the proposal becomes the agreement and is executed.
Accepted this __________ day of ________________ 2025
______________________________________________________________________
(Company Name)
______________________________________________________________________
(Signature)
______________________________________________________________________
(Print or Type Name)
______________________________________________________________________
(Title)
Client Billing Information:
______________________________________________________________________
(Contract / Accounts Payable Contact Name)
______________________________________________________________________
(Address)
______________________________________________________________________
(Business Phone)
(Mobile Phone)
______________________________________________________________________
(Email)
It is our desire to keep communication flowing freely. To contact us for contract information or
accounts payable information, please email Cami Penrod at cpenrod@wrightengineering.us or call
us at 480.497.5829.
Tempe Butte Trailhead Improvements | B25-
0544
Page 5 of 5
September 17, 2025
480.497.5829 | 165 E Chilton Dr, Chandler, AZ 85225
wrightengineering.us
Appendix ‘A’
Terms and Conditions
Certifications
Wright Engineering Corp. shall not be required to execute any
document that would result in its certifying, guaranteeing or warranting
the existence of conditions whose existence Wright Engineering Corp.
cannot ascertain.
Termination of Services
This agreement may be terminated by the Client or Wright Engineering
Corp. should the other fail to perform its obligations hereunder. In the
event of termination, the Client shall pay Wright Engineering Corp. for
all service and reasonable expenses rendered to the date of
termination.
Ownership of Documents
All documents produced by Wright Engineering Corp. under this
agreement shall remain the property of Wright Engineering Corp. and
may not be used by the Client for any other endeavor without the
written consent of Wright Engineering Corp.
Billings/Payments
Invoices for Wright Engineering Corporation services shall be
submitted, at Wright Engineering Corporation’s option, either upon
completion of such services or on a monthly basis. Invoices shall be
payable within 30 days after the invoice date. If the invoice is not paid
within 30 days, Wright Engineering Corporation may, without waiving
any claim or right against the Client, and without liability whatsoever to
the Client, terminate or suspend the performance of the service.
Accounts unpaid 60 days after the invoice date may be subject to a
monthly service charge of one-and-one-half percent (1.5%) (or the
maximum rate allowed by law, whichever is less) on the then unpaid
balance. In the event any portion, or all of an account remains unpaid
90 days after billing, the Client shall pay all costs of collection
including reasonable attorney’s fees.
Unauthorized Changes
In the event the Client, the Client’s contractors or subcontractors, or
anyone for whom the Client is legally liable makes or permits to be
made any changes to any reports, plans, specifications or other
construction documents prepared by Wright Engineering Corp.
without obtaining Wright Engineering Corporation’s prior written
consent, the Client shall assume full responsibility for the results of
such changes. Therefore, the Client agrees to waive any claim against
Wright Engineering Corp. and to release Wright Engineering Corp. from
any liability arising directly or indirectly from such changes. In addition,
the Client agrees, to the fullest extent permitted by law, to indemnify
and hold harmless Wright Engineering Corp. from any damages,
liabilities or costs, including reasonable attorneys’ fees and costs of
defense, arising from such changes.
Permits and Approvals
It is the responsibility of the Client to obtain all permits and approvals
normally required by law for projects similar to the one for which Wright
Engineering Corporation’s services are being engaged. Wright
Engineering Corp. may assist the Client as requested in applying for
those permits and approvals for an additional fee. This service is not
included in the Basic Services of this Agreement.
Construction Supervision
The Consultant shall not supervise, direct or have control over the
Contractor’s work nor have any responsibility for the construction
means, methods, techniques, sequences or procedures selected by
the Contractor nor for the Contractor’s safety precautions or programs
in connection with this Work. These rights and responsibilities are
solely those of the Contractor in accordance with the Contract
Documents. The Consultant shall not be responsible for any acts or
omissions of the Contractor, subcontractor, any entity performing any
portions of the Work, or any agents or employees of any of them. The
Consultant does not guarantee the performance of the Contractor and
shall not be responsible for the Contractor’s failure to perform its Work
in accordance with the Contract Documents or any applicable laws,
codes, rules or regulations.
Changed Conditions
If, during the term of this Agreement, circumstances or conditions that
were not originally contemplated by or known to the Consultant are
revealed, to the extent that they affect the scope of services,
compensation, schedule, allocation of risks or other material terms of
this Agreement, the Consultant may call for renegotiation of
appropriate portions of this Agreement. The Consultant shall notify the
Client of the changed conditions necessitating renegotiation, and the
Consultant and the Client shall promptly and in good faith enter into
renegotiation of this Agreement to address the changed conditions. If
terms cannot be agreed to, the parties agree that either party has the
absolute right to terminate this Agreement, in accordance with the
Termination provision hereof.
Attorneys’ Fees
In the event of any litigation arising from or related to this Agreement or
the services provided under this Agreement, the prevailing party shall
be entitled to recover from the non-prevailing party all reasonable
costs incurred, including staff time, court costs, attorneys’ fees and all
other related expenses in such litigation.
Arbitration
In an effort to resolve any conflicts that arise during the design and
construction of the Project or following the completion of the Project,
the Client and the Consultant agree that all disputes between them
arising out of or relating to this Agreement or the Project shall be
submitted to non-binding arbitration unless parties mutually agree
otherwise.
Proprietary Information
The Client agrees that the technical methods, design details,
techniques and pricing data contained in any material submitted by
Wright Engineering Corp pertaining to this Project or this Agreement
shall be considered confidential and proprietary, and shall not be
released or otherwise made available to any third party without the
express written consent of Wright Engineering Corp.
Indemnification
The Consultant and the Subconsultant mutually agree, to the fullest
extent permitted by law, to indemnify and hold each other harmless
against all damages, liabilities or costs, including reasonable
attorneys’ fees and defense costs, arising from their own negligent
acts in the performance of their services under this Agreement, to the
extent that each party is responsible for such damages, liabilities and
costs on a comparative basis of fault.
Insurance
Wright Engineering Corporation shall carry and maintain the following
types of insurance that covers the entire scope of work described in the
contract: (i) commercial general liability (Bodily Injury/Property
Damage) $1,000,000 per occurrence and $2,000,000 general
aggregate; (ii) professional liability in the amount of $5,000,000 per
occurrence and $5,000,000 aggregate; and (iii) an umbrella policy in
the amount of $4,000,000 per occurrence and $4,000,000 aggregate.
Limitation of Liability
Neither the engineer, the engineer’s consultants, nor their agents or
employees shall be jointly or individually liable to the owner in an
amount in excess of our insurance limits.
Project Name:
Client:
TASK NUMBER
TASK DESCRIPTION
Pincipal
Senior
Engineer
Engineer
Designer
Drafter
Admin
TOTAL
Hourly Rate
$210.00
$180.00
$150.00
$130.00
$110.00
$80.00
100
Project Coordination/Management
0.00
0.00
4.00
4.00
0.00
1.00
9.00
101
Visit Site
0.00
0.00
3.00
3.00
0.00
0.00
6.00
102
Meetings
0.00
0.00
6.00
6.00
0.00
0.00
12.00
103
Plan Development
0.00
0.50
8.00
16.00
0.00
0.00
24.50
104
Details, Photometrics, Power & Voltage Drop
Calculations
0.00
0.00
6.00
16.00
0.00
0.00
22.00
105
Specifications & OPC
0.00
0.00
1.00
2.00
0.00
0.00
3.00
106
QAQC
0.00
1.00
2.00
2.00
0.00
0.00
5.00
107
Plan Submittal
0.00
0.00
0.00
2.00
0.00
0.00
2.00
108
Comment Resolution/Address Redlines
0.00
0.00
2.00
4.00
0.00
0.00
6.00
SUB TASK HOURS PER CATEGORY
0.00
1.50
32.00
55.00
0.00
1.00
89.50
SUB TASK FEE PER CATEGORY
$0.00
$270.00
$4,800.00
$7,150.00
$0.00
$80.00
$12,300.00
$12,300.00
Electrical Engineering & Lighting Design
Tempe Butte Trailhead
City of Tempe
September 17, 2025
ELECTRICAL DESIGN SERVICES
TOTAL FEE
Electrical Engineering
Services Fee Schedule
WestLand Engineering & Environmental Services
C:\Users\emartinez\Box\Projects\Projects\14300s\0000014309\0_Admin\PM\Proposal\20250919_Submittal\14309_Tempe Butee Trailhead Cultural Proposal.docx
2020 N. Central Avenue, Suite 695
Phoenix, AZ 85004
602.888.7000
September 19, 2025
Mr. Jeff Velasquez, PLA, ASLA
J2 Engineering & Environmental Design
4649 E. Cotton Gin Loop, Suiter B2
Phoenix, Arizona 85040
Sent via email: JVelasquez@J2design.us
RE:
TEMPE BUTTE TRAILHEAD IMPROVEMENTS
CULTURAL RESOURCES ASSESSMENT AND
GEOTECHNICAL MONITORING
WESTLAND PROPOSAL NO. P14309
Dear Mr. Velasquez:
WestLand Engineering & Environmental Services (WestLand) is pleased to provide J2 Engineering &
Environmental Design with this proposal for a cultural resources assessment and geotechnical monitoring
services in support of the City of Tempe’s trailhead improvements at Tempe Butte. The project is within
the boundaries of archaeological site AZ U:9:165(ASM) which is eligible for listing on the National Register
of Historic Places (NRHP) and Tempe Butte (Oitbad) which is listed on the NRHP as a traditional cultural
place (TCP).
The City of Tempe Historic Preservation Office recommends archaeological monitoring for geotechnical
borings required for the project. Because the monitoring will occur within the boundaries of a known
archaeological site and TCP on City-owned land, the work must be conducted under a project-specific
Arizona Antiquities Act (AAA) permit issued by the Arizona State Museum (ASM). Cultural resources within
the project area have been thoroughly documented by prior studies; therefore, it is anticipated that no
new survey will be required for the project. Prior to the work, WestLand will obtain a Burial Discovery
Agreement from ASM. A WestLand archaeologist will monitoring the geotechnical boring and prepare a
report that will document the results.
Tempe Butte has been the focus of numerous cultural resource investigations and is well documented. It
is anticipated no new survey will be required for this project. For the overall project, WestLand will
conduct a cultural resources assessment using the existing information from the prior investigations on
and around Tempe Butte and prepare a summary report to present the results. WestLand will research
records on the AZSITE online database, conduct an in-person records review at the ASM Archaeological
Records Office, study historical maps and aerial photographs of the area, and gather prior survey and data
recovery reports that have taken place on and near Tempe Butte from other CRM consultants and
agencies. The report will provide a summary of the prior projects and findings, identify the known cultural
resources within project limits and the surrounding vicinity, evaluate the potential for impacts to the
known cultural resources, and provide management recommendations for their treatment.
WestLand Engineering & Environmental Services | Page 2
SCOPE OF SERVICES
For this project WestLand proposes to provide the following services:
x
Obtain an AAA Project-Specific Permit and repository agreement from the ASM for the
geotechnical monitoring.
x
Perform the archaeological monitoring (assumes no more than 2-days of fieldwork) and prepare
a summary report.
x
Perform a cultural resources assessment and prepare a report to document the results and
provide management recommendations.
COST SUMMARY
WestLand can provide the services described above on a time-and-materials basis for a not-to-exceed fee
of $31,889. This cost, broken down by task, is provided in Table 1.
Table 1. Cost Breakdown
Task
Labor
Expenses
Total
Project Management/Coordination
$ 4,365
$ 92
$ 4,457
Permits (geotech)
$ 524
$ 0
$ 524
Fieldwork (geotech)
$ 2,658
$ 341
$ 2,999
Report (geotech)
$ 2,798
$ 0
$ 2,798
Curation (geotech)
$ 562
$ 3,753
$ 4,315
Cultural Resource Assessment/Report
$ 16,796
$ 0
$ 16,796
TOTAL
$ 31,889
This cost estimate is based on the following assumptions:
x
The geotech monitoring will not exceed two days.
x
ASM permit/curation fees will not exceed $3,753.55.
x
The cultural resources assessment will be based on existing information from previous projects;
no new survey will be required.
WestLand understands that if you find the scope of services and costs described herein to be acceptable,
J2 will issue a notice to proceed under a subcontractor agreement between WestLand and J2. WestLand
appreciates the opportunity to work with you on this project. If you have any questions or require
additional information, please do not hesitate to call.
Respectfully,
WestLand Engineering & Environmental Services
Jocelyn Bernatchez, Ph.D.
Cultural Resources Director – Archaeology & Historic Preservation
Arizona State Museum c/o ORP Business Center
University of Arizona
Marshall Building - Room 525
845 N Park Avenue
PO Box 210158B
Tucson, AZ 85721
Westland Resources Inc.
4001 E. Paradise Falls Drive,
Tucson, Arizona 85712
Quote
Quote No. 12575-Q1
Date: September 16, 2025
Valid to: November 15, 2025
Request No. 12575
Company Name: Westland Resources Inc.
Request Name: Tempe Butte Trailheads-Geotech
Company Project No. 14309
Request Contact
Contact Name: Katelyn Canez (kcanez@westlandresources.com)
Contact Name: Lindsay Wygant (lwygant@westlandresources.com)
Contact Name: Shalyn Bristow (sbristow@westlandresources.com)
Services Requested
Service: Burial Discovery Agreement
Burial Agreement Landownership: State Land
Burial Agreement Type: Standard
No. of Estimated BDA Linear Inches: 1
Service: Project Registration
Project Type: Site Monitoring
Landownership: State County or Municipal
Site Number(s): AZ U:9:165(ASM)
No. of Person Field Days: 1
Arizona Antiquities Act Permit
Site Monitoring takes place within the boundary of an ASM Site on State Land: Yes
AAA Project-Specific Permit: SELECTED
Treatment Plan Type: General
ASM Repository Agreement
Request a Repository Agreement with ASM: SELECTED
Expedited ASM Repository Agreement: NOT REQUESTED
Estimated quantities of materials to be curated at ASM
No. of Linear Inches of documents to be curated at ASM: 1
No. of New ASM Site Cards to be submitted: 0
No. of ASM Site Card Updates to be submitted: 1
No. of Digital Images to be submitted: 5
No. of Half Boxes to be submitted: 1
No. of Catalog Objects to be submitted: 1
Request note:
Please Note: Tasks and Costs below where the Curation column is listed as "YES" will appear on Invoice 2
and the quantities listed on this quote are subject to change.
Rate Based Fees
Task Name
Curation
Task
Quantity
Quantity Type
Task
Time
(minutes)
Rate
(hourly) Amount
ASM Site Card Update - Assistant
YES
1
No. of ASM Site Card
Updates
45
38
$28.50
ASM Site Card Update -
Specialist
YES
1
No. of ASM Site Card
Updates
120
83
$166.00
Catalog Individual Artifact -
Assistant
YES
1
No. of Catalog Objects
36
38
$22.80
Catalog Individual Artifact -
Specialist
YES
1
No. of Catalog Objects
132
83
$182.60
Catalog Individual Artifacts
Curation - Professional
YES
1
No. of Catalog Objects
15
125
$31.25
Collections Intake - ARO
Assistant
YES
1
No. of Projects
40
38
$25.33
Collections Intake - Specialist
YES
1
No. of Projects
120
83
$166.00
Prepare Archive - Assistant
YES
1
No. of BDA Linear Inches
18
38
$11.40
Prepare Archive - Assistant
YES
1
No. of Linear Inches
18
38
$11.40
Prepare Archive - Professional
YES
1
No. of BDA Linear Inches
20
125
$41.67
Prepare Archive - Professional
YES
1
No. of Linear Inches
20
125
$41.67
Prepare Bulk Artifacts - Assistant
YES
1
No. of Half Boxes
24
38
$15.20
Prepare Bulk Artifacts -
Specialist
YES
1
No. of Half Boxes
30
83
$41.50
Prepare Photos - Specialist
YES
5
No. of Digital Images
18
83
$124.50
Process Images - Professional
YES
5
No. of Digital Images
6
125
$62.50
Project Registration: Site
Monitoring - Specialist
NO
1
No. of Projects
108
83
$149.40
Receive Burial Agreement
Application - Professional
NO
1
No. of BDAs
30
125
$0.00
Repository Services Agreement
Processing - Specialist
NO
1
No. of Projects
100
83
$138.33
Review Burial Agreement
Application - Professional
NO
1
No. of BDAs
30
125
$0.00
Review Draft Report (BA) -
Professional
YES
1
No. of BDAs
120
125
$250.00
Review Draft Report -
Professional
NO
1
No. of Permits
90
125
$187.50
Review Draft Report - Specialist
NO
1
No. of Permits
90
83
$124.50
Review Permit Application -
Professional
NO
1
No. of Permits
120
125
$0.00
Review Permit Application -
Specialist
NO
1
No. of Permits
240
83
$0.00
Subtotal: $1,822.05
Unit Based Fees
Cost Description
Curation
Cost
Quantity
Quantity Type
Unit Cost
Amount
Curation in perpetuity of a half-cubic-foot
box of artifacts
YES
1
No. of Half Boxes
$1,502.00 $1,502.00
Curation in perpetuity of a linear inch of BDA
documentation
YES
1
No. of BDA Linear
Inches
$214.75
$214.75
Curation in perpetuity of a linear inch of
documentation
YES
1
No. of Linear
Inches
$214.75
$214.75
Subtotal: $1,931.50
Total: $3,753.55
This quote is provided in good faith based on the assumptions and information submitted via the Arizona State
Museum (ASM) Request for Quote Questionnaire. This quote applies only to the specific project for which the Request
for Quote was submitted. If at any time the scope of this project escalates beyond that which was outlined within the
Request for Quote Questionnaire, a revised quote (Rev.) will be issued, and thereafter become binding. The rates and
fees listed in this quote are valid for 60 calendar days after the date issued.
September 17, 2025
For:
Project:
LISA RANZENBERGER
6 0 2 . 7 2 2 . 9 8 4 8
l i s a r a n z e n b e r g e r @ i c l o u d . c o m
Tempe Butte Trailhead
Allowance for:
Development of an interpretive program inclusive of a comprehensive story framework, necessary
content and imagery research followed by panel graphics design.
Based on the existing Tempe Butte Trailhead masterplan, further the development of and
generating design intent documentation for entry monumenation, interpretive structures, and
directional and regulatory signage elements.
$13,000
J2 Engineering and Environmental Design - Adam Hawkins
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EXHIBIT B
AFFIDAVIT DEMONSTRATING LAWFUL
PRESENCE IN THE UNITED STATES
A.R.S. § 1-501 and § 1-502 require any individual person or sole proprietor who applies to the City for a local
public benefit (including the award of a contract) to demonstrate his or her lawful presence in the United States. An
individual person or sole proprietor who submits a bid for this contract must complete this Affidavit and submit it
with the bid, 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 _____________________ 2026.
[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 fifteen (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 fourteen (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 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.
EXHIBIT E
CITY OF TEMPE
TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
AFFIDAVIT OF GENERAL CONTRACTOR / PRIME CONSULTANT
REGARDING HEALTH INSURANCE
, Arizona
Date
Hayden Butte Improvements – Trailhead Design
Project No. 6311831
I hereby certify that ______________________________________________ (name of company) currently has, and
all of its major subcontractors/sub-consultants, defined as doing work in excess of $100,000.00, 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 2026.
General Contractor/Prime Consultant
By:
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
SUBCRIBED AND SWORN to before me this ___________ day of _____________________ 2026.
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