3208023A-CON-CAROLLO ENGINEERS-ASSET MAINTENANCE 2023-STWTP.PDF
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CITY OF TEMPE, ARIZONA
ENGINEERING AND TRANSPORTATION DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR PROFESSIONAL SERVICES
DESIGN
This Contract is made and entered into on the 4th day of January , 2024,
by and between the City of Tempe, an Arizona municipal corporation (“City”), and Carollo
Engineers, Inc., a Delaware corporation (“Consultant”).
City engages Consultant to perform professional services for a project known and described as
Asset Maintenance 2023-South Tempe Water Treatment Plant, Project No. 3208023A
(“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 George Whitten 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 submit all final construction documents (electronically or
manually generated). The electronic format shall be AutoCADD compatible, and
all other documents shall be Microsoft Office compatible. The electronic
submission of the plans shall have two versions: one (1) in AutoCADD and one
(1) as a PDF(A) version of the AutoCADD file. The software version used shall
be compatible to current City standards. Other support documents, for example,
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structural calculations, drainage reports and geotechnical reports, shall be
submitted electronically.
1.6.
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.
1.7.
Consultant shall perform the work in a manner and at times which do not impede
or delay City’s operations and/or functions.
1.8.
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 240 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 $691,958.84, unless otherwise authorized by
City. This fee includes an allowance of $3,000.00 for reimbursable expenses, which in
no event will ever be more than actual cost.
3.1.
Payment for this Contract shall be based on the following Budget Schedule:
Task Description
Method
Amount
Design Services
Hourly not to Exceed
$585,958.84
Subtotal Task Amount:
$585,958.84
Allowances
Method
Amount
Survey Services
Not to Exceed
$3,000.00
Owner’s Allowance
Not to Exceed
$100,000.00
Reimbursable Expenses
Not to Exceed
$3,000.00
Subtotal Allowances Amount:
$106,000.00
Total Compensation
Not to Exceed:
$691,958.84
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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, 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 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.
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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.
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 4600 E. Washington Street, Suite 500, Phoenix, Arizona
85034. 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.
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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.
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.
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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).
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
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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.
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 0001 1/87 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 0001 7/98 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”).
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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.
7.
HEALTH INSURANCE REQUIREMENTS
7.1.
Consultant must certify that it has or will offer health insurance to all eligible
employees working on services set forth in this Contract prior to the performance
of any work or services. An affidavit certifying such offering must be signed in a
form approved by City. All required health insurance must be maintained during
the entire time of the Contract with City. Health insurance pursuant to this
Section 7 is not required for temporary employees or students working part-time
who are enrolled in a recognized educational institution.
7.2.
The health insurance requirements herein shall apply to all of Consultant’s
eligible employees directly involved with the services set forth in this Contract,
including support and administrative personnel.
7.3.
Any and all complaints concerning violations of the health insurance requirements
shall be filed, in writing, with the City’s Engineering and Transportation
Department, within 30 calendar days from discovery of a potential violation. An
administrative hearing will be held before the Engineering and Transportation
Director, and a written decision of findings will be provided to the parties to the
hearing within 14 calendar days thereafter. Appeal from the decision of the
Engineering and Transportation Director may be made within 14 calendar days of
the date of the decision by filing a notice of appeal in writing with the
Engineering and Transportation 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.
7.4.
Penalties for failing to comply with this Section 7 include, but are not limited to
the following: Consultant may be barred from bidding on, or entering into any
Engineering and Transportation contract with City for a period of three years from
the execution of the Contract.
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7.5.
All Consultants subject to the health insurance requirements shall post in English,
notice of the health insurance requirements at their office and at the job site.
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.
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,
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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
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.
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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.
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
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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
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.
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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.
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. This Contract shall be governed and interpreted by the laws of
the State of Arizona.
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
a Delaware corporation, licensed to do business in the state of Arizona and
currently in good standing, and that it is not now in violation of any agreement,
instrument, contract, law, rule or regulation by which Consultant is bound.
14
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.
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
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.
15.23. 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:
Julian Dresang, P.E.
City Engineer
Engineering and Transportation
Department/Engineering Division
31 E 5th Street, Mail Stop 01-8
Tempe, AZ 85281
CONSULTANT:
________________________________
(Printed Name of Signatory)
Carollo Engineers, Inc.
4600 E. Washington Street, Suite 500
Phoenix, AZ 85034
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.
16
15.26. 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.
15.27. 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.
[SIGNATURE PAGE TO FOLLOW]
17
SIGNATURE PAGE
Asset Maintenance 2023-South Tempe Water Treatment Plant
Project No. 3208023A
DATED this 4th day of January , 2024.
CITY OF TEMPE, ARIZONA
By:
Corey D. Woods, Mayor
By:
Interim Engineering and Transportation Director
ATTEST:
Recommended By:
Kara A. DeArrastia, City Clerk
Deputy Engineering and
Transportation Director/City Engineer
APPROVED AS TO FORM:
Sonia M. Blain, 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
Carollo Engineers, Inc.
Signature
Printed Name
Title
Email Address
Federal I.D. No./Social Security No.
4600 East Washington Street, Suite 500
Phoenix, Arizona 85034
P 602-263-9500
carollo.com
Project No 3208023A / 3208023A STWTP Asset Maintenance 2023 – Carollo Design Proposal.docx
November 17, 2023
Jenny Lopez, P.E.
City of Tempe
31 E. Fifth St., Garden Level
Tempe, AZ 85281
Subject:
3208023A STWTP Asset Maintenance 2023 – Carollo Design Proposal
Dear Jenny:
Please find attached the Carollo design proposal package for the engineering design services associated with the
3208023A STWTP Asset Maintenance 2023 project. The purpose of this project is to rehabilitate critical systems at
the City of Tempe’s (City) South Tempe Water Treatment Plant (STWTP), as detailed further in the attached scope
of services. The City has retained Carollo Engineers, Inc. (Carollo) to provide engineering design services for this
scope of services.
Following is a summary table of the contract costs (Time and Materials, Not-to-Exceed):
Line Item
Fee Amount
Consultant’s Fee (Hourly Not -to-Exceed)
$585,958.84
Survey Services Allowance
$3,000.00
Owner’s Allowance
$100,000.00
Reimbursables Allowance
$3,000.00
Grand Total (Not-to-Exceed)
$691,958.84
The anticipated contract duration, as detailed in the attached proposal package, is 240 calendar days. Mark
Gross, copied, will be signing the contract when approved.
Sincerely,
CAROLLO ENGINEERS, INC.
George Whitten
Project Manager, Associate
gw:gw
Enclosures: Carollo Design Services Proposal
cc:
Mark Gross, Erich Bonz
Page 1 of 18
Attachment A
City of Tempe
Asset Maintenance 2023 – STWTP
Tempe CIP Project No. 3208023A
Scope of Work – Design Services
November 17, 2023
Purpose
The purpose of this project is to rehabilitate critical systems at the City of Tempe’s (City) South Tempe
Water Treatment Plant (STWTP). The City has retained Carollo Engineers, Inc. (Carollo) to provide
engineering services for the project, improvements, and work items summarized below:
Replace the second plant sodium hypochlorite tank, including side hatches, and a full tank drain
with the new tank. Work includes the addition of a chemical resistant coating to the floor and area
around the tank to prevent concrete degradation.
Replace the hydrofluosilicic acid (fluoride) tank. A temporary tank is currently being used to feed
fluoride as the permanent tank is out of commission.
Replace four (4), 48” ultraviolet (UV) process area valves which will have replaceable seats. This
work item includes the replacement of the actuators for effluent valves 1, 3, and 4, and influent
valve 4 influent
Provide new sedimentation sludge blowdown valves vaults. The valves are currently direct buried
and are difficult to access for maintenance.
New dosing channel sludge and scum removal system and installation of additional maintenance
access. The dosing channel has been experiencing challenges related to solids deposition and
floating scum buildup due to increased chemical usage to treat for disinfection byproducts. These
solids then have to be manually removed during a plant shutdown and potentially cause process
issues as material is carried over to the process basins.
Rehab filter underdrain and accessway and replace filter media in two of the six filters. The filter
underdrains, supports, and accessways are aged and require rehabilitation. There have been
significant media losses and process performance issues due to mechanical and/or structural
breakdown in these basins. It is necessary to rehabilitate this system to restore the filters to their
full production capacity.
Rehab the sodium hypochlorite generation system by installing a new skid-mounted sodium
hypochlorite generator to match the existing recently installed unit.
The City intends to engage a Construction Manager at Risk (CMAR) to provide pre-construction and
then construction services. The CMAR will be engaged during design and will provide constructability
and value engineering inputs, as well as cost models and procurement and plant tie-in. Maintenance of
Page 2 of 18
Plant Operations (MOPO) strategies and planning will also be developed by the CMAR, City, and
Carollo.
Project tasks are described below, and the project fee is attached as Exhibit B. A summary project
schedule is provided at the end of this scope. It’s assumed that Carollo’s construction administration
and inspection services will be negotiated under a separate scope/fee, as requested by the City at the
appropriate time.
Scope of Work
The Project’s Scope of Work includes the following major tasks:
Task 100 – Project Management and Meetings
Task 200 – Preliminary Design
Task 300 – Detailed Design
Task 400 – Permitting and Regulatory Agency Coordination
Task 500 – Coordination with CMAR
Allowances
Task Series 100 – Project Management and Meetings
Carollo will perform various project management and monitoring activities. Specific project
management services include progress meetings and review workshops; development of project
progress reports to be included with monthly invoices; coordination and collaboration with City staff;
and general project management activities.
Task 101 – Meetings and Review Workshops
Kickoff Meeting
Carollo will conduct a project kickoff meeting with the City to review design goals and objectives, the
project work plan, and schedule. At the kickoff meeting Carollo will provide a project schedule using the
critical path method shown in a Gantt-style chart.
Progress Meetings through Design
During the preliminary and detailed design phases, Carollo will conduct up to 3 progress meetings with
the City’s project team including the CMAR, to collect relevant information, present progress to date,
receive guidance on the design efforts, discuss issues and concerns, and monitor the progress of work.
Carollo will develop the meeting agenda and discussion materials. Following each progress meeting,
Carollo will provide meeting minutes within 48 hours, including relevant action items and a decision log,
for distribution to the City. These meetings will typically have a duration of approximately 1 hour. Note
these meetings are separate from the design review workshops noted below.
Design Submittal Review Workshops
Upon submittal of each of the major deliverables including the BODR, 30%, 60%, 90%, and final
designs, Carollo will conduct a 3-hour review workshop. Following the review workshops, Carollo will
provide meeting minutes, including relevant action items and a decision log, and progress the design
as a result of the City’s feedback in the next deliverable. It is assumed the City will provide additional
Page 3 of 18
feedback no later than two weeks after a review workshop.
The above meetings as included in this scope of work are detailed in the table below:
Meeting Type
Number of
Meetings
Project Kickoff
1
Field Visits
1
Progress Meetings
3
Workshops/Comment Resolution
5
Total
10
Task 102 – Project Management Activities
Monthly Progress Reports and Invoices
Carollo will provide monthly status reports to the City that will accompany and supplement monthly
invoices. These reports will provide a narrative summary of progress on the Project, including budget
and schedule status. The report will discuss work completed on the Project for the reporting period and
anticipated work for the next period. Any out-of-scope work will be identified in this progress report.
Assumptions:
The effort for Task 101 is for meetings held with City staff or other meetings where the City
needs Carollo’s presence.
Carollo will attend and participate in all project meetings.
Carollo will compile meeting notes, along with Action Items, within two business days after the
meeting and send to the City’s Engineering project manager for review; then after approval
Carollo will distribute to all meeting invitees.
The City will provide Carollo deliverable comments during the 3-hour design workshops and have
an open period for final comments within 2 weeks of receipt of the deliverables.
City Input:
The City will have representation at progress/review meetings and provide input and feedback.
City’s Engineering PM will work with Carollo’s PM to schedule all formal design meetings that
include the City staff/stakeholders. Carollo is to compile all review comments and enter into a
comment/response spreadsheet that will be used to track all comments & responses. Carollo
shall submit all compiled comments & responses to the City’s Engineering PM within one week
of review/comment resolution meeting.
Deliverables:
Design and deliverable schedule updates as needed
Meeting and workshop agenda to be prepared and distributed at least one business day in
advance.
Recorded meeting notes and attendance sheets.
Invoice reports
Page 4 of 18
Task Series 200 – Preliminary Design Services
Task Series 200 includes preliminary design services including evaluation and preparation of
alternatives, basis of design report, and 30% design submittal. The basis of design report will
summarize the preliminary design elements for the project work items and the alternatives evaluations
results.
Task 201 – Filter Condition Assessment
This task will include coordination with the City to complete an assessment of the filter underdrains.
The task includes a day of field site investigation and subsequent findings documented within a Design
Concepts Project Memorandum. The findings will help inform the City of current underdrain conditions
to help inform the rehabilitation of the current wheeler ball underdrain system. While additional
underdrain technologies will be discussed in the evaluation, the current design scope does not include
replacement with another technology, only rehabilitation of the existing underdrain system.
Task 202 – Alternatives Analysis
Carollo will define the design alternatives for the following project scope items:
Hydrofluorosilicic Acid Tank Configuration
Dosing Channel Upgrades
Filter Underdrain Rehab
Carollo will present findings of the above alternatives at a basis of design workshop to review the
identified work items with the goal to select the preferred design alternative for each of the above work
items. Conceptual sketches will be prepared for the basis of design workshop, to aid attendees with
visualizing the alternatives. The design alternatives evaluation will include development of conceptual
construction costs and/or life-cycle costs (as needed) for the purposes of comparing the design
alternatives relative to each other. The alternatives analysis and recommendations will be included within
a Design Concepts Project Memorandum.
Task 203 – Preliminary Opinion of Probable Cost for Construction
Carollo will prepare an opinion of construction cost from preliminary design information. Quantities that
can be approximated from schematic drawings and standard specifications will be used to develop costs.
The balance of quantities that are unknown will be based on Carollo’s assumptions and will include an
appropriate amount of contingency. This opinion of probable construction cost will be independent from
the CMAR’s cost estimate and will be submitted only to the City and not the CMAR.
Task 204 – Basis of Design Report
A basis of design report will be completed for the project scope items, including:
1. Sodium Hypochlorite Tank Replacement
a. This work item will include replacement of Tank No.2 including the side hatches and full
drain. The City desires to have a coating around the floor and pads to prevent concrete
degradation. This may include small modifications to the existing shade structure to install
new tank.
Page 5 of 18
2. Fluorosilicic Acid Tank Replacement
a. This work item will be accelerated as it is a high priority item. The City is currently using a
temporary tank, Carollo will provide alternatives for tank configuration with the possibility
of removing the day tank.
3. Ultraviolet Process Area Large Valve Replacements.
a. This work item includes the replacement of four (4), 48” ultraviolet (UV) process area
valves and actuators. Carollo will develop a plan for the valve removal and replacement
process with the CMAR. Replacement of actuators to include new HOA stations, and
installation of remote control to wedeco system.
4. New Sedimentation Sludge Blowdown Valve Vaults
a. This work item includes the design of vaults for better access to the valves. The East
valves were previously replaced but had issues when backfilling.
5. Dosing Channel Upgrades
a. This work item will include design of a dosing channel valve and downward opening weir
gate system for removal of scum.
6. Filter Underdrain
a. This work item includes the rehabilitation of the current wheeler ball filter underdrain
system for two of the City’s filters.
7. Sodium Hypochlorite Generation System
a. Rehab the sodium hypochlorite generation system by installing a new skid-mounted
sodium hypochlorite generator to match the existing recently installed unit.
b. Note that the JGMWTP also requires a replacement sodium hypochlorite generation
system. This work will likely require its own assessment, design, and permit and has been
included in this scope under the owner’s allowance to be used after City feedback and
funding discussions/approval.
Specific components documenting the basis of design will be provided in a basis of design report for
each work item, as applicable, including:
Site layouts
Process flow diagrams as basis for process and instrumentation diagrams (P&IDs).
Capital cost opinion, Class 4 per the American Association of Cost Engineers (AACE)
International
A review of previous project Geotechnical Studies to confirm they are adequate for the project.
Process equipment selections and equipment lists
Equipment requirements – size, type, and horsepower
Electrical systems description
Process control and instrumentation system description and flowchart
The following codes will be used for this design:
o International Energy Conservation Code (IECC) 2018
o International Building Code (IBC) 2018
o International Mechanical Code (IMC) 2018
Page 6 of 18
o National Electrical Code (NEC) 2017
o International Plumbing Code (IPC) 2018
o International Fire Code (IFC) 2018
o Tempe Building Safety Administrative Code 2018
o City of Tempe Building Codes & Amendments per Community Development
Dept/Building Safety Division
o Maricopa Association of Governments Uniform Standard Specifications for Public
Works Construction, Latest Revision
o Maricopa Association of Governments Uniform Standard Details for Public Works
Construction, Latest Revision
Task 205 – Thirty Percent (30%) Progress Submittal
Carollo will prepare a 30% design progress submittal of design drawings including the following
disciplines:
General
Civil/Demolition
Structural
Process/Mechanical
Electrical
Instrumentation and Controls
The 30% progress submittal drawings content will include the following:
1. Process:
Process: General sizing and arrangement of process components
2. Civil/Demolition:
Overall site layouts.
Existing utilities and facility horizontal controls/elevations.
Demolition plans.
3. Structural:
The main structural system and detailed design approach for each structural component is
established.
Layout plan drawings and principal sections are started.
4. Process/Mechanical:
Preliminary layout of major equipment completed.
All major equipment and piping elevations, pipe sizes, work clearances, equipment spacing,
access, code requirements are shown.
Preliminary equipment schedule is started.
Preliminary piping schedule is started.
5. Electrical:
Preliminary single line diagrams of major distribution system are prepared.
6. Instrumentation and Controls:
Page 7 of 18
Preliminary Process and Instrumentation Diagrams (P&IDs) developed to a degree which
depicts primary process lines, major equipment, initial instrument type selections, and
preliminary equipment tagging.
As part of the 30% design effort, Carollo will assist the CMAR with identifying long-lead and critical
equipment procurement for the project. Preselection and early procurement packages may then be
developed as part of the 60% design effort.
Assumptions:
None.
City Input:
The City will determine an appropriate project budget based on the Engineer’s opinion of
probable construction cost.
The City will provide comments or decisions based on the review of the Basis of Design Report
The City will provide special instructions such as equipment preferences, etc.
Deliverables:
Draft and Final Design Concepts Memorandum, pdf. files
Draft and Final Basis of Design Report, .pdf & MS Word files
30% Design Drawings, pdf files.
Task Series 300 – Detailed Design
Carollo will prepare construction drawings and specifications, with deliverables reviewed by the City and
others during the design development period. The project decision/action items log will be maintained to
track key project decisions made during project review workshops or through other communications from
the City. This log will also track key action items that are needed to progress the project design.
Preparation of construction drawings and technical specifications will be as follows:
1. Drafting Standards: The organization and preparation of construction drawings will be
MicroStation or AutoCAD compatible and in accordance with Carollo’s drafting guidelines.
2. Electronic Drawings: Electronic drawings shall be prepared in accordance with Carollo CADD
standards.
3. Technical Specifications: Construction Specifications Institute (CSI) MasterFormat specifications
will be prepared using Carollo’s standard specifications and typical details where applicable. The
City’s standard front-end documents will be furnished and used to supplement Carollo’s Technical
Specifications.
Task 301 - Sixty Percent (60%) Progress Submittal
Comments from the 30% submittal are addressed, and the 60% drawings will include the following:
1. Civil:
Facilities are shown and located.
Page 8 of 18
Grading plans and demolition plans are substantially complete.
Plan sheets are substantially complete.
2. Structural:
Foundation plans are essentially complete.
Other plans and sections are partially complete.
Design calculations are complete.
Structural detailing is partially complete.
3. Mechanical (includes process equipment and plumbing):
Mechanical plans and sections are essentially complete.
Mechanical details are partially complete.
Equipment and valves are included in equipment schedules. Piping schedules are complete.
Specifications for the major equipment items are essentially complete. Additional
specifications are in progress.
Design calculations are complete.
4. Electrical:
Single line diagrams are partially complete.
Power and control plans are partially complete.
Specifications for major equipment items have been drafted. Additional specifications are in
progress.
Design calculations are complete.
6. Instrumentation:
P&IDs are advanced to incorporate changes from the process and mechanical designs.
Specifications including draft of Specific Control Strategies (control narrative) provided.
Control system network diagrams provided.
Installation details provided.
A first draft of each technical specification is complete, with the major equipment specifications
substantially complete.
Preselection and Early Procurement
For the long-lead and critical equipment procurements identified through City/CMAR discussions, Carollo
will assist the CMAR with issuing preselection and early procurement packages. Equipment such as
major electrical gear or tanks may be procured under an early Guaranteed Maximum Price (GMP), e.g.,
GMP 1, for long-lead time equipment.
Task 302 - Ninety Percent (90%) Progress Submittal
This submittal will include a draft of the City’s construction “front-end” contract documents. Comments on
design, drawings and specifications from previous reviews will have been responded to and/or
incorporated into the 90% progress submittal. Comments from both the 30 and 60 percent reviews by
City staff, and CMAR constructability reviews will be incorporated. As the final design is being completed,
the Preliminary Design Report will be updated as needed to produce a Finalized Design Report.
The 90% will be submitted to regulatory agencies as a 95% Agency Review Submittal for approval and
will incorporate comments from the 90% progress submittal review by the City and the CMAR. The 95%
permit submittal will be a courtesy copy to the City (no review).
Page 9 of 18
Task 303 - Final (100%) Progress Submittal
Upon receipt of comments from regulatory agencies, the drawings and specifications will be finalized and
issued to the CMAR for construction and development of a final GMP. If an early procurement package is
used by the CMAR, there will be two GMPs. GMP 1 will be used for the early procurement package, and
GMP 2 will be the balance of work.
FINAL drawings that have any applicable utility information and/or signatures from Maricopa County
Environmental Services Department and have been approved by Tempe Community Development for
permitting will be required by the Community Development to submit permitted drawings to City’s
Engineering Project Manager for the City Engineer’s approval signature. The signed/approved cover
sheet will be sent to Carollo in a PDF file. In order to meet the City’s requirement of final digital design
plans, Carollo will then create one electronic PDF/A file of the signed cover sheet combined with the plan
drawings to create one Final plan set.
Assumptions:
Construction Drawings and Technical Specifications will be prepared in accordance with Carollo
CADD Drafting Guidelines and Standards.
The 95% Agency Permitting Set will be created directly from the 90% Progress Submittal as an
engineer sealed set provided to the City as a courtesy set (no review). Carollo has included
minimal hours for this submittal for Engineer sealing and CAD/Word Processing set creation (80
hrs total)
Carollo to use the City’s current standard plan set sheets found at
https://www.tempe.gov/government/engineering-and-transportation/engineering/standards-details
Carollo shall list current City Council members on the plan cover sheet per City website.
City Input:
The City will provide comments during the review workshops and will issue written review
comments if needed following the 60% and 90% Progress Submittals, including for the process
control descriptions and issue review comments.
Deliverables:
Drawings and specifications at 60% progress submittal (specs in MS Word and drawings in .pdf
format in scalable 11x17 inch and 24x36.
Drawings and specifications at 90% progress submittal (.pdf).
Drawings and specifications for 95% Agency Review submittal (.pdf).
Drawings and specifications at final submittal (.pdf).
CMAR cost model review comments
60%, 90%, 95%, and Final Design Report (.pdf)
Addressed Review Comments Log (.pdf)
CAD Files (Final CAD files, .dwg files)
Page 10 of 18
Final Construction Drawings in a PDF/A File and hardcopies.
Draft CA&I scope and fee for City review with the 90% design submittal
Task Series 400 – Permitting and Regulatory Agency Coordination
Carollo will conduct the following permitting and regulatory compliance assistance activities:
Task 401 – Maricopa County Environmental Services Department (MCESD)
Carollo will conduct a review meeting with MCESD representatives and submit pre-final drawings and
specifications for their review and comments. Carollo will receive and respond to review comments from
MCESD and incorporate necessary revisions into the drawings and specifications.
Carollo will prepare and submit a completed application for “Approval to Construct” certificate including
final drawings and specifications to MCESD for their approval.
Task 402 – City of Tempe Regulatory Departments (Building, Fire, Development Services, Other)
Carollo will conduct a coordination meeting with the City Building Safety plan review group prior to
beginning detailed design to establish design requirements related to zoning, development, and
building safety review and permitting. Carollo will also submit the 90% drawings to Plan Review for
a building permit for the project.
Assumptions:
All City permit or other permit fees will be paid by the City
Carollo will pay the MCESD “Approval to Construct” review/permit fees (allowance item).
City Inputs:
Participate in review meetings with Building Safety and MCESD.
Receive “Approval to Construct” certificate from MCESD.
Deliverables:
Application to MCESD for “Approval to Construct” certificate (.pdf).
MCESD “Approval to Construct” certificate prior to construction (original).
Documentation of meetings results from review meetings.
Task Series 500 – Coordination with CMAR
It is the City’s intent to contract for construction services using the CMAR project delivery method. The
CMAR will be contracted to provide design phase services and then during construction will provide all
services required of a general contractor. The relationship between the CMAR and Carollo is to be
collaborative. It’s also understood that the City wants to incorporate a contractor’s perspective and input
to the Project planning and design decisions and have the ability to select certain components of the
Project for construction prior to full completion of design.
Design Phase services by the CMAR may include:
Page 11 of 18
Provide a conceptual and progressively more detailed cost model to confirm budgets and guide
design decisions.
Provide detailed independent cost estimating and knowledge of market conditions.
Provide a construction management plan and schedule.
Provide alternate systems evaluation and constructability studies.
Provide long-lead procurement studies and possibly initiate procurement of long-lead items.
Provide procurement services for selection of subcontractors and suppliers.
Prepare the GMP for construction.
Task 501 – Coordination with CMAR
Carollo’s effort to coordinate with the CMAR will consist of:
Solicit CMAR input during design development as appropriate.
Provide information for cost estimating.
Provide input to construction management plan and schedule.
Aid with long-lead procurement activities.
Evaluate alternative systems suggested by CMAR.
Respond to constructability review comments.
Attend subcontractor pre-selection meetings conduct by CMAR.
Prepare addenda as required.
Assist and review during GMP development.
Perform GMP proposal review and prepare recommendation to City.
Assist City with review of the subcontractor/supplier bid and selection process.
Assist City in review of CMAR cost models.
Assumptions:
None
City Input:
The City may request early start of portion(s) of the Project.
The CMAR must obtain City approval of the subcontractor bid process report
The CMAR must receive City acceptance of GMP prior to start of construction.
Deliverables:
Text and/or drawing revisions to the subcontractor bidding documents for addenda.
Recommendation to City regarding GMP proposal acceptance.
Allowances
Allowances include additional work that may be requested by the City, which is not part of the scoped
engineering design services. Descriptions of the Allowances are provided below:
Owner’s Allowance
Due to the nature of this project, additional services may be required due to unforeseen circumstances or
conditions. This Owner’s Allowance is intended for additional services that are found by the City to be
required for completion of the project. One of these services for instance may relate to the potential
Page 12 of 18
JGMWTP sodium hypochlorite system briefly noted earlier in this scope. All tasks completed under this
allowance shall be authorized in advance, in writing, by the City’s Engineering Project Manager.
Survey Services Allowance
In the event a survey is required for design purposes, Carollo will hire a subconsultant to perform survey
spot elevation confirmation services to develop the detailed design for this Project.
Reimbursables Allowance
The $3,000 in this allowance is included for payment of MCESD permitting fees by Carollo.
Key Team Members
The key team members that will work on this study include:
Mark Gross, PE – PM (Principal/Sr. Tech Advisor)
George Whitten – PM (Engineer VI-VII)
Kirk Gardiner, PE – Mechanical Engineer (E VIII)
Joel Smason, PE – Structural Engineer (E VIII)
Kelly Siggins – Process Engineer (E II-III)
Dyan Melvin – Structural Engineer (E II-III)
Dylan Lesan, PE – Process & Civil Engineer (E II-III)
Liz Johnson, Process Engineer (E I-II)
Sai Datta Sistla, PE – Electrical Engineer (E IV)
Gil Bernal, PE – I&C Engineer (E VI)
Schedule
The tentative completion schedule for this Scope of Work, including projections of task durations and
completion in months after Notice-to-Proceed (NTP), is estimated as follows:
Task
Tentative
Task
Duration
(months)
Tentative
Completion
(months after
NTP)
Planned Engineering Services:
204 Basis of Design Report (Draft)
3
3
205 Thirty Percent (30%) Progress Submittal
1
4
301 Sixty Percent (60%) Progress Submittal
1
5
302 Ninety Percent (90%) Progress Submittal
1
6
302 Ninety-Five Percent (95%) Agency Review Submittal
1
7
303 One hundred Percent (100%) Final PS&E Submittal
1
8
Project Assumptions
Page 13 of 18
The following project assumptions form the basis for the Scope of Work, Professional
Engineering Services Fees, and Project Schedule detailed herein:
1.
Carollo will provide quality management reviews throughout the duration of the project. Each
deliverable will be reviewed by senior engineering or professional staff for quality and
consistency.
2.
All existing/available water quality, production capacity, and infrastructure information will be
provided by the City. The City will provide requested information in a timely manner. This
information will be relied upon by Carollo to complete the design and make recommendations.
3.
The project will be constructed using a Construction Manager at Risk (CMAR) contract. The
CMAR will be retained by the City at around the 30% design level. Accordingly, construction
cost estimates for the 60% and beyond submittals will be prepared by the CMAR.
4.
The technical specifications will follow Carollo’s standards. “Front-end” CMAR construction
contract documents will be the City’s. Carollo will review and coordinate project documents with
the City’s front-end documents.
Standard of Care
Carollo will be responsible to the level of competency and standard of care presently maintained by
other practicing Professional Engineers performing the same or similar type of work at the time
notice to proceed is issued. Carollo and the City mutually agree that standard of care, as applied to
design professionals, will be defined as the ordinary and reasonable care required and established
by expert testimony of what a reasonable and prudent professional would have done under the same
or similar circumstances.
Carollo has no control over variances in the cost of labor, materials, equipment, services provided by
others, contractor’s methods of determining prices, competitive bidding or market conditions,
practices or bidding strategies. Carollo cannot and does not warrant or guarantee that proposals,
bids or actual construction costs will not vary from the Engineer’s opinion of probably construction
costs .
Page 14 of 18
Exhibit B - Fee Proposal
CITY OF TEMPE
Asset Maintence 2023 – South Tempe Water Treatment Plant
Design Services
Tempe CIP Proj. No. 3208023A
Amounts, $
$585,958.84
$585,958.84
$0
$3,000
$100,000
$103,000
$3,000
$0
$3,000
$691,958.84
Additional Services and Allowances
Geotechnical Services (Allowance)
Survey Services (Allowance)
Owner's Allowance
November 13, 2023
Fee Proposal Summary
Fee
Carollo Engineers
Sub-Total
Sub-Total ODCs
Total Project Fee
Sub-Total Additional Services and Allowances
Other Direct Costs
Reimbursables Allowance Permitting - MCESD
Printing/Reproduction/Courier Services
South Tempe WTP Design Fee.xls
Page 1 of 3
11/13/2023
Page 15 of 18
Exhibit B - Fee Proposal
CITY OF TEMPE
Asset Maintence 2023 – South Tempe Water Treatment Plant
Design Services
November 13, 2023
Tempe CIP Proj. No. 3208023A
Classification
Hourly Billable Rate
Labor Hours
Principal/Sr Tech Advisor
$291.51
93
E VIII
$277.06
272
E VI-VII
$244.73
277
E IV-V
$218.13
316
E II-III
$197.12
841
E I-II
$189.98
301
Sr. Designer
$188.22
277
Sr. Tech./CADD
$133.97
437
Word Proc./Cler.
$110.31
151
2,966
Carollo Engineers Rates and Hours per Labor Category
Total Hours
South Tempe WTP Design Fee.xls
Page 2 of 3
11/13/2023
Page 16 of 18
EXHIBIT B
CAROLLO ENGINEERS - LABOR ESTIMATE
Design Services
Asset Maintence 2023 – South Tempe Water Treatment Plant
Tempe CIP Proj. No. 3208023A
November 13, 2023
PRIME CONSULTANT (TECHNICAL SERVICES)
Classificaton Principal/Sr Tech
Advisor
E VIII
E VI-VII
E IV-V
E II-III
E I-II
Sr. Designer
Sr. Tech./CADD
Word Proc./Cler.
TOTAL
TOTAL
MG
KG, JS
GW
SS
KS, DL, DM
LJ
CAD
CAD
AZ DP
LABOR HOURS
COSTS
Rate
$291.51
$277.06
$244.73
$218.13
$197.12
$189.98
$188.22
$133.97
$110.31
TASK SERIES 100 - PROJECT MANAGEMENT AND MEETINGS
Task 101 - Meetings and Review Workshops
15
31
31
0
31
31
0
0
0
137
$32,166.79
Task 102 - Project Management Activities
2
0
24
0
0
0
0
0
26
$6,456.61
Subtotal
17
31
55
0
31
31
0
0
0
163
$38,623.40
TASK SERIES 200 - PRELIMINARY DESIGN
Task 201 - Filter Condition Assessment
0
8
16
0
0
16
0
0
0
40
$9,171.87
Task 202 - Alternatives Analysis
2
4
16
24
0
16
8
0
8
78
$16,269.94
Task 203 - Preliminary Opinion of Probable Cost for Construction
2
8
16
8
0
16
0
0
0
50
$11,499.91
Task 204 - Basis of Design Report
5
24
32
40
0
64
16
16
16
213
$43,742.22
Task 205 - Thirty Percent (30%) Progress Submittal
12
38
19
38
38
58
58
123
10
394
$73,915.78
Subtotal
21
82
99
110
38
170
82
139
34
775
$154,599.72
TASK SERIES 300 - DETAILED DESIGN
Task 301 - Sixty Percent (60%) Progress Submittal
21
61
33
84
107
310
58
123
56
853
$163,043.99
Task 302 - Ninety Percent (90%)/Agency Review Progress Submittal
16
58
34
73
81
184
98
123
37
703
$134,818.85
Task 303 - Final (100%) Progress Submittal
6
20
11
24
28
67
25
53
16
250
$47,094.45
Subtotal
43
140
78
182
216
561
180
298
109
1806
$344,957.29
TASK SERIES 400 - PERMITTING AND REGULATORY AGENCY COORDINATION
Task 401 – Maricopa County Environmental Services Department (MCESD)
2
2
8
8
0
4
0
0
4
28
$6,041.16
Task 402 – City of Tempe Regulatory Departments (Building, Fire, Development Services)
2
2
8
8
0
16
8
0
4
48
$9,826.70
Subtotal
4
4
16
16
0
20
8
0
8
76
$15,867.87
TASK SERIES 500 - COORDINATION WITH CMAR
Task 501 - Coordination with CMAR
8
16
30
8
16
60
8
0
0
146
$31,910.56
Subtotal
8
16
30
8
16
60
8
0
0
146
$31,910.56
TOTAL ALL TASKS (HOURS)
93
272
277
316
301
841
277
437
151
2966
TOTAL COSTS ($)
$27,125.19
$75,470.67
$67,859.55
$68,971.76
$59,333.60
$159,811.18
$52,213.06
$58,561.88
$16,611.95
$585,958.84
South Tempe WTP Design Fee.xls
Page 3 of 3
11/13/2023
Page 17 of 18
ID
Task Name
Duration
Start
Finish
Predecessors
1
Notice to Proceed (TBD)
1 day
Mon 1/8/24
Mon 1/8/24
2
Task Series 100 Project Management Services
172 days Tue 1/9/24
Thu 9/5/24
3
Kick-off, Workshop and Design Review Meetings
167 days Tue 1/9/24
Thu 8/29/24 1SS
4
Kick-off Meeting Workshop
0 days
Tue 1/9/24
Tue 1/9/24
1SS+2 days
5
BODR Comment Resolution Workshop
0 days
Wed 2/28/24 Wed 2/28/24 19FS+7 day
6
30% Design Review Meeting
0 days
Tue 4/16/24
Tue 4/16/24 21FS+7 day
7
60% Design Review Meeting
0 days
Tue 5/28/24
Tue 5/28/24 31FS+8 day
8
90% Design Review Meeting
0 days
Thu 7/4/24
Thu 7/4/24
39FS+6 day
9
Final Design Meeting
0 days
Thu 8/29/24
Thu 8/29/24 48FS+6 day
10
Progress Meetings through Design
125 days Thu 3/14/24
Thu 9/5/24
1SS
14
Task Series 200 Preliminary Design Services
64 days
Tue 1/9/24
Fri 4/5/24
15
201 Filter Condition Assessment
10 days
Tue 1/9/24
Mon 1/22/24 1
16
202 Alternatives Analysis
15 days
Tue 1/9/24
Mon 1/29/24 15SS
17
203 Preliminary Opinion of Probable Cost for Construction
15 days
Tue 1/9/24
Mon 1/29/24 16SS
18
204 Basis of Design Report (BODR)
40 days
Tue 1/9/24
Mon 3/4/24
21
207 Thirty Percent (30%) Progress Submittal
63 days Wed 1/10/24
Fri 4/5/24
30
Task Series 300 Detailed Design
98 days Mon 4/8/24
Wed 8/21/24
31
301 Sixty Percent (60%) Progress Submittal
29 days
Mon 4/8/24
Thu 5/16/24
39
303 Ninety Percent (90%) Agency Review Progress Submittal
29 days
Fri 5/17/24
Wed 6/26/24
47
303 Ninety-Five (95%) Permit Submittal
15 days Thu 6/27/24
Wed 7/17/24 39
48
304 Final (100%) Progress Submittal
25 days Thu 7/18/24
Wed 8/21/24
56
Task Series 400 Permitting and Regulatory Agency Coordination
20 days Thu 6/27/24 Wed 7/24/24
57
401 Maricopa County Environmental Services Department (MCESD) 20 days Thu 6/27/24
Wed 7/24/24 39
58
402 City of Tempe Permits (Building, Fire Code, Development Service20 days Thu 6/27/24
Wed 7/24/24 39
59
Task Series 500 Construction Documents Services
30 days Thu 6/27/24
Wed 8/7/24 39
60
Task Series 600 Coordination with CMAR
177 days Tue 3/5/24
Wed 11/6/24
61
Coordinate with CMAR during Design
122 days Tue 3/5/24
Wed 8/21/24 48FF
62
Construction NTP Estimated
65 days
Thu 8/8/24
Wed 11/6/24 59
1/9
2/28
4/16
5/28
7/4
8/29
3/14
6/6
9/5
1/9
2/28
4/16
5/28
7/4
8/29
3/14
6/6
9/5
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Qtr 1, 2024
Qtr 2, 2024
Qtr 3, 2024
Task
Milestone
Summary
Rolled Up Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
External Milestone
Deadline
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
External Milestone
Asset Maintenance 2023 – STWTP
Tempe CIP Project No. 3208023A
Draft Project Schedule
Mon 11/13/23
CAROLLO ENGINEERS
Project: 24th Street Rehabilitation
Project
Page 18 of 18
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 _____________________, 2023.
[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.
AFF-1
EXHIBIT E
CITY OF TEMPE
TEMPE, ARIZONA
DEPARTMENT OF ENGINEERING AND TRANSPORTATION
AFFIDAVIT OF GENERAL CONTRACTOR / PRIME CONSULTANT
REGARDING
HEALTH INSURANCE
, Arizona
Date
Asset Maintenance 2023-South Tempe Water Treatment Plant
Project No. 3208023A
I hereby certify that ______________________________________________ (name of company) currently has, and
all of its major subcontractors/sub-consultants, defined as doing work in excess of $30,000.00, 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 , 2023.
General Contractor/Prime Consultant
By:
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
SUBCRIBED AND SWORN to before me this ___________ day of _____________________, 2023.
______________________________________________
Notary Public
My commission expires:
____________________________
AFF-2
City of Tempe
Guidelines for Implementation of Health Insurance
These Guidelines are provided for purposes of implementing Resolution No. 2000.73, which
requires all employees of prime consultants, general contractors and major subconsultants and
subcontractors to have health insurance and to offer health insurance to their eligible dependents,
as determined at the start of each project. Questions regarding these guidelines should be
directed to the City of Tempe Engineering Division at (480) 350-8200.
1. All Prime Consultants who enter into an Engineering and Transportation contract or General
Contractors who bid on Engineering and Transportation projects that are advertised for bid
and enter into a contract in excess of $30,000 with the City of Tempe after January 1, 2001,
are required to sign an affidavit in the form attached hereto. The prime consultant or general
contractor shall require that all major subconsultants or subcontractors, defined as entities
doing work in excess of $30,000, comply with the health insurance requirements. In signing
the affidavit, prime consultants and general contractors may refer to and rely upon these
Guidelines for interpretation.
2. Health
insurance
is
required
for
permanent
employees
who
work
for
the
consultant/contractor more than 120 days in any calendar year. A “work day” consists of any
time within a 24-hour period, regardless of number of hours that the individual is paid. This
requirement excludes students working part-time who are enrolled in a recognized
educational institution. Many companies have a grace period or a qualifying period prior to
commencement of insurance coverage, which is acceptable so long as the employee coverage
begins by the 120th day of contract signing. Temporary employees will be covered to the
same extent as the City of Tempe covers temporary employees as determined at the start of
each project.
3. If a contractor is a "Union" shop and withholds union dues from employees for health
insurance coverage that is also offered to their eligible dependents and meets all City
requirements, the Contractor may so note on the required affidavit.
4. The health insurance requirements herein apply to all employees that are directly involved
with the City of Tempe project including support and administrative personnel.
5. Health insurance coverage must be maintained during the entire time of the contract,
including any warranty periods, with the City.
6. All complaints concerning violations of the health insurance requirements shall be filed by an
employee, in writing, with the Engineering and Transportation Department, within 30
calendar days from discovery of the violation. An administrative hearing will be held before
the Engineering and Transportation Director, and a written decision of findings will be
provided to the parties to the hearing within 14 calendar days thereafter. Appeal from the
decision of the Engineering and Transportation Director may be made within 14 calendar
days of the date of the decision by filing a notice of appeal in writing with the Engineering
and Transportation 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.
AFF-3
7. In the event of a finding by the City of a violation of the insurance provisions, the company
in violation of the provision shall be barred from bidding on, or entering into, any
engineering and transportation contract with the City for a minimum period of three years.
8. All consultants and contractors subject to the health insurance requirements shall post, in
English and Spanish, notice of the health insurance requirements at their office and at the job
site. Signs for posting will be provided by the City.
These "Guidelines for Implementation of Health Insurance", issued and dated this 21st day of
August, 2002, hereby amend all guidelines previously issued.