3202099E-CON-WILSON ENG-EWB-CM SERVICES.PDF
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CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR PROFESSIONAL SERVICES
CONSTRUCTION MANAGEMENT
This Contract is made and entered into on the 4th day of June 2026, by and
between the City of Tempe, an Arizona municipal corporation (“City”), and Wilson Engineers,
LLC, an Arizona limited liability company (“Consultant”).
City engages Consultant to perform professional services for a project known and described as
Emergency Waterline Break - Construction Management Services, Project No. 3202099E
(“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 Craig Ramsey 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 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.
1.4.
Consultant shall perform the work in a manner and at times which do not impede
or delay City’s operations and/or functions.
1.5.
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 1,095 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.
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3.
CONSULTANT’S COMPENSATION
The method of payment for this Contract is payment by installments. Total compensation
for the services performed shall not exceed $300,000.00, unless otherwise authorized by
City.
3.1.
Payment for this Contract shall be based on the following Budget Schedule:
Task Description
Method
Amount
Construction Management Services
Hourly not to Exceed
$300,000.00
Total Compensation
Not to Exceed:
$300,000.00
3.2.
City shall pay Consultant by installments, each installment based upon monthly
progress reports and related, detailed invoices submitted by Consultant. Payment
requests shall be submitted by Consultant electronically through the City’s
PMWeb Software System at https://tempe-az.pmweb.com/pmweb/ using a login
provided to Consultant by City. Payment request submittals shall be based on the
Budget Schedule and shall include supporting documentation for all Allowances.
If Budget Schedule includes an Allowance for reimbursable expenses, receipts
must be provided and in no event will payment exceed actual cost. Invoices shall
include job titles and hourly rates when applicable. Hourly rates are established
in the attached Exhibit “A” incorporated hereby by this reference and are in effect
for the entire Contract term unless City provides written authorization for an
hourly rate increase. Consultant shall not exceed any of the specified budget
amounts for any Task or Allowance without prior written authorization from City.
City may provide written authorization for the transfer of budget amounts
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
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compliance with all terms and conditions stated herein. All requests for
information from or a decision by City on any aspect of the work shall be directed
to the project manager.
4.2.
City shall review requests for information related to the Project by Consultant and
will endeavor to provide a prompt response to minimize delay in the progress of
Consultant’s work. City will also endeavor to keep Consultant advised
concerning the progress of City’s review of the work. Consultant agrees that
City’s inspection, review, acceptance or approval of Consultant’s work shall not
relieve Consultant of its responsibility for errors or omissions of Consultant or its
sub-consultant(s).
4.3.
City reserves the right to conduct an independent value engineering review of the
Project.
4.4.
City may retain a consulting firm to prepare an estimate of construction costs.
City may choose not to bid the Project unless and until all estimates received fall
within a reasonable variance, as determined by City.
4.5.
Unless included in Consultant’s services as identified in Section 1, City may
furnish with or without charge, upon Consultant’s reasonable request, the
following information to the extent it is within City’s possession or control:
4.5.1. One copy of its maps, records, laboratory tests, survey ties, and
benchmarks, or other data pertinent to the services. However, Consultant
shall be solely responsible for searching the records and requesting
specific drawings or information and independently verifying said
information.
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 1620 W. Fountainhead Parkway, Suite 501, Tempe, AZ, 85282.
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.
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5.2.
Upon the occurrence of Consultant’s default, non-performance or breach of the
Contract, City may recover any and all damages permitted by law or in equity
against Consultant, in addition to termination of the Contract, including but not
limited to compensatory damages, together with all costs and expenses as set forth
in Section 12 herein.
5.3.
In the event of Consultant’s default, non-performance or breach, City agrees to,
before exercising any right or remedy available to it, give Consultant written
notice of the default, non-performance, or breach. For the 30 calendar days
following such notice, Consultant shall have the right to cure such default, non-
performance, or breach.
5.4.
If Consultant fails to cure, immediately after receiving notice of termination from
City, Consultant shall discontinue performance under this Contract and proceed to
close said operations under this Contract. Consultant shall submit a detailed
breakdown of completed work to City for evaluation. City shall have the right to
inspect Consultant’s work to analyze the services completed. Payment to
Consultant shall be determined by City upon approval or disapproval of the
services completed as of the date of delivery of notice of termination, and
pursuant to Section 5.9.
5.5.
Within 14 calendar days of receipt of notice of termination as set forth herein,
Consultant shall deliver to City all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by Consultant under the Contract, entirely or partially completed,
together with all unused materials supplied by City.
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.
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5.9.
The parties agree that in the event of any damages suffered by City as a result of
inexcusable delay, default, non-performance or breach by Consultant, City shall
be entitled to all remedies under the law. No premium will be awarded to
Consultant for delivery and/or performance within the Contract term.
6.
INSURANCE
Without limiting any obligations or liabilities, Consultant, at its sole expense, shall
purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance, and
with forms reasonably satisfactory to City. Each insurer shall have a current A.M. Best
Company, Inc. rating of not less than A-VII. Use of alternative insurers requires prior
approval from City.
6.1.
General Clauses
6.1.1. Additional Insured. The insurance coverage, except workers’
compensation and professional liability, required by this Contract, shall
name City, its agents, representatives, directors, officials, and employees,
as additional insured, and shall specify that insurance afforded Consultant
shall be primary insurance, and that any self-insured retention and/or
insurance coverage carried by City or its employees shall be excess
coverage, and not contributory coverage to that provided by Consultant.
This provision and the naming of the City as an additional insured shall in
no way be construed as giving rise to responsibility or liability of the City
for applicable deductible amounts under such policy(s).
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.
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6.1.6. Deductible/Retention. The policies may provide coverage, which contains
deductibles or self-insured retentions. Consultant shall be solely
responsible for deductible or self-insured retentions.
6.1.7. Policies and Endorsements. City reserves the right to request and to
receive, within 14 calendar days, information on any or all of the above
policies or endorsements.
6.1.8. Certificates of Insurance. Prior to commencing services under this
Contract, Consultant shall furnish City with certificates of insurance, or
formal endorsements as required by the Contract, issued by Consultant’s
insurer(s), as evidence that policies providing the required coverages,
conditions, and limits required by this Contract are in full force and effect.
Such certificates shall identify this Contract by referencing the Project
number and/or Project name and shall provide for not less than 30
calendar days advance written notice by certified mail to City of
cancellation or termination of insurance.
6.1.9. Sub-consultants/Contractors. Consultant shall include all sub-consultants
and subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each sub-consultant and subcontractor.
6.2.
Workers’ Compensation. Consultant shall carry workers’ compensation
insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant’s employees engaged in the performance of the
services; and employer’s liability insurance of not less than $100,000 for each
accident, $100,000 disease for each employee, and $500,000 disease policy limit.
In case services under this Contract are subcontracted, Consultant shall require all
sub-consultant(s) to provide workers’ compensation and employer’s liability to at
least the same extent as provided by Consultant.
6.3.
Automobile Liability. Consultant shall carry commercial/business automobile
liability insurance with a combined single limit for bodily injury and property
damages of not less than $1,000,000 each occurrence regarding any owned, hired,
and non-owned vehicles assigned to or used in performance of Consultant
services. Coverage will be at least as broad as coverage Code 1 “any auto”
(Insurance Service Office policy form CA 00 01 or any replacements thereof).
6.4.
Commercial General Liability. Consultant shall carry commercial general
liability insurance with unimpaired limit of not less than $1,000,000 for each
claim with a $2,000,000 general aggregate limit. The general aggregate limit
shall apply separately to the services under this Contract, or the general aggregate
shall be twice the required per claim limit. The policy shall be primary and
include coverage for bodily injury including death, property damage, personal
injury, products, completed operations and blanket contractual covering, but not
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limited to, the liability assumed under the indemnification provisions of this
Contract, which coverage shall be at least as broad as Insurance Service Office
policy form CG 00 01 or any replacement thereof.
In the event the general liability insurance policy is written on a “claims made”
basis, coverage shall extend for two (2) years past completion and acceptance of
the services as evidenced by annual certificates of insurance.
Such policy shall contain a “severability of interests” provision (also known as
“cross liability” and “separation of insured”).
6.5.
Professional Liability. Consultant retained by City to provide the engineering
services required by the Contract will maintain professional liability insurance
covering errors and omissions arising out of the services performed by Consultant
or any person employed by it, with an unimpaired limit of not less than
$1,000,000 each claim and $1,000,000 all claims, or 10% of the construction
budget, whichever is larger. In the event the insurance policy is written on a
“claims made” basis, coverage shall extend for two (2) years past completion and
acceptance of services as evidenced by annual certificates of insurance.
6.6.
Property Coverage – Valuable Papers. Consultant shall carry property coverage
on all-risk, replacement cost, agreed amount form with valuable papers insurance
sufficient to assure the restoration of any documents, memoranda, reports, or
other similar data relating to the services of Consultant used in the completion of
this Contract.
7.
HEALTH INSURANCE REQUIREMENTS
7.1.
All consultants and general contractors, who bid on projects or enter into public
works contracts, in excess of $100,000 or the current Council approval contract
limit in place at the time the contract is executed, with the City of Tempe, after
January 1, 2001, are required to sign an affidavit in the form attached hereto. The
general contractor shall be responsible for ensuring that the subcontractors
comply with the health insurance requirements.
7.2.
Health insurance is required for all employees, except for those employees who work
less than one hundred and twenty (120) days in any calendar year. A “workday”
consists of any time within a twenty-four-hour period, regardless of number of
hours, that the individual is paid.
7.3.
The level of health insurance provided shall be determined by each employer but
should be no less than that provided by the Arizona Cost Containment Health
System.
7.4.
All complaints concerning violations of the health insurance requirements shall be
filed, in writing, with the Public Work's Department, within five (5) days from
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discovery of the violation. An administrative hearing will be held before the Public
Works Director, and a written decision of findings will be provided to the parties to
the hearing within ten (10) days thereafter. Appeal from the decision of the Public
Works Director may be made within ten (10) days of the date of the decision by
filing a notice of appeal in writing with the Public Works Department. If an appeal
is timely filed, an administrative hearing will be held before an administrative
hearing officer appointed by the City Manager. The decision of the administrative
hearing officer shall be final.
7.5.
In the event of a finding of violation of the insurance provisions, the company in
violation of the provision shall be barred from bidding on, or entering into, any
public works contract with the City for a period of three (3) years.
7.6.
All consultants and contractors subject to the health insurance requirements shall
post, in English and Spanish, notice of the health insurance requirements at the job
site. Signs for posting will be provided by the City.
8.
WORK FOR HIRE AND OWNERSHIP OF DELIVERABLES
8.1.
Consultant shall ensure that all the results and proceeds of Consultant’s and any
and all work on the Project and any related projects, including that of all agents,
employees, officers, and contractors, shall be owned by City, including the
copyright thereto, as work for hire. In the event, for any reason, such results and
proceeds are not deemed work for hire, Consultant shall be deemed hereby to
have assigned to City, all of its right, title and interest in such results and proceeds
and content to City, without limitation.
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.
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9.2.
If Consultant gains any financial or economic interest in the Project during the
course of this Contract, this may be grounds for terminating this Contract at the
sole discretion of City.
9.3.
Consultant shall not engage the services on this Contract of any present or former
City employee who was involved as a decision-maker in the selection or approval
processes, or who negotiated or approved billings or contract modifications for
this Contract.
9.4.
Consultant agrees that it shall not perform services on this Project for any other
contractor, subcontractor, or any supplier, other than City. In addition, Consultant
shall not negotiate, contract, or make any agreement with a contractor,
subcontractor, or any supplier with regard to any of the work under this Contract,
or any services, equipment or facilities to be used on this Project other than with
City unless consultant receives written approval from the City.
10.
COVENANT AGAINST CONTINGENT FEES
Consultant affirms that it has not employed or retained any company or person, other
than a bona fide employee working for Consultant to solicit or secure this Contract, and
that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the Contract.
For breach or violation of this clause, City may terminate this Contract without liability,
or in its discretion may deduct from the Contract price or consideration, or otherwise
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
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reasonable sum for attorneys’ fees, including taxable and non-taxable costs, fees, costs
and disbursements of experts, professionals, paralegals, whether at trial, appeal and/or in
bankruptcy court, all of which will be deemed to have accrued on the commencement of
such action and shall be enforceable whether or not such action is prosecuted to
judgment. In addition, should City retain and/or utilize legal counsel as a result of a
breach by Consultant of any term, covenant or provision of this Contract, in addition to
paying any recovery owed to City and/or performing any obligation remaining to be
performed, in order to fully cure such breach or default, Consultant shall reimburse City
for reasonable attorneys’ fees, taxable and non-taxable costs and disbursements, incurred
by City in enforcing Consultant’s obligations, whether or not a legal action is
commenced, including but not limited to the cost of preparing and presenting default
notices, demand letters and similar non-judicial enforcement activities.
13.
ADDITIONAL SERVICES
Additional services which are outside the scope of basic services contained in this
Contract shall not be performed by Consultant without prior written authorization from
City, at City’s sole discretion. Additional services, when authorized by an executed
contract or an amendment to this Contract shall be compensated for by a fee mutually
agreed upon between City and Consultant.
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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
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of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age
Discrimination in Employment Act, the Vietnam Era Veterans’ Readjustment
Assistance Act, the Rehabilitation Act, and any other applicable state and federal
statutes governing equal opportunity. Consultant agrees to post hereinafter in
conspicuous places, available for employees and applicants for employment,
notices to be provided by the contracting officer setting for the provisions of this
clause.
15.3. Antidiscrimination. Consultant shall not refuse to hire or employ or bar or
discharge from employment any person, or discriminate against such person in
compensation, conditions, or privileges of employment because of race, color,
gender, gender identity, sexual orientation, religion, national origin, familial
status, age, disability, or United States military veteran status. Consultant shall
provide a copy of its antidiscrimination policy to City to confirm compliance with
this requirement or attest in writing to compliance based upon the criteria outlined
in (Exhibit C).
15.4. Legal Compliance. Consultant agrees and covenants that it will comply with
applicable governmental restrictions, regulations and rules of duly constituted
authorities having jurisdiction insofar as the performance of the work and services
pursuant to the Contract, and applicable safety and employment laws, rules and
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
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any claims or causes of action relating to the City’s action based upon reliance
upon this representation, including the payment of all costs and attorney fees
incurred by the City in defending such as action.
15.7. Specially Designated Nationals and Blocked Persons List. Consultant represents
and warrants to City that neither Consultant nor any affiliate or representative of
Consultant (i) is listed on the Specially Designated Nationals and Blocked
Persons List maintained by the Office of Foreign Asset Control, Department of
the Treasury (OFAC) pursuant to Executive Order No. 13224, 66 Fed.Reg. 49079
(“Order”); (ii) is listed on any other list of terrorists or terrorist organizations
maintained pursuant to the Order, the rules and regulations of OFAC or any other
applicable requirements contained in any enabling legislation or other related
Order(s); (iii) is engaged in activities prohibited in the Order; or (iv) has been
convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on
charges involving money laundering or predicate crimes to money laundering.
Consultant further agrees to include the provisions set forth in Sections 15.1
through 15.7 in any and all subcontracts hereunder. Any violation of such
provisions shall constitute a material breach of this Contract.
15.8. Effective Date. This Contract shall be in full force and effect only when signed
by the duly authorized City officials and the duly authorized agent of Consultant.
15.9. Governing Law; Venue; Jurisdiction. This Contract shall be governed and
interpreted by the laws of the State of Arizona. An action to enforce any provision
of this Contract or to obtain any remedy with respect hereto will be brought in the
Superior Court, Maricopa County, Arizona, and for this purpose, each party
hereby expressly and irrevocably consents to the jurisdiction and venue of such
court.
15.10. Exhibits. All exhibits attached to this Contract are made a part of and are
incorporated into, this Contract. If any inconsistencies exist between this Contract
and any exhibit hereto, the terms of this Contract shall govern.
15.11. Force Majeure. Any prevention, delay or stoppage of this Project for a cause
beyond the reasonable control of Consultant due to acts of God, acts of war or
terrorism, fire or other casualty, shall, notwithstanding anything to the contrary
contained herein, excuse the performance of Consultant, for a period equal to such
prevention, delay or stoppage. For purposes of this Section 15.11, a cause shall
not be deemed beyond a party’s control if it is within the control of such party’s
agents, employees, assigns, contractors or subcontractors.
15.12. Entire Agreement. This Contract contains all of the agreements of the parties
with respect to the Project and related matters, and no prior agreement,
negotiations, postings, offerings, or understanding pertaining to any such matter
shall be effective for any purpose unless expressly contained herein.
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15.13. Consultant’s Good Standing. Consultant hereby warrants and represents that it is
an Arizona limited liability company, licensed to do business in the state of
Arizona and currently in good standing, and that it is not in violation of any
agreement, instrument, contract, law, rule, or regulation by which Consultant is
bound.
15.14. Independent Contractor. Nothing contained in this Contract shall be deemed or
construed by the parties hereto or otherwise, to create the relationship of principal
and agent, partnership, joint venturer, employer and employee, or any association
between City and Consultant. Consultant is an independent contractor and shall
be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that
may be required by federal, state or local law with respect to any compensation
paid to Consultant hereunder or for any and all services or materials provided by
or rendered to Consultant hereunder in connection with the work set forth in this
Contract.
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.
14
15.19. Retention of Records. City, through any authorized representative, will have
access to and the right to examine and copy all records, books, papers or
documents related to services rendered under this Contract. Consultant will retain
all books and records related to the services performed for a period of not less
than the greater of any applicable federal law retention requirement or five (5)
years following termination of this Contract.
15.20. Antitrust Violations. City and Consultant recognize that in actual economic
practice overcharges resulting from antitrust violations are in fact borne by City.
Therefore, Consultant assigns to City any and all claims for such overcharges.
Consultant in all subcontracts shall require all subcontractors to likewise assign
all claims for overcharges to City.
15.21. Headings. The heading use in this Contract is for ease of reference only and shall
not in any way be construed to limit or alter the meaning of any provision.
15.22. No Construction Against Drafting Party. Each party acknowledges that it has had
an opportunity to review the Contract with counsel, and such documents shall not
be construed against any party that is determined to have been the drafter of the
documents.
15.23. 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:
Jodie Inman, P.E.
Deputy Public Works Director/
City Engineer
Engineering Division
31 E 5th Street, Mail Stop 0108
Tempe, AZ 85281
CONSULTANT:
________________________
(Printed Name of Signatory)
Wilson Engineers, LLC
1620 W. Fountainhead Parkway
Suite 501
Tempe, AZ, 85282
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
15.25. Secure Facility Access. Contracts that call for work to be done in any of the
City’s secure facilities are subject to the City’s Engineering Secure Facilities
Access Guidelines, which are incorporated herein by reference.
15.26. Heat Safety Standards for Outdoor Workers. If Contractor's employees or
contract workers will perform work under this Contract in an outdoor
environment for a substantial period of time, the Contractor must have and
implement a written plan listing the preventative and proactive measures that
Contractor will take to protect those employees and contract workers from heat
hazards (the "heat safety plan") while performing that work. The City may
request a copy of this heat safety plan and documentation of all heat safety and
mitigation efforts currently implemented by the Contractor to prevent heat-related
illnesses and injuries for work done under this Contract. The heat safety plan
must also be posted where it is accessible to employees.
At a minimum, the heat safety plan must include each of the following elements
as it relates to heat safety:
(1)
The heat safety plan shall address the requirements of Section 13A-102.
(2)
Effective acclimatization practices to promote the physiological adaptation
of employees or contract workers newly assigned or reassigned to work in
an outside environment. An employee who has been newly assigned to a
high heat area shall be closely observed by a supervisor or designee for the
first ten (10) days of the employee's employment. Employers may follow
the Arizona Division of Occupational Safety and Health (ADOSH)
acclimatization recommendations, which prescribe starting with twenty
percent (20%) of a normal workload and progressively increasing it by
twenty percent (20%) each subsequent day.
(3)
Close monitoring and observation of employees working in heat,
potentially including a 'buddy system' where employees are partnered
together.
(4)
Communication and emergency response protocols: specifically, a means
of communication between supervisors and employees in the event of a
heat-related emergency.
(5)
Training of employees and contract workers, no later than one (1) week
prior to being deployed to work in an outdoor environment, on heat illness
and injury that focuses on environmental and personal risk factors,
prevention, how to recognize and report signs and symptoms of heat illness
and injury and how to report heat illness and injury to emergency medical
personnel. Employees shall receive at least one (1) additional training
session annually thereafter.
16
(6)
The posting of signage at the job site that contains information, in both
English and Spanish, explaining how to (a) recognize and report signs and
symptoms of heat illness and injury; (b) administer appropriate first aid
measures, and (c) report heat-related illness and injury to emergency
medical personnel. The signage must also include a phone number for
reporting heat violations to OSHA/ADOSH. The signage must also include
a phone number for reporting heat violations to Occupational Safety and
Health Administration (OSHA), Arizona Division of Occupational Safety
and Health (ADOSH). The signage must indicate that reports may be made
anonymously.
(7)
Providing written notification to all employees and contract workers
regarding their new worker protections under this provision. This
notification shall be provided to existing employees and during the
onboarding process for new employees. The notification shall be provided
to each worker in the language preferred by that worker and must be posted
in the workplace. Contractors will incorporate this section in all
subcontracts with subcontractors or other entities or individuals who may
perform work under this Contract, including the requirement that those
subcontractors impose the same obligations under any sub- subcontractors.
It is the obligation of the Contractor to ensure compliance with this
provision by its subcontractors. City may terminate this Contract for failure
to comply with this provision.
15.27. Burial and Cultural Discoveries. Personnel working on projects involving
ground-disturbing activity are required to comply with the Salt River Pima-
Maricopa Indian Community (SRPMIC) Statement on Burials and Cultural
Resource Discoveries (the “Statement”), a copy of which can be obtained from
the City of Tempe Historical Preservation Office upon request at 480-350-8870.
To comply with the Statement, Contractor and its’ agents are prohibited from
publicly releasing information about archeological findings or recording (through
photos, video, or other imaging) archaeological resources, including human
remains, funerary objects, or other discoveries.
15.28. GIS Data Disclaimer. THE CITY OF TEMPE DOES NOT WARRANT THE
ACCURACY,
COMPLETENESS,
CONDITION,
SUITABILITY,
PERFORMANCE, OR CURRENCY OF THE GIS DATA PROVIDED UNDER
THIS
CONTRACT.
AREAS
DEPICTED
BY
GIS
DATA
ARE
APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO
STANDARDS FOR MAPPING, SURVEYING OR ENGINEERING. THIS
DATA IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE
RELIED UPON FOR SITE-SPECIFIC PURPOSES. THE DATA HEREIN IS
SUBJECT TO CONSTANT CHANGE AND MAY NOT BE COMPLETE,
ACCURATE OR UP-TO-DATE. THE CITY OF TEMPE IN NO WAY
ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY INCORRECT
DATA OR ANY INFORMATION PROVIDED HEREIN. THE CONSULTANT
17
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]
18
SIGNATURE PAGE
Emergency Waterline Break - Construction Management Services
Project No. 3202099E
DATED this 4th day of June 2026.
CITY OF TEMPE, ARIZONA
By:
Corey D. Woods, Mayor
By:
Public Works Director
ATTEST:
Recommended By:
Kara A. DeArrastia, City Clerk
Deputy Public Works Director/
City Engineer
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
Consultant warrants that the person who is signing this Contract on behalf of Consultant is
authorized to do so and to execute all other documents necessary to carry out the terms of this
Contract.
CONSULTANT:
Wilson Engineers, LLC
Signature
Printed Name
Title
Email Address
Federal I.D. No./Tax Payer I.D. No.
1620 W Fountainhead Pkwy, Suite 501
Tempe, AZ 85282
480-893-8860 | 480-493-8968 Fax
Wilson-Engineers.com
April 14, 2026
Mr. Barrett Jurgemeyer, P.E.
City of Tempe Engineering Division
31 E. Fifth Street
Tempe, AZ 85281
Re.
Proposal to City of Tempe – Construction Management Services
Emergency Repairs – 3rd Party Construction Manager
Dear Mr. Jurgemeyer:
Wilson Engineers is pleased to submit this proposal to the City of Tempe to provide 3rd Party
Construction Management (CM) Services for the City’s Emergency Repairs program. The purpose
of this project is to provide construction management support for emergency repairs efforts that
arise from unexpected failures in the City’s water/sewer system.
Our team is proposing to provide 3rd Party CM services on an as-needed basis as requested by the
City’s CIP staff for response to water/wastewater infrastructure emergency repair situations.
During the time of services, Dave Corrie will be the Senior Project Manager for overall project
coordination and oversight as needed. Additional management and/or inspection staff will support
Dave as needed, including Chance Priddy (Sr. Construction Manage),Trevin Adair (Resident
Project Representative) and Lankesh Budanur Swamy(Resident Project Representative).
Our proposed scope of services is included in Attachment 1 and our fee schedule is included in
Attachment 2. Services would be provided on a Time and Materials basis. In summary, our
proposed fee breakdown is as follows:
•
Hourly Not-to-Exceed Budget:
$ 300,000
•
Reimbursable Expenses:
$ 0
•
Total Hourly Not-to-Exceed Budget:
$ 300,000
Our anticipated contract duration for this scope of work is 36 months (1095 calendar days). If you
have any questions or comments, please feel free to contact me at 480-893-8860 or at
Craig.Ramsey@wilson-engineers.com.
WILSON ENGINEERS
Craig Ramsey, P.E.
Principal Associate
Emergency Repairs Projects – 3rd Party Construction Management
ATTACHMENT 1
– CONSTRUCTION MANAGEMENT SCOPE OF SERVICES
CITY OF TEMPE
EMERGENCY REPAIRS PROJECTS –
3RD PARTY CONSTRUCTION MANAGEMENT
ATTACHMENT 1
CONSTRUCTION MANAGEMENT SCOPE-OF-SERVICES
4/14/2026
I.
INTRODUCTION AND PROJECT UNDERSTANDING
The City of Tempe (CITY) currently has an Emergency Repairs Program to address urgent
water/wastewater infrastructure issues that arise unexpectedly, posing potential risks to public
safety and the continuity of municipal services. These emergencies can include, but are not limited
to, water main breaks, sewer line breaks, and other critical infrastructure failures that require
immediate attention and resolution. The City’s Public Works Department has retained multiple Job
Order (JOC) Contractors to facilitate the investigation, assessment, and implementation of repairs
required for emergency situations that are encountered.
The purpose of this project is to provide construction management services to oversee the efforts
under multiple contracts with JOC Contractors working on the Emergency Repairs program. The
services included in this proposal will vary depending on the emergency that arises. Wilson
Engineers staff will be the first point of contact for City stakeholders associated with the emergency
situations within the water/wastewater systems and will be available 24hrs/day to respond to calls.
Emergency services may include coordination with the city Water Utilities Division and Job Order
Contractor (JOC) to troubleshoot and assess each situation and advise on repair methods to be
performed by the JOC contractor. Wilson will provide onsite inspections of the repair work as
required for each situation, perform daily reports, and coordinate with the City’s materials testing
firm(s) to provide testing services as required. Additional construction management services may
include JOA proposal review and approval, contractor payment application review and approval,
and review of as-builts prepared by the contractor. For each emergency project, Wilson will
provide regular updates to appropriate City staff via email until repairs have been completed.
II.
SCOPE OF SERVICES
This scope-of-services represents 3RD party construction management services related to the City’s
EMERGENCY REPAIRS program. WILSON ENGINEERS, LLC, as the Construction
Manager, will act as the Owner’s authorized construction management representative during the
following phase of the project.
Task 1 – Construction Phase Services
The sub-tasks listed represent the anticipated scope items during each respective phase and are the
basis of the fee estimate. Sub-tasks may be expanded or reduced depending on the needs of the
City and the project. Out-of-scope services will be coordinated with the City prior to execution.
Task 1: Phase 1 - Construction Phase Services
Construction Administration and Management Services
1.1
Attend one (1) Coordination meeting with City staff
1.2
Coordinate with City Water Utilities Division (WUD), Job Order (JOC) Contractor(s),
CMMS staff, and Engineering Division. Provide public outreach as required in response
to each emergency.
1.3
Review and negotiate costs for job order proposals submitted by the JOC Contractor.
1.4
Provide notifications and updates (through email) to Engineering Staff and WUD CMMS,
and any other communicating parties in the City, and memo for each emergency. Provide
final email notifying when work is complete.
1.5
Coordinate with City provided materials testing firm for appropriate testing required
during repairs
1.6
Review Payment Estimates and Payment Requests submitted by JOC Contractor(s) as
requested.
1.7
Review Project Schedules and Schedule Updates prepared by JOC Contractor and inform
City Staff of project status as required
1.8
Review Change Orders submitted by JOC contractor and provide validity with
recommendations to the City, as required
1.9
Review Claims and provide validity with recommendations to the City, as required
1.10
Provide value engineering recommendations for repair methods performed.
1.11
Substantial and Final Completion
i.
Collect and review redlines prepared by the Contractor and submit them to
Engineering Staff.
ii.
Perform pre-final review of incomplete work and develop a preliminary punch list
for the City prior to the Substantial Completion Inspection
iii.
Attend the Substantial Completion Inspection with the City and CONTRACTOR
along with assisting in developing a final punch list
iv.
Prepare Substantial Completion documents
v.
Attend the Final Completion Inspection of completed work with the City and
CONTRACTOR
vi.
Prepare contract close-out / completion documents:
a. Engineer’s Completion Certificate
b. CONTRACTOR’s Affidavit
c. Consent of Surety
d. Final Certificate
e. Other as needed
Resident Project Representation
1.12
Attend one (1) Pre-Construction Conference meeting to discuss project coordination
protocol with city stakeholders at the location of the incident.
1.13
Provide a Construction Project Manager on call as needed to respond to emergency calls
for the construction project duration of one hundred and fifty-six (156) weeks, who will
serve as the primary point of contact with the City and the JOC Contractor.
1.14
Provide an Inspection Representative (as needed) to observe repair work performed by JOC
Contractor(s) for the project duration of one hundred and fifty-six weeks (156) weeks (36
months) to perform daily coordination and inspections.
1.15
Work with JOC and WUD staff to coordinate emergency repairs, valve shutdowns,
neighborhood outreach, disinfection testing, and other required coordination efforts.
1.16
Send regular updates (email) to Engineering Staff and WUD CMMS staff throughout repair
duration.
1.17
Maintain Daily Reports and photos recording observations of on-site activities related to
contractor’s work, for days that observations are performed.
1.18
Measure quantities for payment verification purposes, as needed.
1.19
Review, and provide recommendations for approval of payment applications submitted by
the JOC Contractor(s), as needed.
1.20
Inspect materials, equipment and workmanship during the progress of the work to ascertain
its conformity with the City, and Maricopa County (MAG) requirements, and acceptability
of the materials and Work performed.
1.21
Perform Change Order and/or Claim reviews for validity and provide recommendations to
the City regarding project budget and schedule impacts.
1.22
Assist the Contractor and City in coordinating efforts with Utility Services as required.
1.23
Endeavor to guard the City against defects and deficiencies in the work (but not guarantee
the performance of the Contractor).
1.24
Coordinate Quality Assurance and Quality Control testing (Testing Consultant by Tempe)
1.25
Review the results of quality control material testing laboratories to assure that materials
and procedures used by the Contractor conform to the project specifications.
1.26
Require the Contractor to perform additional tests or testing, if necessary.
1.27
Reject or disapprove defective work as an agent of the City.
Owner’s Allowance: Due to the nature of this project, additional services may be requested
during the course of construction. The allowance for $0 will be for additional services (detailed
description to be defined later) that will be provided upon written authorization from the City.
Proposal Assumptions Regarding Engineer’s Responsibilities
Several assumptions were made when developing the scope of work, performance schedule and
cost estimates for completion of the construction phase activities. Key qualifying assumptions for
this proposal are summarized as follows:
1.
Wilson is not responsible for directing construction, control, techniques, sequence, means,
methods or procedures, or for directing job safety.
2.
The on-call Construction Project Manager, Resident Project Representative, and
Construction Inspector will be billed on a time and materials basis and will be provided on
an as-needed basis for the project duration of 156 weeks (36 months).
3.
Public Outreach and materials testing will be provided by the City. Wilson staff will
coordinate with parties as required.
4.
Cost is based on a 156-week (36 months) construction period from the Notice to Proceed
of approximately (May 2026) to Final Completion (May 2029) of the project.
Cost Proposal
See fee matrix – Attachment 2
Key Personnel –
•
Project Principal – Steve Todd, P.E.
•
Principal Associate – Craig Ramsey, P.E.
•
Sr. Construction Project Manager – Dave Corrie
•
Sr. Construction Project Manager – David Markert
•
Sr. Construction Project Manager – Chance Priddy
•
Resident Project Representative/CM – Trevin Adair
•
Sr. Construction Inspector(s) – Earl McLain, Lankesh Budanar Swammy, Martin
Villanueva, Michael Jones and Justin Lazenby.
•
Additional staff may be provided on an as needed basis, to support emergency needs.
END SCOPE OF SERVICES
Emergency Repairs Projects – 3rd Party Construction Management
ATTACHMENT 2
– CONSTRUCTION MANAGEMENT FEE SCHEDULE
Staff Classification
Hourly
Rate
Principal /Sr. Professional
$285.00
Senior Project Manager
$259.00
Resident Project Representative
$209.00
Project Engineer
$209.00
Sr. Inspector
$155.00
Sr. CADD Technician
$132.00
Project Administrator
$105.00
EXHIBIT B
AFFIDAVIT DEMONSTRATING LAWFUL
PRESENCE IN THE UNITED STATES
A.R.S. § 1-501 and § 1-502 require any individual person or sole proprietor who applies to the City for a local
public benefit (including the award of a contract) to demonstrate his or her lawful presence in the United States. An
individual person or sole proprietor who submits a bid for this contract must complete this Affidavit and submit it
with the bid, along with a copy of one of the documents listed below.
ALL VIOLATIONS OF FEDERAL IMMIGRATION LAW SHALL BE REPORTED TO 1-866-347-2423.
LAWFUL PRESENCE IN THE UNITED STATES CAN BE DEMONSTRATED BY
PRESENTATION OF ONE (1) OF THE DOCUMENTS LISTED BELOW.
Please present the document indicated below to the City. If mailing the document, attach a copy of the document to this Affidavit.
(If the document may not be copied, present the document in person to the City for review and signing of the affidavit.)
1.
An Arizona driver license issued after 1996.
Print first 4 numbers/letters from license:
___ ___ ___ ___
2.
An Arizona non-operating identification License.
Print first 4 numbers/letters:
___ ___ ___ ___
3.
A birth certificate or delayed birth certificate issued in any state, territory or possession of the
United States.
Year of birth:
: Place of birth:
4.
A United States Certificate of Birth abroad.
Year of birth:
: Place of birth:
5.
A United States passport.
Print first 4 numbers/letters on Passport:
___ ___ ___ ___
6.
A foreign passport with a United States Visa.
Print first 4 numbers/letters on Passport
___ ___ ___ ___
Print first 4 numbers/letters on Visa
___ ___ ___ ___
7.
An I-94 form with a photograph.
Print first 4 numbers on I-94:
___ ___ ___ ___
8.
A United States Citizenship and Immigration Services Employment Authorization Document
(EAD).
Print first 4 numbers/letters on EAD:
___ ___ ___ ___
9.
Refugee travel document.
Date of Issuance:
Refugee Country:
10.
A United States Certificate of Naturalization.
Print first 4 digits of CIS Reg. No.:
___ ___ ___ ___
11.
A United States Certificate of Citizenship.
Date of Issuance:
Place of Issuance:
12.
A tribal Certificate of Indian Blood.
Date of Issuance:
Name of Tribe:
13.
A tribal or Bureau of Indian Affairs Affidavit of Birth.
Year of Birth:
Place of Birth:
I DO SWEAR OR AFFIRM UNDER PENALTY OF LAW THAT I AM LAWFULLY PRESENT IN THE UNITED
STATES AND THAT THE DOCUMENT I PRESENTED ABOVE AS VERIFICATION IS TRUE.
Signature
Business/Company (if applicable)
Print Name
Address
Date:
City, State, Zip Code
STATE OF ARIZONA
COUNTY OF MARICOPA
SUBSCRIBED AND SWORN to before me this ___________ day of _____________________ 2026.
[Notary Seal]
Notary Public ________________________________
EXHIBIT C
COMPLIANCE WITH TEMPE CITY CODE
CHAPTER 2 ARTICLE VIII SECTION 2-603(5)
_________________________________________________
Per Tempe City Code Chapter 2 Article VIII Section 2-603(5), it is unlawful for a City vendor or
City contractor, because of race, color, gender, gender identity, sexual orientation, religion,
national origin, familial status, age, disability, or United States military veteran status, to refuse
to hire or employ or bar or discharge from employment any person, or to discriminate against
such person in compensation, conditions, or privileges of employment.
City vendors and contractors of fifteen (15) or more employees shall provide a copy of its
antidiscrimination policy to the city’s procurement officer to confirm compliance with this
article. Employers having fourteen (14) or less employees may attest in writing to compliance
with this article.
CONTRACTOR means any person who has a contract with the City.
VENDOR means a person or firm in the business of selling or otherwise providing
products, materials, or services.
CONTRACTOR/VENDOR, select one:
Current copy of antidiscrimination policy attached.
OR
_____ I hereby certify _________________________________ (contractor/vendor) to be
in compliance with Tempe City Code Chapter 2 Article VIII Section 2-603(5).
____________________________________
Date: _____________________
Signature
____________________________________
__________________________
Print Name
Title
___________________________________
Company
EXHIBIT D
CITY ENGINEERING SECURE FACILITIES ACCESS GUIDELINES
These guidelines are applicable to all contracts that call for work to be done in any of the City’s
secure facilities and are incorporated by reference into said contracts. Contractors should be
advised that there are separate requirements for General Secure Facilities and Water Utilities
Department Secure Facilities.
I.
GENERAL SECURE FACILITIES ACCESS REQUIREMENTS
The Contractor and Third-Party Construction Manager shall provide the City with a 10-year
background check for all employees, including subcontractors, working in any of the City’s
secure facilities which include, but are not limited to, the Tempe Transportation Center, East
Valley Bus Operations and Maintenance Facility, Police Department/Courts Headquarters, and
Police Department substations. Background checks shall be performed by an authorized
company capable of conducting a nationwide search. Background checks shall include, at a
minimum, information regarding state and national criminal and sexual offender information,
and a 5-year driving record search. The Contractor and Third-Party Construction Manager shall
be responsible for the cost of all their employee background checks. Below is a list of automatic
and discretionary disqualifiers which may disqualify or make an individual ineligible to work at
any of the City’s secure facilities. The Contractor and Third-Party Construction Manager shall
submit all employee background checks to the City of Tempe for review and authorization
before the contractor employees or subcontractors are issued a Contractor Identification Badge
and before being allowed to work at any of the City’s secure facilities. All authorized contractor,
subcontractor and third-party construction manager employees shall coordinate with the
respective facility supervisor to obtain a contractor identification badge. Contractor and Third-
Party Construction Manager employees must wear their contractor identification badge at-all-
times while working at the City’s secure facility.
AUTOMATIC DISQUALIFIERS
The following will disqualify any individual who has, at any time:
•
Has known affiliations with gangs, gang members, terrorist groups and/or individuals,
•
Outstanding felony warrants,
•
Conviction for selling, producing, cultivating, or transporting marijuana for sale,
•
Conviction for producing, cultivating, or transporting any dangerous drugs or narcotics
for sale.
DISCRETIONARY DISQUALIFIERS
The following may, upon review by the Tempe Police Department, make an individual ineligible
to work in or around secure areas of City Facilities:
•
Unlawful sexual misconduct;
•
DUI conviction or suspension of your Arizona driver’s license due to a DUI;
•
Commission of a felony;
•
Conviction of a felony or any offense that would be a felony if committed in Arizona;
•
Outstanding misdemeanor warrants;
•
Any other conduct or offense that could jeopardize the safety of City employees or the
public; or,
•
Insufficient information.
II.
WATER UTILITIES DEPARTMENT SECURE FACILITIES ACCESS
REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that a 10-year background
check has been completed within the last 5 years for all employees, including subcontractors,
working in any of the City’s Water Utilities Department secure facilities which include, but are
not limited to, the Johnny G. Martinez Water Treatment Plant, South Tempe Water Treatment
Plant, and Kyrene Water Reclamation Facility. The background check shall include state and
national criminal and sexual offender information as well as driving record information outlined
in Secure Facility Access Requirements. Background checks shall be performed by an authorized
company capable of conducting a nationwide search. Background checks shall include, at a
minimum, information regarding state and national criminal and sexual offender information,
and a 5-year driving record search. The Contractor and Third-Party Construction Manager shall
be responsible for the cost of all their employee background checks.
Contractor and Third-Party Construction Manager shall disclose any knowledge of employee
criminal history status involving the following:
•
Any felony offense,
•
Any offense involving assault or threats of violence,
•
Any theft, fraud, or financial crimes offense,
•
Any arson offense,
•
Any sexual misconduct offense
•
Any offense of misconduct involving a deadly weapon
SECURE FACILITY VERIFICATION REQUIREMENTS
The Contractor and Third-Party Construction Manager shall verify that all employee background
checks have been completed before the contractor employees or subcontractors are issued a
Contractor Identification Badge and before being allowed to work at any of the City’s Water
Utilities Department secure facilities. All authorized contractor, subcontractor and third-party
construction manager employees shall coordinate with the respective facility supervisor to obtain
a contractor identification badge. Contractor and Third-Party Construction Manager employees
must wear their contractor identification badge at-all-times while working at the City’s secure
facility.
EXHIBIT E
CITY OF TEMPE
TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
AFFIDAVIT OF GENERAL CONTRACTOR / PRIME CONSULTANT
REGARDING HEALTH INSURANCE
, Arizona
Date
Emergency Waterline Break - Construction Management Services
Project No. 3202099E
I hereby certify that ______________________________________________ (name of company) currently has, and
all of its major subcontractors/sub-consultants, defined as doing work in excess of $100,000.00, will have, during
the course of this contract, health insurance for all employees working on this project and will offer health insurance
coverage to eligible dependents of such employees, as defined in the accompanying Guidelines. The company’s
health insurance is as follows:
Name of Insurance Company:_____________________________________________________
Type of Insurance (PPO, HMO, POS, INDEMNITY): __________________________________
Policy No.: ___________________________________________
Policy Effective Date (MM/DD/YY): ______________________________________
Policy Expiration Date (MM/DD/YY): _____________________________________
Signed and dated at
, this
day of 2026.
General Contractor/Prime Consultant
By:
STATE OF ARIZONA
)
) ss
COUNTY OF MARICOPA
)
SUBCRIBED AND SWORN to before me this ___________ day of _____________________ 2026.
Notary Public
[Notary Seal]
My commission expires:
____________________________
CITY OF TEMPE
GUIDELINES FOR IMPLEMENTATION OF RESOLUTION NO. 2000.73
These Guidelines are provided for purposes of implementing Resolution No. 2000.73 which
requires that health insurance be provided by all consultants, general contractors and major
subcontractors, as determined at the start of each project, for employees and dependents of
employees. Questions regarding this procedure should be addressed to Tara Ford, Public Works
Director, for the City of Tempe.
1. All consultants and general contractors, who bid on projects or enter into public works
contracts, in excess of $100,000 or the current Council approval contract limit in place at
the time the contract is executed, with the City of Tempe, after January 1, 2001, are
required to sign an affidavit in the form attached hereto. The general contractor shall be
responsible for ensuring that the subcontractors comply with the health insurance
requirements.
2. Health insurance is required for all employees, except for those employees who work less
than one hundred and twenty (120) days in any calendar year. A “workday” consists of
any time within a twenty-four-hour period, regardless of number of hours, that the
individual is paid.
3. The level of health insurance provided shall be determined by each employer but should be
no less than that provided by the Arizona Cost Containment Health System.
4. All complaints concerning violations of the health insurance requirements shall be filed, in
writing, with the Public Work's Department, within five (5) days from discovery of the
violation. An administrative hearing will be held before the Public Works Director, and a
written decision of findings will be provided to the parties to the hearing within ten (10)
days thereafter. Appeal from the decision of the Public Works Director may be made
within ten (10) days of the date of the decision by filing a notice of appeal in writing with
the Public Works Department. If an appeal is timely filed, an administrative hearing will be
held before an administrative hearing officer appointed by the City Manager. The
decision of the administrative hearing officer shall be final.
5. In the event of a finding of violation of the insurance provisions, the company in
violation of the provision shall be barred from bidding on, or entering into, any public
works contract with the City for a period of three (3) years.
6. All consultants and contractors subject to the health insurance requirements shall post, in
English and Spanish, notice of the health insurance requirements at the job site. Signs for
posting will be provided by the City.
March 24, 2025
Tara Ford, Public Works Director