6309761B-CON- M. ARTHUR GENSLER-PHASE II OF TEMPE DIABLO STADIUM COMPLEX RENOVATION.PDF
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CITY OF TEMPE, ARIZONA
PUBLIC WORKS DEPARTMENT
DIVISION OF ENGINEERING
CONTRACT FOR PROFESSIONAL SERVICES
DESIGN
This Contract is made and entered into on the 5th day of February 2026, by and
between the City of Tempe, an Arizona municipal corporation (“City”), and M. Arthur Gensler
Jr. & Associates, Inc., dba Gensler, a California corporation (“Consultant”).
City engages Consultant to perform professional services for a project known and described as
Phase II of Tempe Diablo Stadium Complex Renovation, Project No. 6309761B (“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 Edward Mills as the project manager for this Contract.
Prior written approval by City is required in the event Consultant needs to change
the project manager. Consultant shall submit the qualifications of the proposed
substituted personnel to City for approval prior to any substitution or change.
1.3.
Consultant shall follow and comply with the Arizona Utility Coordinating
Committee’s Public Improvement Project Guide and the City’s Utility Permit and
Construction Manual, latest revisions, as directed by City.
1.4.
Consultant shall prepare plans and technical specifications per the requirements of
the applicable chapters of the City’s Engineering Design Criteria Manual, latest
revision, and the Maricopa Association of Governments (MAG) Uniform
Standard Details for Public Works Construction as amended by City. All plans
shall be prepared in AutoCADD as required by City.
1.5.
Consultant shall obtain all necessary permits and licenses required for the
performance of its work. Failure of Consultant to obtain said permits prior to the
commencement of its work shall constitute a breach of this Contract.
1.6.
Consultant shall perform the work in a manner and at times which do not impede
or delay City’s operations and/or functions.
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1.7.
Consultant shall be solely responsible for any repair, replacement, remediation
and/or clean-up of any damage done by Consultant including any impairment of
access to City or other lawful invitees, by such work performed on this Project.
2.
TERM OF CONTRACT
Consultant shall complete all services within 308 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 $2,601,119.00, unless otherwise authorized
by City. This fee includes an allowance of $80,700.00 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
Professional Services
Hourly not to Exceed
$1,823,220.00
Subtotal Task Amount:
$1,823,220.00
Allowances
Method
Amount
Owner’s Allowance
Not to Exceed
$697,199.00
Reimbursable Expenses
Not to Exceed
$80,700.00
Subtotal Allowances Amount:
$777,899.00
Total Compensation
Not to Exceed:
$2,601,119.00
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
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between any of the Tasks or Allowances provided the total Contract amount does
not exceed the amount indicated in Section 3.1.
3.3.
If detailed invoice(s) and progress report(s) are approved by City, installment
payments will be made within 30 calendar days after City’s approval.
3.4.
Consultant acknowledges and agrees that invoices shall be submitted to City for
review and approval no more than 60 calendar days after work or services have
been performed. City reserves the right to deny in whole or in part, payment to
Consultant, including but not limited to, fees and expenses contained in any
invoice not received by the City within 60 calendar days of the date such work or
services were performed. This in no way shall be construed to waive or diminish
City’s rights and remedies for otherwise withholding funds under Arizona law.
4.
CITY’S RESPONSIBILITIES
4.1.
City shall designate a project manager during the term of this Contract. The
project manager has the authority to administer this Contract and shall monitor
compliance with all terms and conditions stated herein. All requests for
information from or a decision by City on any aspect of the work shall be directed
to the project manager.
4.2.
City shall review requests for information related to the Project by Consultant and
will endeavor to provide a prompt response to minimize delay in the progress of
Consultant’s work. City will also endeavor to keep Consultant advised
concerning the progress of City’s review of the work. Consultant agrees that
City’s inspection, review, acceptance or approval of Consultant’s work shall not
relieve Consultant of its responsibility for errors or omissions of Consultant or its
sub-consultant(s).
4.3.
City reserves the right to conduct an independent value engineering review of the
Project.
4.4.
City may retain a consulting firm to prepare an estimate of construction costs.
City may choose not to bid the Project unless and until all estimates received fall
within a reasonable variance, as determined by City.
4.5.
Unless included in Consultant’s services as identified in Section 1, City may
furnish with or without charge, upon Consultant’s reasonable request, the
following information to the extent it is within City’s possession or control:
4.5.1. One copy of its maps, records, laboratory tests, survey ties, and
benchmarks, or other data pertinent to the services. However, Consultant
shall be solely responsible for searching the records and requesting
specific drawings or information and independently verifying said
information.
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4.5.2. Available City data relative to policies, regulations, standards, criteria,
studies, etc., relevant to the Project.
4.5.3. When required, title searches, legal descriptions, detailed ALTA Surveys,
and environmental assessments.
5.
TERMINATION AND DEFAULT
5.1.
City shall be entitled to terminate this Contract at any time, in its discretion. In
addition, City may terminate this Contract for default, non-performance, breach or
convenience, or abandon any portion of the Project for which services have not
been fully or properly performed by Consultant. Termination shall be
commenced by delivery of written notice delivered to Consultant, personally or
by certified mail at 2575 E. Camelback Road, Suite 175, Phoenix, Arizona 85016.
Termination shall be effective upon 14 calendar days of delivery of notice to
Consultant. In addition, this Contract may be terminated pursuant to A.R.S. § 38-
511.
5.2.
Upon the occurrence of Consultant’s default, non-performance or breach of the
Contract, City may recover any and all damages permitted by law or in equity
against Consultant, in addition to termination of the Contract, including but not
limited to compensatory damages, together with all costs and expenses as set forth
in Section 12 herein.
5.3.
In the event of Consultant’s default, non-performance or breach, City agrees to,
before exercising any right or remedy available to it, give Consultant written
notice of the default, non-performance, or breach. For the 30 calendar days
following such notice, Consultant shall have the right to cure such default, non-
performance, or breach.
5.4.
If Consultant fails to cure, immediately after receiving notice of termination from
City, Consultant shall discontinue performance under this Contract and proceed to
close said operations under this Contract. Consultant shall submit a detailed
breakdown of completed work to City for evaluation. City shall have the right to
inspect Consultant’s work to analyze the services completed. Payment to
Consultant shall be determined by City upon approval or disapproval of the
services completed as of the date of delivery of notice of termination, and
pursuant to Section 5.9.
5.5.
Within 14 calendar days of receipt of notice of termination as set forth herein,
Consultant shall deliver to City all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by Consultant under the Contract, entirely or partially completed,
together with all unused materials supplied by City.
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5.6.
In the event of such termination or abandonment, Consultant shall be paid only
for those services performed in a good and workmanlike manner, in accordance
with all plans, specifications and governmental requirements completed prior to
receipt of said notice of termination, subject to approval by City. To the extent
permitted by this Contract, such payment may include reimbursable expenses then
incurred by Consultant, in City’s sole discretion.
5.7.
If the remuneration scheduled hereunder is based upon a fixed fee or definitely
ascertainable sum, the portion of such sum payable shall be proportionate to the
percentage of services completed by Consultant as determined and approved by
City based upon the scope of work set forth in Exhibit “A.” However, in no event
shall the fee exceed that set forth in Section 3 of this Contract.
5.8.
City shall make a determination as to approval or denial of any requested final
payment within 60 calendar days after Consultant has delivered the last of the
completed items and the final appraisal has been submitted to City.
5.9.
The parties agree that in the event of any damages suffered by City as a result of
inexcusable delay, default, non-performance or breach by Consultant, City shall
be entitled to all remedies under the law. No premium will be awarded to
Consultant for delivery and/or performance within the Contract term.
6.
INSURANCE
Without limiting any obligations or liabilities, Consultant, at its sole expense, shall
purchase and maintain the minimum insurance specified below with companies duly
licensed or otherwise approved by the State of Arizona, Department of Insurance, and
with forms reasonably satisfactory to City. Each insurer shall have a current A.M. Best
Company, Inc. rating of not less than A-VII. Use of alternative insurers requires prior
approval from City.
6.1.
General Clauses
6.1.1. Additional Insured. The insurance coverage, except workers’
compensation and professional liability, required by this Contract, shall
name City, its agents, representatives, directors, officials, and employees,
as additional insured, and shall specify that insurance afforded Consultant
shall be primary insurance, and that any self-insured retention and/or
insurance coverage carried by City or its employees shall be excess
coverage, and not contributory coverage to that provided by Consultant.
This provision and the naming of the City as an additional insured shall in
no way be construed as giving rise to responsibility or liability of the City
for applicable deductible amounts under such policy(s).
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6.1.2. Coverage Term. All insurance required herein shall be maintained in full
force and effect until services required to be performed under the terms of
this Contract are satisfactorily completed and formally accepted; failure to
do so shall constitute a material breach of this Contract.
6.1.3. Primary Coverage. Consultant’s insurance shall be primary insurance as
respects City, and any insurance or self insurance maintained by City shall
be in excess of Consultant’s insurance and shall not contribute to it.
6.1.4. Claim Reporting. Consultant shall not fail to comply with the claim
reporting provisions of the policies or cause any breach of a policy
warranty that would affect coverage afforded under the policy to protect
City.
6.1.5. Waiver. The policies for workers’ compensation and general liability
shall contain a waiver of transfer rights of recovery (subrogation) against
City, its agents, representatives, directors, officers, and employees for any
claims arising out of the work of Consultant.
6.1.6. Deductible/Retention. The policies may provide coverage, which contains
deductibles or self-insured retentions. Consultant shall be solely
responsible for deductible or self-insured retentions.
6.1.7. Policies and Endorsements. City reserves the right to request and to
receive, within 14 calendar days, information on any or all of the above
policies or endorsements.
6.1.8. Certificates of Insurance. Prior to commencing services under this
Contract, Consultant shall furnish City with certificates of insurance, or
formal endorsements as required by the Contract, issued by Consultant’s
insurer(s), as evidence that policies providing the required coverages,
conditions, and limits required by this Contract are in full force and effect.
Such certificates shall identify this Contract by referencing the Project
number and/or Project name and shall provide for not less than 30
calendar days advance written notice by certified mail to City of
cancellation or termination of insurance.
6.1.9. Sub-consultants/Contractors. Consultant shall include all sub-consultants
and subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each sub-consultant and subcontractor.
6.2.
Workers’ Compensation. Consultant shall carry workers’ compensation
insurance to cover obligations imposed by federal and state statutes having
jurisdiction of Consultant’s employees engaged in the performance of the
services; and employer’s liability insurance of not less than $100,000 for each
accident, $100,000 disease for each employee, and $500,000 disease policy limit.
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In case services under this Contract are subcontracted, Consultant shall require all
sub-consultant(s) to provide workers’ compensation and employer’s liability to at
least the same extent as provided by Consultant.
6.3.
Automobile Liability. Consultant shall carry commercial/business automobile
liability insurance with a combined single limit for bodily injury and property
damages of not less than $1,000,000 each occurrence regarding any owned, hired,
and non-owned vehicles assigned to or used in performance of Consultant
services. Coverage will be at least as broad as coverage Code 1 “any auto”
(Insurance Service Office policy form CA 00 01 or any replacements thereof).
6.4.
Commercial General Liability. Consultant shall carry commercial general
liability insurance with unimpaired limit of not less than $1,000,000 for each
claim with a $2,000,000 general aggregate limit. The general aggregate limit
shall apply separately to the services under this Contract, or the general aggregate
shall be twice the required per claim limit. The policy shall be primary and
include coverage for bodily injury including death, property damage, personal
injury, products, completed operations and blanket contractual covering, but not
limited to, the liability assumed under the indemnification provisions of this
Contract, which coverage shall be at least as broad as Insurance Service Office
policy form CG 00 01 or any replacement thereof.
In the event the general liability insurance policy is written on a “claims made”
basis, coverage shall extend for two (2) years past completion and acceptance of
the services as evidenced by annual certificates of insurance.
Such policy shall contain a “severability of interests” provision (also known as
“cross liability” and “separation of insured”).
6.5.
Professional Liability. Consultant retained by City to provide the engineering
services required by the Contract will maintain professional liability insurance
covering errors and omissions arising out of the services performed by Consultant
or any person employed by it, with an unimpaired limit of not less than
$1,000,000 each claim and $1,000,000 all claims, or 10% of the construction
budget, whichever is larger. In the event the insurance policy is written on a
“claims made” basis, coverage shall extend for two (2) years past completion and
acceptance of services as evidenced by annual certificates of insurance.
6.6.
Property Coverage – Valuable Papers. Consultant shall carry property coverage
on all-risk, replacement cost, agreed amount form with valuable papers insurance
sufficient to assure the restoration of any documents, memoranda, reports, or
other similar data relating to the services of Consultant used in the completion of
this Contract.
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7.
HEALTH INSURANCE REQUIREMENTS
7.1.
All consultants and general contractors, who bid on projects or enter into public
works contracts, in excess of $100,000 or the current Council approval contract
limit in place at the time the contract is executed, with the City of Tempe, after
January 1, 2001, are required to sign an affidavit in the form attached hereto. The
general contractor shall be responsible for ensuring that the subcontractors
comply with the health insurance requirements.
7.2.
Health insurance is required for all employees, except for those employees who work
less than one hundred and twenty (120) days in any calendar year. A “workday”
consists of any time within a twenty-four-hour period, regardless of number of
hours, that the individual is paid.
7.3.
The level of health insurance provided shall be determined by each employer but
should be no less than that provided by the Arizona Cost Containment Health
System.
7.4.
All complaints concerning violations of the health insurance requirements shall be
filed, in writing, with the Public Work's Department, within five (5) days from
discovery of the violation. An administrative hearing will be held before the Public
Works Director, and a written decision of findings will be provided to the parties to
the hearing within ten (10) days thereafter. Appeal from the decision of the Public
Works Director may be made within ten (10) days of the date of the decision by
filing a notice of appeal in writing with the Public Works Department. If an appeal
is timely filed, an administrative hearing will be held before an administrative
hearing officer appointed by the City Manager. The decision of the administrative
hearing officer shall be final.
7.5.
In the event of a finding of violation of the insurance provisions, the company in
violation of the provision shall be barred from bidding on, or entering into, any
public works contract with the City for a period of three (3) years.
7.6.
All consultants and contractors subject to the health insurance requirements shall
post, in English and Spanish, notice of the health insurance requirements at the job
site. Signs for posting will be provided by the City.
8.
WORK FOR HIRE AND OWNERSHIP OF DELIVERABLES
8.1.
Consultant shall ensure that all the results and proceeds of Consultant’s and any
and all work on the Project and any related projects, including that of all agents,
employees, officers, and contractors, shall be owned by City, including the
copyright thereto, as work for hire. In the event, for any reason, such results and
proceeds are not deemed work for hire, Consultant shall be deemed hereby to
have assigned to City, all of its right, title and interest in such results and proceeds
and content to City, without limitation.
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8.2.
All work products (electronically or manually generated), including but not
limited to plans, specifications, cost estimates, tracings, studies, design analyses,
original mylar drawings, computer aided drafting and design (CADD) file
diskettes which reflect all final drawings, and other related products which are
prepared in the performance of this Contract, are the property of City and are to
be delivered to City on the particular type of storage media on which they are
stored (e.g. CD, thumb drive, etc.) before the final payment is made to Consultant.
City shall retain ownership of these original works. If approved in writing by
City, Consultant may retain the originals and supply City with reproducible copies
of the work.
9.
CONFLICT OF INTEREST
9.1.
Consultant agrees to promptly disclose any and all financial and/or economic
interest in the property, or any property affected by the work, or the Project itself
other than as set forth herein, existing prior to the execution of this Contract.
Further, Consultant agrees to promptly disclose any financial or economic interest
in the Project property, or any property affected by the work, if Consultant gains
such interest during the course of this Contract.
9.2.
If Consultant gains any financial or economic interest in the Project during the
course of this Contract, this may be grounds for terminating this Contract at the
sole discretion of City.
9.3.
Consultant shall not engage the services on this Contract of any present or former
City employee who was involved as a decision-maker in the selection or approval
processes, or who negotiated or approved billings or contract modifications for
this Contract.
9.4.
Consultant agrees that it shall not perform services on this Project for any other
contractor, subcontractor, or any supplier, other than City. In addition, Consultant
shall not negotiate, contract, or make any agreement with a contractor,
subcontractor, or any supplier with regard to any of the work under this Contract,
or any services, equipment or facilities to be used on this Project other than with
City unless consultant receives written approval from the City.
10.
COVENANT AGAINST CONTINGENT FEES
Consultant affirms that it has not employed or retained any company or person, other
than a bona fide employee working for Consultant to solicit or secure this Contract, and
that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the Contract.
For breach or violation of this clause, City may terminate this Contract without liability,
or in its discretion may deduct from the Contract price or consideration, or otherwise
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recover, the full amount of such fee, commission, percentage brokerage fee, gift, or
contingent fee.
11.
INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
City, its officers, and its employees, from liabilities, damages, losses, and costs, including
reasonable attorney fees and court costs, to the extent caused by the negligence,
recklessness or intentional wrongful conduct of Consultant, its subcontractors, design
professionals, or other persons employed or used by Consultant in the performance of the
contract or subcontract. Nothing in this section shall prohibit the requirement of
insurance coverage that complies with this section, including the designation of any
person as an additional insured on a general liability insurance policy or as a designated
insured on an automobile liability policy. The amount and type of insurance coverage
requirement set forth herein will in no way be construed as limiting the scope of the
indemnity in this paragraph.
12.
DISPUTE RESOLUTION
In the event of a dispute concerning or in any way connected to the Contract or subject
Project, the parties agree that the unsuccessful party shall pay to the prevailing party a
reasonable sum for attorneys’ fees, including taxable and non-taxable costs, fees, costs
and disbursements of experts, professionals, paralegals, whether at trial, appeal and/or in
bankruptcy court, all of which will be deemed to have accrued on the commencement of
such action and shall be enforceable whether or not such action is prosecuted to
judgment. In addition, should City retain and/or utilize legal counsel as a result of a
breach by Consultant of any term, covenant or provision of this Contract, in addition to
paying any recovery owed to City and/or performing any obligation remaining to be
performed, in order to fully cure such breach or default, Consultant shall reimburse City
for reasonable attorneys’ fees, taxable and non-taxable costs and disbursements, incurred
by City in enforcing Consultant’s obligations, whether or not a legal action is
commenced, including but not limited to the cost of preparing and presenting default
notices, demand letters and similar non-judicial enforcement activities.
13.
ADDITIONAL SERVICES
Additional services which are outside the scope of basic services contained in this
Contract shall not be performed by Consultant without prior written authorization from
City, at City’s sole discretion. Additional services, when authorized by an executed
contract or an amendment to this Contract shall be compensated for by a fee mutually
agreed upon between City and Consultant.
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14.
PROHIBITION ON ASSIGNMENT
This Contract and all duties and obligations of Consultant set forth in this Contract shall
not be assignable except by prior written consent of City, and such prohibition shall
extend to and be binding upon the heirs, executors, administrators, successors, and
assigns of Consultant.
15.
MISCELLANEOUS PROVISIONS
15.1. Lawful Presence in the United States. Pursuant to A.R.S. §1-502, any
individual/sole proprietor who applies for local public benefits by signing this
Contract shall also sign a sworn affidavit (Exhibit B), and present one of the
documents listed on the affidavit to verify lawful presence in the United States.
This Contract shall not be fully executed by the City if the individual/sole
proprietor fails to sign the affidavit and present one of the listed documents.
15.2. Equal Opportunity. City is an equal opportunity, affirmative action employer.
Consultant hereby covenants for itself, its employees, agents, assigns and all
persons claiming under or through it, that it shall not discriminate unlawfully
against any employee or applicant for employment, nor shall it deny the benefits of
this Contract, to any person on the basis of race, color, creed, religion, ancestry,
national origin, physical or mental disability, age, sex, gender, sexual orientation,
gender identity, marital status, or veteran status with regard to discharging
obligations under this Contract. Consultant covenants and agrees that it will comply
in all respects with the applicable provisions of the Executive Order 11246, Title VII
of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age
Discrimination in Employment Act, the Vietnam Era Veterans’ Readjustment
Assistance Act, the Rehabilitation Act, and any other applicable state and federal
statutes governing equal opportunity. Consultant agrees to post hereinafter in
conspicuous places, available for employees and applicants for employment,
notices to be provided by the contracting officer setting for the provisions of this
clause.
15.3. Antidiscrimination. Consultant shall not refuse to hire or employ or bar or
discharge from employment any person, or discriminate against such person in
compensation, conditions, or privileges of employment because of race, color,
gender, gender identity, sexual orientation, religion, national origin, familial
status, age, disability, or United States military veteran status. Consultant shall
provide a copy of its antidiscrimination policy to City to confirm compliance with
this requirement or attest in writing to compliance based upon the criteria outlined
in (Exhibit C).
15.4. Legal Compliance. Consultant agrees and covenants that it will comply with
applicable governmental restrictions, regulations and rules of duly constituted
authorities having jurisdiction insofar as the performance of the work and services
pursuant to the Contract, and applicable safety and employment laws, rules and
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regulations, including but not limited to, the Fair Labor Standards Act, the Walsh-
Healey Act, and the Legal Arizona Workers Act (LAWA), and all amendments
thereto, along with all attendant laws, rules and regulations at the time services
are performed. Consultant acknowledges that a breach of this warranty is a
material breach of this Contract and Consultant is subject to penalties for
violation(s) of this provision, including termination of this Contract. City retains
the right to inspect the documents of any and all consultants, subconsultants and
sub-subconsultants performing work and/or services relating to the Contract to
ensure compliance with this warranty. Any and all costs associated with City
inspection are the sole responsibility of Consultant. Consultant hereby agrees to
indemnify, defend and hold City harmless for, from and against all losses and
liabilities arising from any and all violations thereof.
15.5. Boycott. Consultant certifies that it is not currently engaged in and agrees for the
duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as
that term is defined in A.R.S. § 35-393.
15.6. Compliance with Ariz. Rev. Stat. § 35-394. Contractor hereby certifies that it
does not currently, and agrees for the duration of this Agreement, that Contractor
will not, use: 1. The forced labor of ethnic Uyghurs in the People’s Republic of
China; 2. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China; or 3. Any contractors, subcontractors or suppliers
that use the forced labor or any goods or services produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China. Contractor hereby agrees to
indemnify and hold harmless the City, its officials, employees, and agents from
any claims or causes of action relating to the City’s action based upon reliance
upon this representation, including the payment of all costs and attorney fees
incurred by the City in defending such as action.
15.7. Specially Designated Nationals and Blocked Persons List. Consultant represents
and warrants to City that neither Consultant nor any affiliate or representative of
Consultant (i) is listed on the Specially Designated Nationals and Blocked
Persons List maintained by the Office of Foreign Asset Control, Department of
the Treasury (OFAC) pursuant to Executive Order No. 13224, 66 Fed.Reg. 49079
(“Order”); (ii) is listed on any other list of terrorists or terrorist organizations
maintained pursuant to the Order, the rules and regulations of OFAC or any other
applicable requirements contained in any enabling legislation or other related
Order(s); (iii) is engaged in activities prohibited in the Order; or (iv) has been
convicted, pleaded nolo contendre, indicted, arraigned or custodially detained on
charges involving money laundering or predicate crimes to money laundering.
Consultant further agrees to include the provisions set forth in Sections 15.1
through 15.7 in any and all subcontracts hereunder. Any violation of such
provisions shall constitute a material breach of this Contract.
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15.8. Effective Date. This Contract shall be in full force and effect only when signed
by the duly authorized City officials and the duly authorized agent of Consultant.
15.9. Governing Law; Venue; Jurisdiction. This Contract shall be governed and
interpreted by the laws of the State of Arizona. An action to enforce any
provision of this Contract or to obtain any remedy with respect hereto will be
brought in the Superior Court, Maricopa County, Arizona, and for this purpose,
each party hereby expressly and irrevocably consents to the jurisdiction and venue
of such court.
15.10. Exhibits. All exhibits attached to this Contract are made a part of and are
incorporated into, this Contract. If any inconsistencies exist between this
Contract and any exhibit hereto, the terms of this Contract shall govern.
15.11. Force Majeure. Any prevention, delay or stoppage of this Project for a cause
beyond the reasonable control of Consultant due to acts of God, acts of war or
terrorism, fire or other casualty, shall, notwithstanding anything to the contrary
contained herein, excuse the performance of Consultant, for a period equal to such
prevention, delay or stoppage. For purposes of this Section 15.11, a cause shall
not be deemed beyond a party’s control if it is within the control of such party’s
agents, employees, assigns, contractors or subcontractors.
15.12. Entire Agreement. This Contract contains all of the agreements of the parties
with respect to the Project and related matters, and no prior agreement,
negotiations, postings, offerings, or understanding pertaining to any such matter
shall be effective for any purpose unless expressly contained herein.
15.13. Consultant’s Good Standing. Consultant hereby warrants and represents that it is
a California corporation, licensed to do business in the state of Arizona and
currently in good standing, and that it is not in violation of any agreement,
instrument, contract, law, rule, or regulation by which Consultant is bound.
15.14. Independent Contractor. Nothing contained in this Contract shall be deemed or
construed by the parties hereto or otherwise, to create the relationship of principal
and agent, partnership, joint venturer, employer and employee, or any association
between City and Consultant. Consultant is an independent contractor and shall
be solely responsible for any unemployment or disability insurance payments, or
any social security, income tax or other withholdings, deductions or payments that
may be required by federal, state or local law with respect to any compensation
paid to Consultant hereunder or for any and all services or materials provided by
or rendered to Consultant hereunder in connection with the work set forth in this
Contract.
14
15.15. Severability. If any provision of this Contract shall, to any extent, be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder
of this Contract shall not be affected thereby, and every other term and provision
of this Contract shall be valid and enforceable to the fullest extent permitted by
law.
15.16. Time is of the Essence. Time is of the essence in this Contract and each and
every provision herein, except as may expressly be provided in writing by City.
15.17. No Waiver. No breach or default hereunder shall be deemed to have been waived
City, except by a writing to that effect signed on behalf of City. No waiver of any
such breach or default shall operate as a waiver of any other succeeding or
preceding breach or default or as a waiver of that breach or default after written
notice thereof and demand by City for strict performance of this Contract.
Acceptance of partial or delinquent payments or performance shall not constitute
the waiver of any right of City.
15.18. Survival. Any and all representations, obligations, indemnities, warranties,
covenants, conditions and agreements contained in this Contract which are
expressed as surviving the expiration or earlier termination of this Contract, or by
their nature, are to be performed, observed or survive, in whole or in part, after
the termination or expiration of this Contract term, shall survive the termination
or expiration of this Contract.
15.19. Retention of Records. City, through any authorized representative, will have
access to and the right to examine and copy all records, books, papers or
documents related to services rendered under this Contract. Consultant will retain
all books and records related to the services performed for a period of not less
than the greater of any applicable federal law retention requirement or five (5)
years following termination of this Contract.
15.20. Antitrust Violations. City and Consultant recognize that in actual economic
practice overcharges resulting from antitrust violations are in fact borne by City.
Therefore, Consultant assigns to City any and all claims for such overcharges.
Consultant in all subcontracts shall require all subcontractors to likewise assign
all claims for overcharges to City.
15.21. Headings. The heading use in this Contract is for ease of reference only and shall
not in any way be construed to limit or alter the meaning of any provision.
15.22. No Construction Against Drafting Party. Each party acknowledges that it has had
an opportunity to review the Contract with counsel, and such documents shall not
be construed against any party that is determined to have been the drafter of the
documents.
15
15.23. Notices to Parties:
All notices pursuant to this Contract shall be made in writing and delivered or
mailed by certified mail to the parties at the following addresses:
CITY:
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)
M. Arthur Gensler Jr. & Associates,
Inc., dba Gensler
2575 E. Camelback Road, Suite 175
Phoenix, AZ 85016
15.24. Non-Appropriation of Funds. City is a government agency that relies upon
appropriation of funds by its governing body to satisfy its obligations. In the event
that (1) funds are not appropriated by the City Council to perform the Work; or
(2) funds appropriated or otherwise allocated to perform the Work become
unavailable for payment by City under this Contract, City may either (a) cancel
this Contract without further obligation of City; or (b) delay the Work for a period
of six (6) months, In case of any such delay by City, Consultant/Contractor may
suspend performance of work or services as applicable. The parties retain all
rights available under this Contract to the extent permitted under Arizona law, in
the event of termination or cancellation of this Contract due to lack of funding on
the part of the City.
15.25. Secure Facility Access. Contracts that call for work to be done in any of the
City’s secure facilities are subject to the City’s Engineering Secure Facilities
Access Guidelines, which are incorporated herein by reference.
15.26. Heat Safety Standards for Outdoor Workers. If Contractor's employees or
contract workers will perform work under this Contract in an outdoor
environment for a substantial period of time, the Contractor must have and
implement a written plan listing the preventative and proactive measures that
Contractor will take to protect those employees and contract workers from heat
hazards (the "heat safety plan") while performing that work. The City may
request a copy of this heat safety plan and documentation of all heat safety and
mitigation efforts currently implemented by the Contractor to prevent heat-related
illnesses and injuries for work done under this Contract. The heat safety plan
must also be posted where it is accessible to employees.
At a minimum, the heat safety plan must include each of the following elements
as it relates to heat safety:
16
(1)
The heat safety plan shall address the requirements of Section 13A-102.
(2)
Effective acclimatization practices to promote the physiological adaptation
of employees or contract workers newly assigned or reassigned to work in
an outside environment. An employee who has been newly assigned to a
high heat area shall be closely observed by a supervisor or designee for the
first ten (10) days of the employee's employment. Employers may follow
the Arizona Division of Occupational Safety and Health (ADOSH)
acclimatization recommendations, which prescribe starting with twenty
percent (20%) of a normal workload and progressively increasing it by
twenty percent (20%) each subsequent day.
(3)
Close monitoring and observation of employees working in heat,
potentially including a 'buddy system' where employees are partnered
together.
(4)
Communication and emergency response protocols: specifically, a means
of communication between supervisors and employees in the event of a
heat-related emergency.
(5)
Training of employees and contract workers, no later than one (1) week
prior to being deployed to work in an outdoor environment, on heat illness
and injury that focuses on environmental and personal risk factors,
prevention, how to recognize and report signs and symptoms of heat illness
and injury and how to report heat illness and injury to emergency medical
personnel. Employees shall receive at least one (1) additional training
session annually thereafter.
(6)
The posting of signage at the job site that contains information, in both
English and Spanish, explaining how to (a) recognize and report signs and
symptoms of heat illness and injury; (b) administer appropriate first aid
measures, and (c) report heat-related illness and injury to emergency
medical personnel. The signage must also include a phone number for
reporting heat violations to OSHA/ADOSH. The signage must also include
a phone number for reporting heat violations to Occupational Safety and
Health Administration (OSHA), Arizona Division of Occupational Safety
and Health (ADOSH). The signage must indicate that reports may be made
anonymously.
(7)
Providing written notification to all employees and contract workers
regarding their new worker protections under this provision. This
notification shall be provided to existing employees and during the
onboarding process for new employees. The notification shall be provided
to each worker in the language preferred by that worker and must be posted
in the workplace. Contractors will incorporate this section in all
subcontracts with subcontractors or other entities or individuals who may
17
perform work under this Contract, including the requirement that those
subcontractors impose the same obligations under any sub- subcontractors.
It is the obligation of the Contractor to ensure compliance with this
provision by its subcontractors. City may terminate this Contract for failure
to comply with this provision.
15.27. Burial and Cultural Discoveries. Personnel working on projects involving
ground-disturbing activity are required to comply with the Salt River Pima-
Maricopa Indian Community (SRPMIC) Statement on Burials and Cultural
Resource Discoveries (the “Statement”), a copy of which can be obtained from
the City of Tempe Historical Preservation Office upon request at 480-350-8870.
To comply with the Statement, Contractor and its’ agents are prohibited from
publicly releasing information about archeological findings or recording (through
photos, video, or other imaging) archaeological resources, including human
remains, funerary objects, or other discoveries.
15.28. GIS Data Disclaimer. THE CITY OF TEMPE DOES NOT WARRANT THE
ACCURACY,
COMPLETENESS,
CONDITION,
SUITABILITY,
PERFORMANCE, OR CURRENCY OF THE GIS DATA PROVIDED UNDER
THIS
CONTRACT.
AREAS
DEPICTED
BY
GIS
DATA
ARE
APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO
STANDARDS FOR MAPPING, SURVEYING OR ENGINEERING. THIS
DATA IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE
RELIED UPON FOR SITE-SPECIFIC PURPOSES. THE DATA HEREIN IS
SUBJECT TO CONSTANT CHANGE AND MAY NOT BE COMPLETE,
ACCURATE OR UP-TO-DATE. THE CITY OF TEMPE IN NO WAY
ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY INCORRECT
DATA OR ANY INFORMATION PROVIDED HEREIN. THE CONSULTANT
ACKNOWLEDGES AND AGREES THAT THE CITY OF TEMPE ASSUMES
NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY
RESULTING
FROM
INCOMPLETE,
INCORRECT
OR
MISSING
INFORMATION; INCLUDING ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED OR UNDER ANY
THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE. BY WAY OF THE SIGNATURE ON THIS
CONTRACT, THE CONSULTANT ASSUMES ALL LIABILITY FOR
ANY AND ALL DEPENDENCE AND/OR RELIANCE UPON THIS
INFORMATION AND ASSUMES ALL RESPONSIBILITY RELATING
THERETO. ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY
AND
FITNESS
FOR
A
PURPOSE
ARE
SPECIFICALLY AND EXPRESSLY DISCLAIMED. CONSULTANT
SHOULD NOT RELY UPON THE GIS DATA WITHOUT PROPER FIELD
VERIFICATION FOR ANY PURPOSE.
18
[SIGNATURE PAGE TO FOLLOW]
19
SIGNATURE PAGE
Phase II of Tempe Diablo Stadium Complex Renovation
Project No. 6309761B
DATED this 5th day of February 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:
M. Arthur Gensler Jr. & Associates, Inc.,
dba Gensler
Signature
Printed Name
Title
Email Address
Federal I.D. No./Tax Payer I.D. No.
Gensler LOA – Architecture & Interiors
August 2025
January 15, 2026
German Piedrahita
Engineering Project Manager
City of Tempe
31 East 5th Street
MS 01-08
Tempe, AZ 85281
Subject: 6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
Proposal For Professional Services
Dear Mr. Piedrahita:
We are pleased to present this proposal for the Tempe Diablo Stadium Complex Renovation identified
below. This proposal builds on a proven process and approach successfully implemented on similar
projects, and we are confident that this methodology will effectively meet the needs of both the City
of Tempe and the Los Angeles Angels as we move forward with this effort. Our proposal provides a
comprehensive framework that generally defines the scope of services for the overall project, and
outlines each subsequent phase by defining deliverables, schedule, and service fees to ensure clarity,
accountability, and confidence throughout the project.
This Agreement is between the City of Tempe (“Client”) and M. Arthur Gensler Jr. and Associates, Inc.,
(“Gensler”), located at 2575 E. Camelback Rd, Suite 175, Phoenix, Arizona, 85016 for Design and
Construction Administration services for the Tempe Diablo Stadium.
A. PROJECT
A.1 Project Description. The project includes a variety of scopes through a varied level of phases indicated
below at Tempe Diablo Stadium at 2200 W. Alameda Dr. Tempe, AZ 85282 (the “Project”).
1.
Minor League Clubhouse:
•
Scope taken through Conceptual Design
•
Approximately 30,000 sf, single story, new Minor League Clubhouse
•
Standalone building adjacent to Major League Complex; explore other site locations
•
Core Program Elements Included:
o
Multiple MiLB player locker rooms and wet areas
o
Male coaches locker room and wet area
o
Female coaches/ staff locker rooms and wet areas
o
Coaches video and team meeting rooms
o
Offices, conference rooms and unisex restrooms
o
Equipment, laundry and storage rooms
o
Dining room and service, warming pantry
o
Training room with above ground hydrotherapy transportable plunge tubs
EXHIBIT A
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
January 15, 2026
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Gensler LOA – Architecture & Interiors
April 2025
•
Program Elements Not to be Included:
o
Cooking Kitchen (share existing at Major Leagues)
o
Weight training & agility (share existing at Major Leagues)
o
Batting tunnels (share existing at Major Leagues)
2.
Offices to Suites:
•
Scope taken through Conceptual Design (SD-CD as an Allowance)
•
Approximately 8,800 sf, existing upper-level administration and press areas
•
Medium to heavy level renovation - spaces reconfigured for Suites, including additional
toilet count.
•
Core Program Elements Needed:
o
(4) Individual suites with new windows and operable partition walls
o
Unisex restrooms
o
Indoor bar area
o
Pantry warming area (food and beverage from existing concession)
3.
1st Base Clubhouse Renovation:
•
Scope taken through Schematic Design (DD-CD as an Allowance)
•
Approximately 15,000 sf, single story at bowl
•
Basic to medium level renovation - similar use of rooms, utilizing original plumbing
systems.
•
Core Program Elements Needed:
o
Multiple Visiting player locker rooms and wet areas
o
Male and female coaches locker room and wet areas
o
Male and female Umpires locker rooms and wet areas
o
Admin Offices, conference room and unisex restroom
o
Equipment, laundry and storage rooms
o
Training and exam rooms
o
Explore option as the minor league clubhouse (requires adding renovation of
3rd base side for visiting team clubhouse)
•
Program Elements Not to be Included:
o
Hydrotherapy, kitchen, service and weight training rooms are not included
4.
1st Base Dugout Locker Room:
•
Scope taken through full Design
•
Approximately 1,000 sf, renovated space under stadia.
o
Abandon existing player changing area and restrooms
o
Steel shoring under stadia
o
New CMU demising wall between abandoned area and restroom
o
Interior doors and restroom accessories
o
Exposed ceiling to stadia
o
Interior finishes
o
Access to Concourse
o
Mechanical, electrical, plumbing requirements for new unisex restroom
5.
3rd Base Dugout Locker Room:
•
Scope taken through full Design
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
January 15, 2026
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Gensler LOA – Architecture & Interiors
April 2025
•
Approximately 1,000 sf, renovated space under stadia.
o
Abandon existing player changing area and restrooms
o
Steel shoring under stadia
o
New CMU demising wall between abandoned area and restroom
o
Interior doors and restroom accessories
o
Exposed ceiling to stadia
o
Interior finishes
o
Access to Concourse
o
Mechanical, electrical, plumbing requirements for new unisex restroom
6.
Left Field Concourse/Berm Regrading:
•
Scope taken through Schematic Design (DD-CD as an Allowance)
•
Approximately 9,000 sf, left field berm area.
o
New concrete foundation and retaining wall along street at backside of berm
o
Earthwork infill (import) as necessary to establish path of travel finish grade
o
Replace existing turf where disturbance occurs
o
New path of travel sidewalk at back side of berm
7.
Shade Structure – West Side Concourse:
•
Scope taken through Schematic Design (DD-CD as an Allowance)
•
Approximately 8,000 sf fabric shade structure on concourse.
•
Demo SOG for caissons
o
Caissons 36" x 28' deep
o
Steel framed structure with painted finish
o
HDPE tensioned fabric
o
LED linear flood lighting
o
Sprinkler system not to be included
8.
Stadium Sound Replacement:
•
Scope taken through Schematic Design
•
Replace stadium sound system.
o
Replace all large-format speakers covering the main stadium stands with
new weather resistant outdoor rated speakers
o
Replace all smaller concourse area speakers with new weather resistant
outdoor rated models
o
Add additional speakers to the left field foul pole to improve audio coverage
o
Install new speaker cable throughout, rated for outdoor use and UV exposure
o
Install Q-SYS upgrades and new press box volume controls
9.
Seating Bowl Full Replacement:
•
Scope taken through full Design
•
Full replacement with new concrete structure. No waterproofing coating. Keep existing
seating layout design. Approximately 30,000 sf, stadia on grade replacement.
o
Demo existing stadia
o
Stadia grading and subgrade
o
New concrete perimeter wall at warning track
o
New stadia on grade
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
January 15, 2026
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Gensler LOA – Architecture & Interiors
April 2025
o
Joint sealants & expansion joints
o
New stair handrails
o
Wall padding
o
Electrical (rework existing)
o
Option for re-directed view seating
•
Approximately 6,900 seats replacement.
o
Demolition and disposal of existing seats
o
Prep existing concrete stands
o
New seats (assumes new seating bowl replacement - see 2.1)
o
Standard color choice only
o
Typical slate back baseball seat (include alternative options)
o
Re-directed view seating
10. Backfield Lighting:
•
Scope taken through Master planning then Direct to Vendor
•
New or retrofit LED lighting with upgraded controls.
o
New Musco LED exterior cluster lighting (100fc infield/70fc outfield)
o
Lighting controls
o
Combination of new and existing light poles to support new light fixtures
11. Field Replacement:
•
Scope taken through Master planning then Direct to Vendor
•
Approximately 148,000 sf stadium infield and outfield replacement.
o
18" Excavation, removal, and haul off existing turf system
o
New Natural Turf
o
Fine Grading
o
4" gravel blanket layer
o
14" USFA Root Zone Mix - Turf (no peat)
o
4"D Ballyard Clay Infield Mix
o
4"Hilltopper WT Mix
o
419 Tifway Sand Based Sod
o
New Field Irrigation
o
Under field draining 1"x12" Multiflow 20'OC with fabric on subgrade
o
Bases, pitching rubber, homeplate
o
Pitcher's mounds and catchers/batter boxes using ballyard clay only
12. Scoreboard:
•
Scope taken through Master planning then Direct to Vendor (SD-CD as an Allowance)
•
New scoreboard with upgraded control room.
o
New 26.5' x 48' Visual board (792 x 1440 pixel)
o
Remove existing scoreboard (structure to remain)
o
Steel modifications to existing structure for new score board size
o
Rework power distribution panels (assumes existing power is sufficient)
o
New control system for scoreboard
o
Pull new fiber for scoreboard
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
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Gensler LOA – Architecture & Interiors
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A.2 Project Budget. Client will provide and Gensler will review Client’s overall project and construction
budget goals for the Project (the “Project Budget”) prior to the commencement of services. The Project
Budget will include appropriate amounts for design and construction contingencies, consistent with the
nature of the Project. During design, Client (or Client’s designated representative, including, e.g., a pre-
construction contractor or cost estimator) will provide Gensler estimates of the Construction Cost ten
(10) business days prior to the conclusion of a design phase if specified in Section B.1 below, including
contingency amounts commensurate with the stage of design evolution and the nature of the Project.
Client and Gensler will review such cost estimates and Client will adjust it to reflect changes in the program
requirements, design, and level of design detail, or adjust the program, to the extent required for
consistency with the Project Budget. Unless it would otherwise be an Optional/Additional Service (as
defined in Section B.3 below). Gensler will incorporate any agreed upon changes in the subsequent design
phase as part of its Basic Services (as defined in Section B.1 below).
A.3 Project Schedule. The Project schedule of important milestones (“Schedule”) is set forth below. The
Project will proceed in accordance with the Schedule. The parties will monitor the Project for conformance
with the Schedule. If Client directs Gensler to provide Additional Services requiring additional time or the
Project is not proceeding in accordance with the Schedule due to factors beyond Gensler’s reasonable
control, Gensler and Client will adjust the Schedule as appropriate, consistent with Section B.3,
Optional/Additional Services. The Schedule will consist of the following presently projected milestones:
a)
Project Kick-off
February 6, 2026 (tentative)
b) Concept Design / Master Planning
12 weeks
c)
Schematic Design
8 weeks
d) Development Documents
8 weeks
e) Construction Documents
8 weeks
f)
Submit for Permitting
TBD
g) Permitting, Bidding and Negotiation Support
8 weeks from f
h) Commencement of Construction Administration Services
April 2027
i)
Substantial Completion or Occupancy
December 2027
j)
Completion of Construction Administration Services
January 2028
B. SCOPE OF SERVICES PROVIDED BY GENSLER
Client and Gensler will each provide the names of their key Project team members, including the primary
contact person and the person authorized to make decisions.=Meetings and Site Visits may be conducted
by telephonic, videoconference, or other remote means.
B.1 Gensler’s Basic Services
Gensler’s Basic Services include design services for the Tempe Diablo Stadium Complex identified
above.
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
January 15, 2026
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Gensler LOA – Architecture & Interiors
April 2025
Unless Gensler and Client expressly agree otherwise, Gensler’s Basic Services only include services with
respect to improvements within Client’s real estate designated for the Project.
Gensler’s fee for Basic Services is based upon (among other things) the information in Section A,
including the Project Budget and Schedule, and the scope of services in Section B. Changes in Project
Budget, Schedule, or scope may result in Additional Services, consistent with Section B.3.
Gensler will engage sub-consultants to provide design services for the following building systems or
components: Civil, Field Civil, Structural, Mechanical, Electrical, Plumbing, AV, Code, and Cost
Estimating as requested by Client.
Client will engage separate consultants to provide the Direct to Vendor scopes beyond Master Planning
as indicated above. Gensler will provide backgrounds of Gensler’s drawings to Client’s consultants,
showing the locations of architectural design elements that influence the layout of their scopes.
B.1.1 Phase One - Pre-Design
B.1.1.1 Project Start-up/Kickoff. Upon Client’s authorization to proceed, key representatives of Client,
Gensler, and appropriate consultants will meet to kick off the Project. The purpose of the meeting is to
establish the parties’ mutual understanding of the Project objectives, schedule, budget, and delivery
process. The agenda may include the following:
a.
Introduction of key team members, including each party’s primary contact and the person
authorized to make decisions;
b. Discussion of Project performance targets;
c.
Discussion of Schedule milestones, including process and durations for Client’s review and
approval;
d. Discussion of programming information to be provided by Client and Client’s process for
providing such information;
e.
Discussion of the process for refining the Project Budget and providing cost estimates prior to
the conclusion of the phases identified below;
f.
Review and discussion of existing site conditions;
g.
Development of a BIM Execution Plan, if required for the Project;
h. Discussion of communication protocols;
i.
Identification of key personnel and protocols for invoicing and payment;
j.
Discussion of LEED or other sustainability objectives and any specialty consultants to be
engaged to provide related services.
During each phase of the project, Gensler will attend project meetings with Client to review Project
design status as specified below with respect to each phase. Gensler will provide the agenda and
meeting minutes within two (2) business days of each meeting.
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
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Gensler LOA – Architecture & Interiors
April 2025
B.1.1.2 Client-Provided Programming Information. Client will provide and Gensler will review requested
programming information (together with the Project description in this Agreement, the “Program”),
which will include the following parameters:
a.
Site requirements;
b. Personnel counts and functional area allocations;
c.
Space requirements, functional relationships, and equipment;
d.
Technology requirements;
e.
Adjacency requirements;
f.
Infrastructure requirements, including after-hours use, HVAC, and special security;
g.
Other applicable guidelines, policies, and procedures that may affect Project design.
If Client’s programming information is incomplete or requires investigation or correction, Client will
provide further information upon Gensler’s reasonable request. To assist Client in providing adequate
information, Gensler may recommend meetings, interviews, or other services as Additional Services.
B.1.1.3 Data Collection. Client understands and agrees that Gensler may gather statistical data,
analytics, trends and other aggregated or otherwise de-identified data derived from Gensler’s services to
Client (“Aggregate Data”), and that Aggregate Data will be stored and processed by Gensler for general
research purposes. Aggregate Data, as well as any resulting research, know-how, processes, algorithms or
other methodology related to the Aggregate Data, shall remain Gensler’s property and will be considered
Confidential Information under the Standard Terms and Conditions attached to this Agreement.
B.1.1.4 Master Site Planning. Gensler will assist with the evaluation of, and develop a master site plan
for, up to three (3) locations/configurations for the Minor League Clubhouse to review with the Client
including:
a.
Site plan design;
b. Site circulation;
c.
Overall site organization;
d. Open space design and calculation;
e.
Parking distribution and layout., if affected by new location.
B.1.1.5 Existing Conditions. Gensler will review record documentation provided by Client of the
existing conditions and visit the Project site to verify reasonably observable existing conditions. If
required, and approved by Client, Gensler may provide Additional Services to measure portions of the
Project solely for the purpose of verifying certain conditions. Under certain circumstances, such as if
the documentation of existing conditions is unavailable or appears to be unreliable, Gensler may
recommend that Client engage the services of a surveyor to document the existing conditions before
Gensler can proceed with further design services. Client acknowledges that demolition can reveal pre-
existing, hidden conditions, which may require Additional Services and/or modifications to the
Program, Project Budget, and/or Project Schedule.
6309761B - Phase II of Tempe Diablo Stadium Complex Renovation
January 15, 2026
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Gensler LOA – Architecture & Interiors
April 2025
B.1.1.6 Design Discovery. Gensler understands that the Client has done the Design Discovery for the
Project as provided with the Request for Qualifications provided in September 2025.
Client may request or Gensler may recommend separate design discovery meetings or other services
as Additional Services.
B. 1.2 Phase Two - Design
B.1.2.1 Phase Two services will commence when Client has confirmed the Program and other initial
information established in Phase One and directed Gensler to proceed accordingly.
B.1.2.2 Conceptual Design. Gensler will develop and initiate the Conceptual Design, consisting of a Project
design concept, including rough sketches and other perspectives sufficient to provide Client a preliminary
perspective regarding the Project’s general layout and aesthetic. The Conceptual Design will not include
design detail to be developed in Schematic Design or later phases.
Gensler will provide the Conceptual Design Documents in PDF including a package for Client’s cost
estimator or general contractor to prepare an initial cost estimate, which will be provided to Gensler.
Gensler will meet with Client every other week virtually with up to four (4) of those meetings being in-
person. The purpose of meetings is to present and review the material, including any cost estimate
prepared by the cost estimator or Client’s general contractor. Client and Gensler will agree upon any
reasonable changes, consistent with the Program, and Gensler will incorporate such changes in the
Schematic Design phase, unless the changes would otherwise be an Optional/Additional Service (as
defined in Section B.3 below). Meetings in this phase will include up to four (4) Gensler personnel for
up to two (2) hours per meeting.
B.1.2.3 Schematic Design. Gensler will initiate and develop the Schematic Design, consisting of:
a. Preliminary project description;
b. Site plan;
c.
Preliminary landscape plans;
d. Schematic floor plans;
e.
Building elevations;
f.
Key interior elevations;
g.
Exterior color palettes and finish samples;
h. Typical building sections, as necessary;
i.
Key 3-D views depicting general massing and overall spatial organization;
j.
Outline description of building systems included in Gensler’s scope of services, prepared by
Gensler’s consultants.
k.
Gensler to comply with City of Tempe International Green Construction Code (IgCC)
Gensler will provide the Schematic Design Documents in PDF including a package for Client’s cost
estimator or general contractor to prepare an initial or updated cost estimate, which will be provided
to Gensler. Gensler will meet with Client every other week virtually with up to two (2) of those meetings
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being in-person. The purpose of meetings is to present and review the material, including any cost
estimate prepared by the cost estimator or Client’s general contractor. Client and Gensler will agree
upon any reasonable changes, consistent with the Program, and Gensler will incorporate such changes
in the Design Development phase, unless the changes would otherwise be an Optional/Additional Service
(as defined in Section B.3 below). Meetings in this phase will include up to two (2) Gensler personnel
for up to one (1) hour per meeting.
B.1.2.3.1 Site Plan Approval. Gensler will provide a detailed site exhibit for City of Tempe site plan
approval. Gensler assumes the approval process will be handled internally by the City project manager
and/or administratively. If the City of Tempe requires Genser’s assistance, a mutually agreed upon
additional service will be provided. If any visualizations are required, they will be in-house renderings.
Professional photo realistic renderings would be an Optional/Additional Service (as defined in Section
B.3 below).
B.1.2.4 Design Development. Based on the approved Schematic Design and Client’s authorization to
proceed, Gensler will proceed with Design Development, to further develop the design, including:
a.
Site plan (for reference only); Site exhibit to be provided per B.1.2.3.1 above;
b. Life safety code sheet;
c.
Floor plans;
d. Building elevations;
e.
Typical exterior lighting fixture locations, where applicable;
f.
Architectural treatments, including materials palettes and color selections;
g.
Interior elevations and sketches as required to communicate design intent;
h. Details of key design elements as required to communicate design intent;
i.
Building sections;
j.
Preliminary designs of building systems included in Gensler’s scope of services (prepared by
Gensler’s consultants) and coordination with Client’s engineering and other consultants.
k.
Reflected ceiling plans and typical light fixture locations for common spaces;
l.
Outline specifications.
m. Gensler to comply with City of Tempe International Green Construction Code (IgCC)
Gensler may present materials for review virtually or physically. If Gensler presents materials virtually,
Client may request and Gensler will make arrangements to send physical samples to Client when
feasible.
Gensler will provide the Design Development Documents in PDF including a package for Client’s cost
estimator or general contractor to update the cost estimate, which will be provided to Gensler. Gensler
will meet with Client every other week virtually with up to two (2) of those meetings being in-person.
The purpose of meetings is to present and review the material, including any cost estimate prepared by
the cost estimator or Client’s general contractor. Client and Gensler will agree upon any reasonable
changes, consistent with the Program, and Gensler will incorporate such changes in the Design
Development phase, unless the changes would otherwise be an Optional/Additional Service (as defined
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in Section B.3 below). Meetings in this phase will include up to two (2) Gensler personnel for up to one
(1) hour per meeting.
B.1.2.5 Product Design. Gensler provides design services to manufacturers of certain products for which
Gensler receives royalties. Gensler will endeavor to notify Client prior to recommending any such product
for use on the Project. Gensler may design such custom products for use in this Project. In that event,
Gensler will retain ownership of any such product designs and will execute a license agreement with a
manufacturer or other contractor incorporating Gensler’s standard product design terms and
conditions. Client will procure the product from such entity at Client’s option.
B.1.2.6 Construction Documents. Based on the approved Design Development Documents and Client’s
authorization to proceed, Gensler will provide Drawings and Specifications intended to be used for
constructing the Project, including:
a.
Site plan;
b. Life safety code sheet;
c.
Floor plans of each typical and unique level;
d.
Building sections and elevations;
e.
Interior elevations and building sections as required;
f.
Enlarged plans and elevations of special areas where necessary;
g.
Roof and penthouse plans, as applicable;
h. Core and shell details and building wall sections;
i.
Finish plans and finish schedules;
j.
Door and hardware schedule;
k.
Reflected ceiling plans;
l.
Design details;
m. Power and communication (outlet) plans for common areas;
n. Code required signage standards;
o. Project Manual, including General and Supplementary Conditions, General Requirements, and
Technical Specifications;
p. Engineering drawings of systems included in Gensler’s scope of services (prepared by Gensler’s
consultants) and coordination with Client’s engineering and other consultants.
q. Gensler to comply with City of Tempe International Green Construction Code (IgCC)
Gensler will provide the signed Construction Documents in PDF. Gensler will meet with Client up to
two times during this phase. Meetings in this phase will include up to two (2) Gensler personnel for up
to two (2) hours.
B.1.2.7 Furniture. Not currently included. If the City of Tempe requires Gensler’s assistance, a mutually
agree upon additional service will be provided. Description of Furniture scope of work: In collaboration
with the identified Furniture Vendors, Gensler will prepare furniture location drawings and a design intent
package that describes the requirements for pricing, bidding, fabricating, and installing furniture (“FF&E
Documents”). Following preparation of the FF&E Documents, Client will require each Furniture Vendor to
submit the following to Gensler: detailed specifications; installation drawings; color and finish samples of all
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materials; and, if required, mock-up installations for certain furniture systems. Gensler will provide up to two
reviews of any item or package in such material and provide comments to the Client and Furniture Vendors.
Client will procure all furniture directly from Furniture Vendors, who will be responsible for furniture fabrication
and installation.
B.1.3 Phase Three – Implementation
B.1.3.1 Bidding and Negotiation. Client will prepare construction bidding documents. Gensler will assist
Client with questions regarding the Construction Documents. Gensler will meet one (1) time with Client
to discuss Client’s pricing and contracting strategies and selection of the general contractor and/or
vendors. Gensler will attend up to three (3) meetings with Client and potential contractors.
B.1.3.1.1 Fast Track. Gensler’s standard practice requires the completion of the Construction
Documents prior to bidding/awarding contracts to construct the project. If Client awards a
construction contract for the Project or portions of the Project prior to completion of the Construction
Documents, and/or if Client requests Gensler to issue separate Construction Documents packages for
portions of the Project, Gensler’s services to prepare such packages will be provided as Additional
Services or Client may request Gensler to use a portion of the Allowance allocations.
B.1.3.2 Permit Applications. Gensler will submit the permit set required by governmental authorities
having jurisdiction over the Project, as it relates to the issuance of a general building permit. Gensler
will provide additional reviews or submissions of the permit set (or a portion thereof) in order to obtain
the permit. Client will be responsible for payment of all application fees and other expenses relating to
the permit process.
B.2 Intentionally omitted.
B.3 Optional/Additional Services. Gensler will provide services beyond the Basic Services described in
Section B.1 (“Additional Services”) if requested by Client and confirmed in writing by Gensler.
Additional Services include, but are not limited to:
a.
Services required due to accelerated deadlines, early bid packages, delays, untimely Client
information, approvals, or instructions, out-of-sequence phasing, Project pauses or
remobilization, or other schedule changes due to reasons beyond Gensler’s reasonable control;
b.
Services required due to changes in: (i) the Program; (ii) previously provided Client information,
approvals, or instructions; or (iii) federal, state, or local laws, or regulations after permit set is
submitted (or their interpretation by the authority having jurisdiction);
c.
Services pertaining to areas beyond Client’s master planning area or otherwise beyond the
Basic Services defined above, including services pertaining to: (i) signage and wayfinding (other
than code-required signage), or furniture; (ii) loading docks; (iii) art programs, promotional
material, move or staging coordination, or survey/inventory of pre-existing furniture; and (iv)
materials palettes, furniture mock-ups and finish boards.
d.
Value engineering services required due to (i) absence of Project Budget at the commencement
of Services; (ii) Project Budget changes after the Programming phase; (iii) new value engineering
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instructions after commencement of the Construction Documents phase; or (iv) inaccurate cost
estimates or cost escalations due to market conditions (including but not limited to supply chain
issues, tariffs, duties, import fees, labor shortages, or other factors);
e.
Changes to Construction Documents based on alternative, fast track, separate, or sequential
bids, phasing, and swing space;
f.
Evaluating substitutions proposed by Client or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom;
g.
Services required due to performance failures by Client and Client’s consultants/contractors;
h. LEED document and certification;
i.
Professional photo realistic renderings;
j.
Consulting services, including: Acoustical, Survey, Traffic and Graphics/Signage (beyond code
required signage); and
k.
Special inspections involving Gensler and the consultant team during Construction.
C. SERVICES AND INFORMATION PROVIDED BY CLIENT
C.1 Services Provided By Client or Others. The following services may be required on the Project and will
be provided by Client, Client’s consultants or contractors, or others:
a.
Consulting services, including: geotechnical and hazardous materials testing or abatement;
b. Design-build or Design Assist services.
C.2 Information Provided By Client or Others. The following information may be required on the
Project and will be provided by Client, Client’s consultants or contractors, or others:
a.
Legal description of the property; the name/address of the property owner; and the
name/address of any construction lender(s);
b.
Existing or Base Building information, including drawings, specifications, and other documents
that describe the existing utility services, site conditions, build out and base building
construction, and any systems with which the Project is to be coordinated;
c.
Structural, mechanical, chemical, air, and water pollution and hazardous materials tests, and
other laboratory and environmental tests, inspections, and reports required by law or by
authorities having jurisdiction over the Project, or reasonably requested by Gensler.
D. COMPENSATION
Compensation to Gensler for Basic Services, Additional Services, and Reimbursable Expenses will be as
described below. When Gensler’s compensation is based on hourly rates, the rates will be those set forth
in Gensler’s Standard Hourly Billing Rates.
D.1 Basic Services. Compensation for Basic Services will be based on Gensler’s Standard Hourly Billing
Rates, with an estimated maximum sum of Two million, six hundred one thousand, one hundred
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nineteen dollars ($2,601,119), subject to adjustment of the estimate by mutual agreement between
Gensler and Client.
Basic Services for Phase One and Two (Design – non-Allowance) = $1,703,200.
Sum of all Allowances = $697,199
Administrative fee for Hourly NTE delivery = $120,020 (5% of Full Phase One and Two).
Expenses (Design Only) = $80,700 (Allowance, NTE).
Allowance for Field Civil for Scoreboard Scope from SD-CD = $66,110.
D.2 Additional Services. Compensation for Additional Services (if not agreed upon as a lump sum amount)
will be based on Gensler’s Standard Hourly Billing Rates.
D.3 Reimbursable Expenses. Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by Gensler and Gensler’s consultants in the interest of
the Project, including, but not limited to the following:
a.
Reproduction, shipping, handling, and delivery.
b.
Travel expenses require Client approval prior.
c.
Local mileage not included.
d.
Renderings, models, mock-ups, and photography.
e.
Sales taxes and other transactional taxes, and fees paid for securing approval of authorities
having jurisdiction over the Project.
f.
Authorized out-of-town travel, including travel time and reasonable living expenses.
g.
Additional insurance coverage or limits requested by Client in excess of that normally provided
by Gensler and Gensler’s consultants.
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Compensation for Reimbursable Expenses incurred by Gensler in connection with the Project, including
without limitation, reproduction costs for providing copies of the deliverables described in Section B.1,
will be based on amounts invoiced to Gensler, plus zero (0%).
D.4 Consultants. If Client has directed Gensler to engage consultants in Section B.1, compensation for
such consultants will be based on amounts invoiced to Gensler, plus ten percent (10%), to compensate
Gensler for costs commonly incurred relating to consultant liability, gross tax receipts, and
administration of consultants’ contracts. This compensation has been captured within the fees included
above.
D.5 Progress Payments. Progress payments will be made monthly.
D.6 Photography/Videography. At Client’s option, Client may obtain a non-exclusive license to use
Gensler-procured photography/videography of the Project for a mutually agreed upon share of
Gensler’s allocated cost of such content.
D.7 Exclusions:
•
Any additional program elements previously studied and not specifically identified in this
proposal
•
LEED, Energy Star, Well Building or other certifications
•
Energy modeling
•
Application for utility rebates
•
Variance applications
•
Coordination with utility companies
•
Detailed fire protection and fire sprinkler design
•
Fire Life Safety Report
•
Professional Renderings
•
Environmental investigations
•
Low-Voltage Design (Data drops and conduit indication will be provided)
•
Lightning Protection Design
•
Signage / Way Finding / Branding
•
Specialty Lighting
•
Cost of permits or municipal fees
•
Special Inspections (this can be incorporated for an additional fee)
•
BIM Maintenance (this can be incorporated for an additional fee)
•
Design of Emergency Generator System
•
Design of Critical Power (UPS) System
•
Design of Critical Space Fire Suppression and Control Systems
•
Control of, or responsibility for, construction means, methods, techniques, sequences, or
procedures.
•
Public safety Distributed Antenna Systems (DAS) and First Responder Radio Coverage
System design services
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•
Mass notification system design services
•
Testing and balancing services for building systems
•
Commissioning services for building systems
•
Preparation of Operating and Maintenance manuals (O&Ms) and the training of personnel for
operation, maintenance, and systems start-up
E. AGREEMENT AND ACCEPTANCE
E.1 Agreement. This Agreement is comprised of and incorporates the following documents, in order of
precedence:
a.
This Letter of Agreement;
b.
Amendments and modifications signed by both parties;
c.
Consultant Proposals;
d.
The attached Standard Terms and Conditions (February 2021);
Where a portion of one document is amended by another of higher precedence, all unmodified portions
will remain in effect. The terms and conditions of this Agreement, the STC and any Work Authorization
hereunder, are integral parts of this Agreement and are fully incorporated herein by this reference. No
conflicting or supplemental pre-printed provisions on Client forms (including, without limitation, terms on
purchase orders) will be binding on the parties.
E.2 Effective Date. The effective date of this Agreement is February 6, 2027.
By Gensler
By Client
J. Kevin Heinly, AIA, LEED AP BD+C
(Printed Name of Signatory)
By
By
(Signature)
(Signature)
Co-Regional Managing Principal
(Title) (Date)
(Title) (Date)
cc: <Project File>
<Accounting File>
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
Phase II of Tempe Diablo Stadium Complex Renovation
Project No. 6309761B
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