March 10, 2026

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR

CONSTRUCTION MANAGER AT RISK

BOND PROJECT 34 - BUILD NEW FIRE STATION AT 90TH STREET AND VIA LINDA

TO REPLACE AGING FACILITY

SOLICITATION NO.: 26RFSQ062

Staff Contact:

Nate Crowell Senior Project Manager ncrowell@scottsdalez.gov

(480) 312-2367

STATEMENTS OF QUALIFICATIONS DUE:

Thursday, April 16, 2026, at 12:00 PM

SECTION I – PROJECT DESCRIPTION

The City of Scottsdale is seeking a qualified Construction Manager at Risk (CMAR) to provide preconstruction and complete construction phase services for the City of Scottsdale’s Bond Project 34 - Build new Fire Station at 90th Street and Via Linda to Replace Aging Facility. The project site is located at 9045 E Via Linda Road.

The City is seeking a licensed contractor with background and experience constructing successful fire station facilities. The CMAR shall understand the special concerns of fire station facilities and related off-site improvements.

SECTION II – BACKGROUND

The City has entered into a contract with Perlman Architects for the design of this new Fire Station facility, approximately 13,300 SF. The current fire station will be vacated and demolished at the start of construction. The new station will include crew quarters and facilities, office space, OSHA-certified decontamination area, safety gear storage, wellness-fitness area and an apparatus bay for three vehicles. Exterior improvements will include landscaping and irrigation, parking, sidewalks, mechanical equipment yard, and perimeter security fencing and gates. The selected CMAR will work with the Architect to provide design potholing (as needed), value engineering and constructability review, and construction cost estimating.

SECTION III - ABBREVIATED SCOPE OF WORK

THE CMAR’s abbreviated scope of work may include the following items:

Pre-Construction Phase Services: Pre-construction phase services may include but are not limited to the following:

Review the improvement plans as prepared by Perlman Architects to provide:

o value engineering options o assist in the development of phasing o identify long lead items for procurement o develop a construction delivery schedule to assist the City with delivering the project in a timely manner.

Coordinate with Utility Companies for on-site and off-site relocations and associated work.

Provide project planning assistance and advise City of ways to gain efficiencies in project delivery.

Provide detailed cost estimating and knowledge of marketplace conditions.

Provide recommendations for construction sequencing, phasing and scheduling that will minimize City operation.

Support the owner’s goal for quality, safety, maintainability and cost savings.

Provide the CMAR’s GMP or multiple GMPs.

Construction Phase Services: Construction elements may be delivered via one or more contracts, and the CMAR will assume the risk and be responsible for delivering the project using a Guaranteed Maximum Price (GMP). The CMAR will develop a GMP for each construction contract. The CMAR will be responsible for construction means and methods to meet the project goals. The CMAR is expected to follow a subcontractor selection plan (developed by the CMAR) that solicits bids from prequalified subcontractors to perform the work and may include:

Demolition of the existing facility.

Procurement of long lead items.

Construction of the new Fire Station Coordinate with Utility Companies and the City of Scottsdale for on-site and off-site utility relocations and associated work.

Arrange for procurement of materials and equipment.

Schedule and manage site operations.

Provide quality controls.

Bond and insure the construction.

Address all federal, state and local permitting requirements.

Deal with owner issues Maintain a safe work site for all project participants.

SECTION IV – DELIVERABLES

These abbreviated deliverables should not be construed as being final and comprehensive.

The deliverables will be based on the negotiated construction service contract with the highest-ranked firm. The selected firm(s) will be required to provide the following:

The final deliverable will be a GMP proposal, phasing plan and schedule to complete the scope of work based on final plans and agreed upon by city staff.

SECTION V - SELECTION CRITERIA

Evaluation of the submittals will be based on the following selection criteria with the relative weight of the selection criteria as follows:

Please address the following:

A. General Information (This is informational and will not be evaluated.)

1. List the name of the firm, address, contact person, phone number and email address.

2. Provide the following information:

a. List the Arizona professional and contractor licenses held by the firm/team. Provide the license number and explain if held by an individual or the firm;

b. Identify any contract or subcontract held by the firm or officers of the firm, which has been terminated within the last 5 years. Identify any claims arising from a contract, which resulted in litigation or arbitration within the last 3 years. Briefly describe the circumstances and the outcomes;

c. If selected as a finalist for this project, you will be required to provide a statement from an A- or better surety company describing the Company’s bonding capacity; and

d. Submit your firms current Construction Incident Rate and OSHA 300A Summary.

B. CMAR’s Relevant Experience and Qualifications (300 Points max.)

1. Identify at least three comparable fire station projects completed by the firm within the past ten years. Emphasize construction and CMAR services for fire station projects.

For each project identified, provide the following:

a. Description of the project.

b. Role of the firm (specify whether CMAR, Construction Manager or General

Contractor). If CMAR or General Contractor, identify the percent of work self-performed. Also specify services provided during design phase: cost estimating, construction sequencing and value engineering.

c. Project’s original contracted construction cost and final construction cost.

d. Construction dates and whether the project was completed on time.

e. Project Owner.

f. Reference information (two current names with telephone numbers per project).

C. Experience of Key Personnel to be Assigned to this Project (250 Points max.)

1. Provide an organizational chart Identifying all key personnel for the proposed project team.

For each key person identified, list their length of time with the firm and at least 2 comparable projects in which they have played a primary role. If a project selected for a key person is the same as one selected for the firm, provide just the project name and the role of the key person. Additional points will be awarded for local experience. For other projects provide the following:

a. Description of project.

b. Role of the person.

c. Project’s original contracted construction cost and final construction cost.

d. Construction dates.

e. Project owner.

f. Reference information (two current names with telephone numbers per project).

D. Project Understanding & Approach to Performing the Required Services (300 Points max.)

1. Discuss the major issues including but not limited to construction sequencing, constructability concerns and any others your team has identified on this project, and how you intend to address those issues.

2. Describe your firm’s project management approach and team organization during design and construction phase services to address major issues. Describe systems used for planning, scheduling, cost estimating and managing construction. Briefly describe the firm’s experience on quality control, dispute resolution, and safety management.

3. Describe how your firm can meet a restricted construction schedule to complete this project.

E. Subcontractor Selection Plan (50 Points max.) - Subcontractor Selection Plan (50 Points max.) - The firm must submit its Subcontractor Selection Plan, or a description of the procedures it proposes to use to implement the City's subcontractor selection plan contained in the Sample CMAR Pre-Construction Services Contract attached hereto as Exhibit C and incorporated herein by this reference. Subcontractors must be selected based on qualifications alone or a combination of qualifications and price, but not on price alone.

F. Overall Evaluation (100 Points max.) - This is to be determined by the selection panel members. No submittal response is required.

SECTION VI - SELECTION PROCESS

A selection committee will evaluate and score each SOQ according to the selection criteria set forth above to determine a shortlist of at least three (3) firms for the interview phase of the selection process. Firms on the shortlist may be invited to participate in detailed interviews;

however, the City reserves the right to select a firm based on the evaluation of the SOQ submittals alone based solely on the criteria set forth in Section V above and not proceed to interviews. If no interviews are held, the shortlist shall be considered the final list.

If the selection committee determines that interviews are warranted, an interview invitation letter will be sent to the shortlisted firms providing the selection criteria and relative weight of the selection criteria to be used to select three (3) firms for the final list and to determine their order on the final list. These selection criteria and relative weight may be different than the selection criteria and relative weight used to determine the firms to be interviewed. If the City elects to hold interviews, the selection process shall be based solely on the results of the interview process.

The City and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process, including the selection of firms to be interviewed, the selection of firms to be on the final list, in determining the order of preference of firms on the final list or for any other purpose in the selection process. In determining the firms to participate in any interviews and in determining the firms to be on the final list and their order on the final list, the selection committee shall use and shall consider only the criteria and weighting of criteria specified by the City for that purpose. No other factors or criteria may be used in the evaluation, determinations and other actions.

At the end of the selection process, the applicable selection criteria will be evaluated to determine the highest qualified firm for this request. The City shall enter into negotiations with the highest qualified firm on the final list. If the City is unsuccessful in negotiating a contract with the highest qualified firm, the City may then negotiate with the next most qualified firm on the final list, in sequence, until a contract is executed or until the City terminates the selection process.

The following tentative schedule has been prepared for this selection (all times are local):

Questions due Friday, April 3, 2026, at 12:00 PM SOQs due Thursday, April 16, 2026, at 12:00 PM Anticipated Interviews/Selection Week of April 27, 2026 Anticipated Council Award June 2026

SECTION VII - CONTRACTS AND FEES

The selected firm will negotiate with the City regarding the contract, scope of work and fees. The negotiations shall include consideration of compensation and other contract terms that the City determines to be fair and reasonable. The City shall take into account the estimated value, the scope, the complexity and the nature of the services to be rendered in making this decision.

One (1) contract may or will be awarded and one (1) firm may or will be awarded the contract.

The City may cancel a request for qualifications, reject in whole or in part any or all submittals or proposals, or determine not to enter into a contract as specified in the solicitation if the City determines, in its absolute and sole discretion, that the action is in the best interest of the City.

SECTION VIII - INDEMNIFICATION & INSURANCE REQUIREMENTS

The City of Scottsdale requires the selected Contractor to execute a City of Scottsdale CMAR Contract. The basic format of the City contract is attached to this RFQ. The City’s Indemnification and Insurance language is included in this contract. For firms submitting proposals, the City requires a statement in the submittal (include in cover letter) that the firm has read and understood all the elements laid out in the CMAR Pre-Construction Services Contract, attached as Exhibit C.

Questions regarding insurance and indemnification shall be addressed prior to submittal in writing, by e-mail, to the e-mail address listed at the end of this document. The City will require posting of Payment and Performance Bonds in conformance with the requirements of A.R.S. 34-608.

SECTION IX – PRE-SUBMITTAL MEETING

There will not be a pre-submittal meeting for this solicitation. While firms are able to view and walk the site of the Ambulance Annex, at no time will firms or their representatives be permitted to enter Fire Station 601. Fire personnel are working and are not to be disturbed.

SECTION X - SUBMITTAL REQUIREMENTS

Reply to this request with an electronic Statement of Qualifications submittal which is not more than ten (10) pages plus a one-page cover letter. Maximum document size is 10 MB.

Pages that have project photos, charts, and graphs will count toward the maximum number of pages. However, a cover letter and/or cover will not be considered part of the ten-page limitation, nor will resumes. Resumes for each key team member shall be limited to a maximum length of one page, must not include pictures or submittal information, and should be incorporated as an appendix at the end of the SOQ.

The minimum font size shall be 10-point and font used shall be Arial, Bookman, Cambria, Century or Times New Roman only, no narrow versions of these fonts are permitted. The submittal must be printable. Table of Contents or tabbed divider pages will not be counted towards the maximum number of pages.

The SOQ submittal must include:

A one-page cover letter prepared on the company's letterhead and signed by a principal of the company. Provide primary contact person and contact person’s telephone number and e-mail address. This sheet is not included in your page count.

The firm's responses to the RFQ criteria in order and titled as listed using a MAXIMUM of 10 pages, each 8½” x 11” in size.

A statement in the submittal that the firm has read and understood all the elements laid out in the Construction Manager at Risk Contract (Exhibit C). If this statement is added to the cover letter, it will not be included in your page count.

Addenda Acknowledgement, if applicable (Exhibit A).

The signed Non-Collusion Affidavit (Exhibit B).

Submittals which do not conform to the requirements will not be considered. Please be advised that failure to comply with the following criteria will be grounds for disqualification and will be strictly enforced:

Receipt of submittal past specified cut-off date and time.

Adherence to number of pages, page size, and font requirements.

Adherence to electronic file size requirements.

Addenda Acknowledgement, if applicable (Exhibit A). Failure to include or comply with all the items above.

SECTION XI - SUBMITTAL TIME AND PLACE

Submittals must be received no later than 12:00 PM, local time, Thursday, April 16, 2026. The City reserves the right to cancel or modify this Request for Statements of Qualifications at any time.

The electronic submittal shall be submitted in PDF format through the Bonfire (Euna) system:

https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities

The subject line of the email MUST READ: Your Company Name_ 26RFSQ062_ Bond Project 34-Build a New Fire Station at 90th Street and Via Linda to Replace Aging Facility. Please upload your submission as a single adobe PDF file. An email confirming your submission will serve as a receipt.

SECTION XII - GENERAL INFORMATION

City Website: This Request for Qualifications will be posted on the City’s website. The address is: https://scottsdaleaz.bonfirehub.com/portal/?tab=openOpportunities.

Instructions: The City of Scottsdale will not be held responsible for any oral instructions. Any changes to this Request for Statements of Qualifications will be in the form of an addendum, which will be furnished to all registered Request for Statements of Qualifications holders and/or posted on the City’s website. A statement of receipt of all addenda must be included in the submittal (see Exhibit A).

City Rights: The City of Scottsdale reserves the right to reject any oral Statements of Qualifications, to waive any informality or irregularity in any Statements of Qualifications received, and to be the sole judge of the merits of the respective Statements of Qualifications received.

Release of Project Information: The City of Scottsdale shall coordinate the release of all public information concerning the project, including selection announcements and contract awards.

Firms desiring to release information to the public must receive prior written approval from the City.

Contact with City Employees: All firms interested in this project (including the firm’s employees, representatives, agents, lobbyists, attorneys, and sub-consultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the evaluation panel, the City Manager, Executive Directors, Department Heads, and other staff. This policy is intended to create a level playing field for all potential firms;

assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process should be addressed to the authorized representative identified below.

Protests: Protests of this solicitation or selection process will be subject to the provisions of Scottsdale Revised Code §2-213, et. seq., as amended.

No Preferential Treatment or Discrimination: In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the City will not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin.

Lawful Presence in the United States for Persons: A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a contract and apply for public benefit must demonstrate through a signed affidavit and the presentation of a copy of documentation that verifies that they are lawfully present in the United States.

A PERSON is defined as all NATURAL PERSONS / INDIVIDUALS / SOLE PROPRIETORSHIPS as indicated by your W9 Filing. (This law does not apply to LLP’s, LLC’s, PLLC’s, Corporations Limited Partnerships or General Partnerships).

By submitting your quote, bid, proposal and/or indicating your desire to enter in a contract with the City you are agreeing that if you are selected as the awardee and meet the criteria of a PERSON you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of your documentation to verify of that statement. Types of acceptable documentation copies are an Arizona Driver’s License issued after 1996, Arizona non-operating identification license, U.S. birth certificate, U.S. Passport, I-94 Form with photograph and several others that are all listed on the Affidavit form that the City will send to you for your completion before to issuing any contract.

If you have previously done business with the City and have already filed the above Affidavit with copies of an acceptable documentation please indicate when you filed the affidavit. If your approved Affidavit is already on file with the City, you have complied with this requirement.

If you fail to provide a completed Affidavit and accompanying copy of your acceptable documentation, or if you do not advise the City of your previous filing within 10 calendar days after receiving the City’s request you may be considered nonresponsive and disqualified from that award consideration. You can obtain the complete Affidavit form from the City’s Purchasing Department at (480) 312-5700 or the City’s website at:

http://www.scottsdaleaz.gov/Assets/ScottsdaleAZ/Purchasing/AffidavitHB2008.pdf

Civil Rights: The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

SECTION XIII – QUESTIONS

Questions pertaining to the consultant selection process or contract issues should be directed in writing by e-mail to:

Name, Monroe Mortara, Project Management Assistant E-mail: MMortara@scottsdaleaz.gov City of Scottsdale Transportation & Infrastructure

Questions must be received in writing by 12:00 p.m., local time, Friday, April 3, 2026.

Responses to questions will be posted to the City’s website by close of business, Tuesday, April 7, 2026, by addendum.

Verbal inquiries, in person or by telephone, will not be answered.

Attachments:

Exhibit A – Acknowledgement of Addendum Exhibit B – Non-Collusion Affidavit Exhibit C – Sample CMAR Pre-Construction Services Contract Exhibit D - Conceptual Site Plan and Floor Plan

Exhibit A

ACKNOWLEDGEMENT OF ADDENDA

The company shall acknowledge all addenda in writing, by writing the addendum number(s) and dates below.

ADDENDUM NO. DATE

Exhibit B

AFFIDAVIT REGARDING NON-COLLUSION

PROJECT NAME: CMAR BOND PROJECT 34- BUILD NEW FIRE STATION AT 90TH STREET

AND VIA LINDA TO REPLACE AGING FACILITY

State of ___________________________

County of _________________________

I, (name and title of authorized representative) says and certifies, that said Contractor/Company has not, either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its OƯer in response to this solicitation or any potential resulting Contract. This aƯidavit must be notarized for it to be acceptable.

Contractor/Company Name

Signature of Authorized Representative

Printed Name and Title of Authorized Representative

The foregoing instrument was acknowledged before me this________day of ____________ 20___.

Notary Public My Commission Expires

Notary Stamp

Exhibit C

CITY OF SCOTTSDALE

PRECONSTRUCTION SERVICES CONTRACT

PROJECT NO. ________ / SOLICITATION NO.________

CONTRACT NO. 20XX-XXX-COS

Contract No. 20XX-XXX-COS

PROJECT NAME: ___________________

PROJECT NO: __________________

11565416V6 CMAR Des (Rev. 3.9.2026) Page i

TABLE OF CONTENTS

RECITALS

ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES

ARTICLE 2 - PERIOD OF SERVICES

ARTICLE 3 - CONTRACT AMOUNT AND PAYMENTS

ARTICLE 4 - CITY'S RESPONSIBILITIES

ARTICLE 5 - CONTRACT CONDITIONS

ARTICLE 6 - INSURANCE

ARTICLE 7 - FEDERAL AND STATE LAW

ARTICLE 8 - TERMS AND DEFINITIONS

EXHIBIT A - SCOPE OF WORK

EXHIBIT B - HOURLY RATE SCHEDULE

EXHIBIT C - SUBMITTAL REQUIREMENTS FOR THE GMP

PROJECT NAME: _________

PROJECT NO: _____

11565416V6 CMAR Des (Rev. 3.9.2026)

CITY OF SCOTTSDALE

PRECONSTRUCTION SERVICES CONTRACT

PROJECT NO. ________ / SOLICITATION NO.________

CONTRACT NO. 20XX-XXX-COS

THIS CONTRACT, entered into this ____ day of ________, 20__, by the City of Scottsdale, an Arizona municipal corporation, (the “City”) and _____________________, _____________________ (the "Construction Manager at Risk" or “CMAR”).

RECITALS

A. The Mayor of the City of Scottsdale, Arizona, is authorized by provisions of the City Charter to execute Contracts for professional services and construction services.

B. The City intends to construct the _______________ Project, as described in Exhibit A attached, and referred to in this Contract as the “Project,” located at _____________________________________________________, Scottsdale, Arizona.

C. To undertake the design of the Project, the City has entered into a Contract with

_______________________________, who is referred to as the “Design Professional.”

D. The City desires to enter into this Contract with the CMAR for preconstruction phase services and CMAR represents that it is qualified and able to provide the required services identified in this Contract. Upon completion of the preconstruction phase services, at the City’s discretion, the City may enter into a separate construction contract with the CMAR for construction phase services.

CONTRACT

FOR AND IN CONSIDERATION of the parties’ mutual covenants and conditions, it is agreed between the City and the CMAR as follows:

ARTICLE 1 - BASIC PRECONSTRUCTION PHASE SERVICES

1.0 GENERAL

A. The CMAR, to further the interests of the City, will perform the services required by, and in accordance with this Contract, to the satisfaction of the Contract Administrator, exercising the degree of care, skill and judgment a professional construction manager performing similar services in Scottsdale, Arizona would exercise at that time, under similar conditions. The CMAR will, at all times, perform the required services consistent with sound and generally accepted construction management and contracting practice and principles. The services being provided under this Contract will not alter any real property owned by the City.

B. Initial Program Evaluation. The CMAR will provide an initial written evaluation of the

City’s Project with recommendations as to the requirements of the Project and the Project’s budget. The City and the CMAR will identify an acceptable time frame by which the CMAR will provide initial program evaluation.

PROJECT NAME: ______________

PROJECT NO. ___________

11565416V6 CMAR Des (Rev. 3.9.2026)

C. Project Meetings. The CMAR will attend Project Team meetings which may include, but are not limited to, monthly Project management meetings, Project workshops, special Project meetings, and Construction Documents rolling reviews.

D. The CMAR will review and comment on the Design Professional’s design phase services, in a proactive manner and consistent with the intent of the Scope of Work and the most current Drawings and Specifications. The CMAR will promptly notify the City in writing whenever the CMAR discovers errors in any Drawings or Specifications or changes in the Scope of Work requiring an adjustment in the cost estimate, Project Schedule, Guaranteed Maximum Price (GMP) Proposals or in the Contract Time for the Work, to the extent they are established.

E. The CMAR, when requested by the City with reasonable notice, will attend, make presentations and participate as may be appropriate, in public or community meetings related to the Project. The CMAR will provide drawings, schedule diagrams, budget charts and other materials describing the Project, when their use is required or appropriate in any public agency meetings.

1.1 CONSTRUCTION MANAGEMENT PLAN

A. The CMAR will prepare a Construction Management Plan, which includes but is not limited to the CMAR’s professional opinions concerning: (1) Project milestone dates and the Project Schedule, including the broad sequencing of the design and construction of the Project, (2) plans for investigations, if any, to be undertaken to ascertain subsurface conditions and physical conditions of existing physical surface and subsurface facilities and underground utilities, (3) alternate strategies for fast-tracking or phasing the construction, (4) the number of separate subcontracts to be awarded to Subcontractors and Suppliers for the Project construction, (5) any Intergovernmental Contracts (IGA’s), (6) permitting strategy,

(7) safety and training programs, (8) construction quality control, (9) a commissioning program, (10) the cost estimate and basis of the model, (11) a matrix summarizing each Project Team member’s responsibilities and roles, and

(12) goal compliance strategy.

B. The CMAR will add detail to its previous version of the Construction Management

Plan to keep it current throughout the preconstruction phase, so that the Construction Management Plan is ready for implementation at the start of the construction phase. The update/revisions may take into account (a) revisions in Drawings and Specifications; (b) the results of any additional investigatory reports of subsurface conditions, drawings of physical conditions of existing surface and subsurface facilities and documents depicting underground utilities placement and physical condition, whether obtained by the City, Design Professional or the CMAR, (c) unresolved permitting issues, and significant issues, if any, pertaining to the acquisition of land and right of way, (d) the fast-tracking, if any, of the construction, or other chosen construction delivery methods, (e) the requisite number of separate bidding documents to be advertised, (f) the status of the procurement of long-lead time equipment (if any) or materials, and (g) funding issues identified by the City.

11565416V6 CMAR Des (Rev. 3.9.2026)

1.2 PROJECT SCHEDULE

A. The fundamental purpose of the “Project Schedule” is to identify, coordinate and record the tasks and activities to be performed by all of the Project Team members and then for the Project Team to utilize that Deliverable as a basis for managing and monitoring all member’s compliance with the schedule requirements of the Project. Each Project Team member is responsible for its compliance with the Project Schedule requirements. The CMAR will, however, develop and maintain the Project Schedule on behalf of and to be used by the Project Team based on input from the other Project Team members. The Project Schedule is subject to City approval. The Project Schedule will be consistent with the most recent revised/updated Critical Path Method. The Project Schedule will use the Critical Path Method technique, unless required otherwise in writing by the City. The CMAR will use scheduling software to develop the Project Schedule that is acceptable to the City. The Project Schedule will be presented in graphical and tabular reports as agreed upon by the Project Team. If Project Phasing as described below is required, the Project Schedule will indicate milestone dates for the phases once determined. The Project Schedule’s activities will directly correlate with the Schedule of Values specified in Article 1.4(A).

B. The CMAR will include and integrate in the Project Schedule the services and activities required of the City, the Design Professional and the CMAR including all construction phase activities based on the input received from the City and the Design Professional. The Project Schedule will detail activities to the extent required to show: (1) the coordination between conceptual design and various design phase documents, (2) separate long-lead procurements, if any, (3) permitting issues, (4) land and right-of-way acquisition, if any, (5) bid packaging strategy and awards to Subcontractors and Suppliers, (6) major stages of construction, (7) start-up and commissioning, and (8) City’s acceptance of the completed Work. The Project Schedule will include, by example and not limitation, proposed activity sequences and durations for procurement, construction and testing activities, milestone dates for actions and decisions by the Project Team, preparation and processing of Shop Drawings and Samples, delivery of materials or equipment requiring long-lead time procurement (if any), milestone dates for various construction phases, total float for all activities, relationships between the activities, the City’s occupancy requirements showing portions of the Project having occupancy priority, and proposed dates for Substantial Completion and when the Work would be ready for final acceptance.

C. The Project Schedule will be updated and maintained by the CMAR throughout this Contract to assure that the schedule will not require major changes at the start of the construction phase to incorporate the CMAR’s plan for the performance of the construction phase Work. The CMAR will provide updates or revisions to the Project Schedule for use by the Project Team, whenever required, but no less often than at the monthly Project Team meetings. The CMAR will include with these submittals a narrative describing its analysis of the progress achieved to-date vs.

that planned, any concerns regarding delays or potential delays, and any recommendations regarding mitigating actions.

11565416V6 CMAR Des (Rev. 3.9.2026)

D. Project Phasing (Optional). At the City’s direction the CMAR will review the design and make recommendations for phased construction. If phased construction is considered appropriate and the City and Design Professional approve, the CMAR will review the design and make recommendations regarding the phased issuance of Construction Documents to facilitate phased construction of the Work. The CMAR will take into consideration factors such as natural and practical lines of work severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, labor and materials availability, and any other pertinent factors.

1.3 GENERAL DESIGN DOCUMENT REVIEWS

A. The CMAR will evaluate periodically the availability of labor, materials/equipment, building systems, cost-sensitive aspects of the design, and other factors that may impact the cost estimate, GMP Proposals or the Project Schedule.

B. The CMAR will recommend, with City approval, those additional surface and subsurface investigations that, in its professional opinion, are required to provide the necessary information for the CMAR to construct the Project.

C. The CMAR will meet with the Project Team as required to review designs during their development. The CMAR will familiarize itself with the evolving documents through the preconstruction phase. The CMAR will proactively advise the Project Team and make recommendations on factors related to construction costs and concerns pertaining to the feasibility and practicality of any proposed means and methods, selected materials, equipment and building systems and labor and material availability. The CMAR will also advise the Project Team on errors and omissions it has discovered in Drawings and Specifications related to proposed Site improvements, excavation and the foundation as well as other errors and omissions the CMAR has identified with respect to coordination of the Drawings and Specifications. The CMAR will recommend cost-effective alternatives.

D. The CMAR will routinely conduct constructability and bidability reviews of the

Drawings and Specifications as necessary to satisfy the needs of the Project Team. The reviews will identify discrepancies and inconsistencies in the Construction Documents especially those related to clarity, consistency, and coordination of the Work of Subcontractors and Suppliers as follows:

1. Constructability Reviews. The CMAR will evaluate whether: (a) the

Drawings and Specifications are configured to enable efficient construction, (b) design elements are standardized, (c) construction efficiency is properly considered in the Drawings and Specifications, (d) module/preassembly design are prepared to facilitate fabrication, transport and installation, (e) the design promotes accessibility of personnel, material and equipment and facilitates construction under adverse weather conditions, (f) sequences of Work required by or inferable from the Drawings and Specifications are practicable, and (g) the design has taken into consideration, efficiency issues concerning: access and entrance to the Site, lay down and storage of materials, staging of Site facilities, construction parking, and other similar pertinent issues.

2. Bidability Reviews. The CMAR will check cross-references and complementary Drawings and sections within the Specifications, and in general evaluate whether (a) the Drawings and Specifications are sufficiently clear and detailed to minimize ambiguity and to reduce scope interpretation discrepancies, (b) named materials and equipment are commercially available and are performing well or otherwise, in similar installations, (c) specifications include alternatives in the event a requirement cannot be met in the field, and (d) in its professional opinion, the Project is likely to be subject to differing Site conditions.

3. The results of the reviews will be provided to the City in formal, written reports clearly identifying all discovered discrepancies and inconsistencies in the Drawings and Specifications with notations and recommendations made on the Drawings, Specifications and other documents. If requested by the City, the CMAR will meet with the City and Design Professional to discuss any of the CMAR’s findings and review reports.

4. The CMAR’s reviews will be from a contractor's perspective, and though it will serve to reduce the number of Requests for Information (RFIs) and changes during the construction phase, responsibility for the Drawings and Specifications will remain with the Design Professional.

E. Notification of Variance or Deficiency. It is the CMAR’s responsibility to assist the

Design Professional in ascertaining that, in the CMAR’s professional opinion, the Construction Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. If the CMAR recognizes that portions of the Construction Documents are at variance with applicable laws, statutes, ordinances, building codes, rules and regulations, it will promptly notify the Design Professional and the City in writing, describing the apparent variance or deficiency. However, the Design Professional is ultimately responsible for compliance with those laws, statutes, ordinances, building codes, rules and regulations.

F. Alternate Systems Evaluations. The Project Team will routinely identify and evaluate using value engineering principles, any alternate systems, approaches, or design changes that have the potential to reduce Project costs while still delivering a quality and functional product. Throughout this Contract and upon the City’s instruction the CMAR will provide value engineering at various stages throughout the Project. The Project Team, with approval by the City, will decide which alternatives will be incorporated into the Project. The Design Professional will have full responsibility for the incorporation of the alternatives into the Drawings and Specifications. The CMAR will include the cost of the alternatives into the cost estimate and any GMP Proposals.

1.4 COST ESTIMATES

A. The CMAR will provide a Schedule of Values acceptable to the City including a detailed cost estimate and written review of the documents within fourteen (14) days after the CMAR’s receipt of the documents required for the preconstruction

11565416V6 CMAR Des (Rev. 3.9.2026) phase. The Design Professional and the CMAR will reconcile any disagreements on the estimate to arrive at an agreed cost. If no consensus is reached, the City will make the final determination.

B. If any estimate submitted to the City exceeds previously accepted estimates or the

City’s Project budget, the CMAR will make appropriate recommendations on methods and materials to the City and the Design Professional that he believes will bring the Project back into the Project budget. Major milestones on the Project include 30%, 60%, 90% submittals consistent with the City of Scottsdale’s Design Standards and Policies Manual.

C. In between these milestone estimates, the CMAR will periodically provide a tracking report, which identifies the upward or downward movements of costs due to value engineering or scope changes. It will be the responsibility of the CMAR to keep the City and the Design Professional informed as to the major trend changes in costs relative to the City’s budget.

D. If requested by the City, the CMAR will prepare a preliminary “cash flow” projection based upon historical records of similar type projects to assist the City in the financing process.

1.5 GUARANTEED MAXIMUM PRICE (GMP)

A. At the end of the preconstruction phase or at a time determined by the City with reasonable notice, the City will request the CMAR to provide a GMP, or series of GMP’s if the CMAR determines phased construction would be in the City’s best interest. The approved form of GMP(s) is stated in Exhibit C, attached and by reference made a part of this Contract.

1. The CMAR guarantees to bring the completion of the construction of the

Project within the GMP or the CMAR alone will be required to pay the difference between the actual cost and the GMP.

2. Buy-out savings are any savings of the CMAR’s GMP at the conclusion of the selection of Subcontractors. Buy-out savings may be used during construction by the City as a City Project Contingency. Unused savings will be returned to the City.

3. Any savings realized during construction may be incorporated into the construction of the Project to fund additional scope items. Unused savings will be returned to the City.

B. The Cost of the Work (Direct Costs), plus the CMAR Indirect Costs, plus taxes, plus the City’s Project Contingency equals the Total GMP. The GMP is composed of the following actual costs, not-to-exceed cost reimbursable, fixed fee or lump sum amounts defined below:

1. The Cost of the Work (Direct Costs) is a negotiated cost and is a not-to-exceed amount defined by the individual work items and their associated negotiated unit prices as a part of the hard construction work as defined in

11565416V6 CMAR Des (Rev. 3.9.2026)

Article 8. It includes direct labor costs, subcontract costs, costs of materials and equipment incorporated in the completed construction, costs of other materials and equipment, materials testing, and warranty of the work together with self-performed work that the CMAR established in the Sub- Contractor Selection Plan. The Cost of Work does not include the CMAR’s Indirect Costs.

2. The CMAR’s Indirect Costs include the General Conditions, Payment and

Performance Bonds, Insurance, the CMAR Construction Fee and Taxes.

a. The General Conditions Costs are a negotiated amount of project supervision and other indirect costs according to construction terms as defined in Article 8. These costs are not reflected in other GMP items. Costs may include, but are not limited to, the following:

Project Manager, Superintendent, Full-time General Foremen, workers not included as direct labor costs engaged in support (e.g.

loading/unloading, clean-up, etc.) and administrative office personnel. Other costs may include: temporary office, building permit and licensing fees, fencing and other facilities, office supplies, office equipment, minor expenses, utilities, vehicles, fuel, sanitary facilities, and telephone services at the site.

b. Payment Bonds, Performance Bonds and Insurance are actual costs applied to Cost of Work and General Conditions Costs as detailed in the GMP Proposal.

c. The CMAR Construction Fee is a negotiated fixed fee that is proposed by the CMAR for the project as defined in Article 8. It is for management and related services of the CMAR Project.

d. Taxes include all sales, use, consumer, and other taxes which are legally enacted when negotiations of the GMP were concluded, whether or not yet effective or merely scheduled to go into effect.

Taxes are actual costs and are a not-to-exceed reimbursable amount.

The successful CMAR must secure and maintain, during the life of the Contract, a combined State of Arizona and City of Scottsdale Transaction Privilege (sales) Tax Licenses.

For information on how to obtain a combined State of Arizona and City of Scottsdale Privilege (Sales) Tax License, please go to the following websites: https://azdor.gov/transaction-privilege-tax/tpt-license/applying-tpt-license

3. The City’s Project Contingency is defined in Article 8. It is to be used at the sole discretion of the City to cover any increases in Project costs that result from City directed changes or unforeseen Site conditions. The City’s Project Contingency will be added to the GMP amount provided by the CMAR, the sum of which will be the full contract price for construction.

11565416V6 CMAR Des (Rev. 3.9.2026)

Taxes will be applied by the CMAR at the time of the City’s Project Contingency is an additional negotiated Construction Fee.

C. The GMP is cumulative. The amount of any GMP amendment will be negotiated separately and will reflect the CMAR’s risk from that point forward in the Project.

1.6 GUARANTEED MAXIMUM PRICE (GMP) PROPOSALS

A. The CMAR will present the GMP Proposal(s) for the entire Work (or portions of the Work) in a format acceptable to the City as set forth in Exhibit C, attached, and by reference made a part of this Contract. The City may request a GMP Proposal for any portion of the Project at any time with reasonable notice during the preconstruction phase. Any GMP Proposals submitted by the CMAR will be based on and be consistent with the current updated/revised cost estimate at the time of the request, the associated estimates for construction costs, and will include any clarifications or assumptions upon which the GMP Proposal(s) are based.

B. GMP Proposals for the entire Project will be the sum of the maximum Cost of the

Work, and also include the CMAR’s Construction Fee, General Conditions Costs, Taxes, Insurance, Bonds, CMAR Indirect Costs, and City’s Project Contingency.

C. The CMAR, in preparing any GMP Proposal, will obtain from the Design

Professional, six (6) sets of signed, sealed, and dated plans and specifications (including all Addenda). The CMAR will prepare its GMP in accordance with the City’s request for GMP Proposal requirements based on the most current completed plans and specifications at that time. The CMAR will mark the face of each document of each set of plans and specifications upon which its proposed GMP is based. The CMAR will send one set of those documents to the City’s Contract Administrator, keep one set, and return the third set to the Design Professional.

D. The CMAR will include an updated/revised Project Schedule with any GMP

Proposal(s) that reflects the Scope of Work shown in the current set of design documents upon which the GMP Proposal(s) is based. Any Project Schedule updates/revisions will continue to comply with the requirements of Article1.2.

E. If the Construction Services Contract is negotiated as a not-to-exceed amount, all

GMP savings resulting from a lower actual Project cost than anticipated by the CMAR will revert to the City.

1.7 GUARANTEED MAXIMUM PRICE (GMP) REVIEW AND APPROVAL

A. The CMAR will meet with the City and the Design Professional to review any GMP Proposal(s) and review the written statement of its basis. In the event the City or Design Professional discovers inconsistencies or inaccuracies in the information presented, the CMAR will make adjustments as necessary to the GMP Proposal, its basis, or both.

B. Upon receipt of any GMP Proposal from the CMAR, the City may submit the same documents that were used by the CMAR in developing its GMP to an independent

11565416V6 CMAR Des (Rev. 3.9.2026) third party or to the Design Professional for review and verification. The third party or Design Professional will develop an independent estimate of the Cost of the Work and review the Project Schedule for the associated scope of the GMP Proposals. If the CMAR’s GMP Proposal is greater than that of the independent third party or Design Professional’s estimate, the City may require the CMAR to reconfirm its GMP Proposal. The CMAR will accept the independent third party’s or Design Professional’s estimate for the Cost of Work as part of its GMP Proposal or present a report identifying, explaining and substantiating the differences within seven (7) days of the City’s request.

C. If design changes are required during the review and negotiation of GMP

Proposals, the City will authorize and cause the Design Professional to revise the Construction Documents to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the final approved GMP Proposal.

These revised Construction Documents will be furnished to the CMAR. The CMAR will promptly notify the Design Professional and the City in writing if any revised Construction Documents are inconsistent with the agreed-upon assumptions and clarifications.

D. The CMAR guarantees to complete the Project at a contract price that will not exceed the final approved GMP Proposal amount. The CMAR assumes the responsibility for paying any difference between the proposed and actual Cost of the Work.

E. The CMAR may then be requested to, or at its own discretion, submit a revised

GMP Proposal for consideration by the City. At that time the City may do one of the following, in its sole discretion:

1. Accept the CMAR original or revised GMP Proposal, if within the City’s budget, without comment.

2. Accept the CMAR original or revised GMP Proposal that exceeds the City’s budget, and indicate in writing to the CMAR that the Project Budget has been increased to fund the differences.

3. Reject the CMAR’s original or revised GMP Proposal in which event, the

City may terminate this Contract and elect to not enter into a separate Contract with the CMAR for the construction phase associated with the Scope of Work reflected in the GMP Proposal.

1.8 SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS

A. The CMAR will select major Subcontractors and major Suppliers, subject to first obtaining the City’s approval. This may occur before or after submission of a GMP Proposal. Major Subcontractors may be selected based on qualifications or a combination of qualifications and price. Subcontractors must not be selected based on price alone.