1-RFQ No. 32700005 - CMAR North Library.pdf

CITY OF BUCKEYE

REQUEST FOR QUALIFICATIONS (RFQ)

RFQ NO. 32700005

CONSTRUCTION MANAGER AT RISK (CMAR)

NORTH LIBRARY AND COMMUNITY CENTER

IN BUCKEYE, AZ

CONTACT PERSON

Travis M. Stewart, Sr. Contracts Administrator tstewart@buckeyeaz.gov

Date Issued: September 3, 2026 Pre-submittal Meeting September 15, 2026, at 2:00 PM local time Deadline for Questions September 30, 2026, at 3:00 PM local time Submittal Due Date October 6, 2026, at 3:00 PM local time

PLEASE NOTE: IF DOCUMENTS WERE DOWNLOADED FROM THE CITY OF BUCKEYE’S PROCUREMENT

PORTAL WEBSITE, CONTRACTORS ARE RESPONSIBLE FOR OBTAINING ANY ADDENDA EITHER THROUGH

UPDATES ON THE WEBSITE OR BY CONTACTING THE CITY’S CONTACT PERSON LISTED ABOVE.

BUCKEYE,AZ

Construction Manager at Risk (CMAR) North Library and Community Center RFQ No. 32700005 mailto:tstewart@buckeyeaz.gov

TABLE OF CONTENTS

SECTION 1 – INTRODUCTION……………………………………………………………………………………………… 3

SECTION 2 – PROJECT DESCRIPTION………………………………………………….…………………….……….…3

SECTION 3 – ABBREVIATED SCOPE OF WORK……………………………………………….……………………..3

SECTION 4 – PRE-SUBMITTAL CONFERENCE……………………………………………….……………………….4

SECTION 5 – SUBMITTAL REQUIREMENTS…………………………………………………………….…………….4

SECTION 6 – FORMAT AND CONTENTS OF SUBMITTAL……………………………………………………….6

SECTION 7 – SELECTION PROCESS……………………………………………………………………………………….8

SECTION 8 – GENERAL INFORMATION………………………………………………..……………………..….……8

ATTACHMENT 1 – SOQ Submittal Form………………………….…………………………………………….…..10

ATTACHMENT 2 – DRAFT CONSTRUCTION MANAGER AT RISK

CONTRACT……………………………………………………………………………………………………………..…….…..12

ATTACHMENT 3 – CHURCH AT SUN VALLEY – IMPROVEMENT PLAN………………………………..115

Construction Manager at Risk (CMAR) North Library and Community Center RFQ No. 32700005

SECTION 1 - INTRODUCTION

The following is a general summary of the project and is not intended to be a comprehensive scope of work. The most qualified Construction Manager at Risk (CMAR) team that can demonstrate experience in all the following areas will be selected to prepare a more comprehensive and complete scope of work as an exhibit and portion of their Construction Manager at Risk contract.

SECTION 2 – PROJECT SUMMARY/PRELIMINARY SCOPE OF WORK

The Construction Manager at Risk (CMAR) will provide preconstruction and construction services for the North Library and Community Center project. The contractor will furnish all labor, materials, equipment and services to complete the work.

The library and community center will be located in Sun City Festival in Buckeye’s northern planning area.

The library will be located on approximately 2.5 acres of an 8-acre site of land owned by the Church at Sun Valley at the southeast corner of Beardsley Parkway and Canyon Springs Boulevard. The library will be an approximately 10,000 square foot facility with an additional 3,000 square foot area for a recreation/community center for a total of 13,000 square feet. The branch library and community center in Sun City Festival will be the City’s third library and fourth community center. This combined library and community center will provide vital library services and recreation programming in this fast growing area in Buckeye’s northern planning area.

SECTION 3 – ABBREVIATED SCOPE OF WORK

The City intends to procure a CMAR to construct the North Library and Community Center described in Section 2. This project will be constructed pursuant to A.R.S. 34-601 et seq. The City may, at its discretion, reduce or add to this scope based on forecasted funding availability and/or other phasing requirements identified throughout the design process. After being selected, the CMAR will execute a contract with the City to provide pre-construction services during the design phase of the project as follows:

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

• CMAR will be an integral member of the Project Design Team and will participate in the Project Review and consult with City staff and the others on the Project Design Team during project development;

• CMAR will provide cost estimating, value analysis services, value engineering and offer cost savings suggestions and best value recommendations;

• CMAR will provide project planning assistance and advise the City of ways to gain efficiencies in project delivery;

• CMAR will provide project planning, phasing recommendations and scheduling;

• CMAR will provide constructability reviews;

• CMAR will assist in the coordination of Contract Documents;

• CMAR will provide a detailed cost estimate for the design phase;

• CMAR will provide the CMAR’s Guaranteed Maximum Price (GMP) and/or multiple GMPs;

• CMAR will assist with ordering for long lead-time materials;

• CMAR will support the owner’s goal for quality, safety, maintainability and cost savings.

Construction Manager at Risk (CMAR) North Library and Community Center

The CMAR will act as the City’s fiduciary and have a relationship of trust and confidence between itself and the City. For that reason, the Project will be an “open book” job whereby the City will attend any and all meetings of the CMAR relating to the Project and have access to any and all books and records of the CMAR relating to the Project. After CMAR has submitted Construction GMP(s) acceptable to the City, the CMAR and the City intend to execute a second contract for complete construction services for the construction of the project or certain phases of the project. The CMAR will assume the risk of delivering the project phases through a guaranteed maximum price contract. The CMAR will be responsible for construction means and methods.

Construction Phase Service: 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 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 pre-qualified subcontractors to perform work. The CMAR will provide direct public outreach during the construction phase.

SECTION 4 - PRE-SUBMITTAL MEETING

A pre-submittal meeting will be held on September 15, 2026, at 2:00 PM – 2:30 PM via Microsoft Teams.

Microsoft Teams Link: Meeting Link

Attendance is not required, but it is highly encouraged as this will be an opportunity to ask questions related to the solicitation and the project. An amendment to the RFQ, if needed, will be issued after the meeting to address questions received during the meeting. Additional questions can be submitted via the solicitation page in the City’s Procurement Portal up to the deadline for questions. Amendments will be issued as needed to address questions received and to provide additional information regarding the solicitation.

SECTION 5 – SUBMITTAL REQUIREMENTS

Contractors interested in this project should submit a Statement of Qualifications electronically by October 6, 2026, at 3:00 PM local time through the City of Buckeye’s Procurement Portal website:

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

The Statement of Qualifications should be in a searchable “PDF” file format. No hard copy will be required.

Submittals not received in the City’s Procurement Portal website by the specified time will be disqualified.

The website will not allow uploads beyond the deadline for submittals, and the City will not accept submittals after the deadline. Contractors can contact the point of contact for the solicitation to verify your submittal has been received.

Construction Manager at Risk (CMAR) North Library and Community Center RFQ No. 32700005 https://teams.microsoft.com/meet/237490992195520?p=IelRVTJfUnoW4EOgW0 https://buckeyeaz.bonfirehub.com/portal/?tab=openOpportunities

A contractor will be selected through a qualifications-based selection process based on the criteria in Section 6.

Submittal:

• Submittal Cover Page (one (1) page),

• Submittal Table of Contents (one (1) page),

• Submittal Cover Letter (two (2) pages),

• Section A: Project experience and qualifications of the contractor (Limit two (2) page maximum for short narrative and one (1) page per project, maximum of six (6) projects/six (6) page maximum),

• Section B: Experience of key personnel to be assigned to this project plus organizational chart (Limit two (2) page maximum for experience of key personnel-short narrative with two (2) page maximum for organizational chart, and one (1) page limit per resume included for each person identified as key personnel. Organizational Chart can be 11” x 17” sized page),

• Section C: Understanding of the project and approach to performing the required services. (Seven

(7) page maximum for understanding of the project and approach to performing required services, three (3) page limit for CPM Schedule),

• SOQ Submittal Form, and

• Amendment Acknowledgement Forms (Only required if Amendments were issued for RFQ) – One form per amendment.

Adherence to the maximum page criterion is critical:

• Each page side (maximum 8-1/2” x 11”) with criteria information will be counted separately,

• Do not use 11” x 14” or 11” x 17” size pages unless specifically authorized,

• Pages that have project photos, charts and/or graphs will be counted towards the required number of pages,

• Cover page, table of contents page, and divider/separator (Section) pages will not be counted against other section limitations unless they include qualification information that could be considered by the selection panel,

• Resumes should provide information for key staff (no company profiles) and should not include project pictures or general company information,

• Any additional company information or non-key staff information included in the resume section will be counted against the maximum page requirement,

• Do not submit additional information not listed herein, and

• Font size may not be less than 10 point.

Information on pages exceeding page limitations will not be considered in the evaluation process.

Please be advised that the following shall be grounds for disqualification, and will be strictly enforced:

• Receipt of submittal after the specified cut-off date and time.

The City recognizes that submittals may contain confidential or proprietary information; however, the City reserves the right to make inquiries into the information disclosed. The submission of false or misleading

Construction Manager at Risk (CMAR) North Library and Community Center information may be grounds for disqualification. Information that a company deems to be confidential or proprietary should be marked accordingly.

SECTION 6 – FORMAT AND CONTENTS OF SUBMITTAL

The selection criteria and relative weights for determining the order of contractors on the final list are as follows:

SECTION MAX

SCORE

Cover Letter 0

Project Experience and Qualifications of the Contractor 30

Experience of Key Personnel to be Assigned to this Project 30

Understanding of the Project and Approach to Performing the Required Services 40

Total Maximum Points 100

Cover Letter:

1. Provide a general description of the company that is proposing to provide construction management services and general construction services. Explain the legal organization of the proposed company or team.

2. Provide the following information:

o The contractor’s full company name, address, phone number, Unique Entity Identifier (UEI), and email addresses for your company’s contact person for the project.

o List the Arizona contractor licenses held by the company. Reference the appropriate licenses held, if needed. In order to be considered for this project, the contractor must hold the correct license as deemed appropriate by the City of Buckeye and the Arizona Registrar of Contractors prior to submitting a Statement of Qualifications (SOQ) for this project in accordance with Arizona Revised Statute §32-1151.

o Identify any contract or subcontract held by the company or officers of the company, which have been terminated within the last five years. Identify any claims arising from a contract, which resulted in litigation or arbitration within the last three years. Briefly describe the circumstances and the outcomes.

o Name, title, email, and signature of person authorized to sign the SOQ Submittal Form and contract resultant from this solicitation. SOQs signed by an agent shall be accompanied by evidence of that agent’s authority.

o 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.

SECTION A. Project experience and qualifications of the contractor. (30 points)

Demonstrate the experience of your company and/or proposed team, including key subcontractors, on projects same/similar to that described in the solicitation in a short narrative (two (2) page maximum).

Identify a maximum of six (6) relevant projects (one (1) page per project) in which the contractor served as either CMAR, agency Construction Manager during pre-construction and construction phases or General Contractor. Greater consideration will be given to contractors that have provided CMAR services on similar projects or relevant projects. Each project submitted cannot exceed one (1) one-sided page.

For each project identified, provide the following:

• Description of the project

• Role of the contractor (specify whether CMAR, Construction Manager or General Contractor. If CMAR or General Contractor, identify the percent of work self-performed.)

• Project’s original contracted construction cost and final construction cost

• Construction dates

• Project owner (full name of entity) o Provide project owner’s point of contact (POC): Name, Title, Email, Phone

SECTION B. Experience of key personnel to be assigned to this project. (30 points)

Provide a short narrative (maximum of two (2) pages) regarding key personnel, their role on this project and an organizational chart (two (2) page maximum, can be 11”x17” sized pages). You must provide resume data for the following key personnel: Pre-Construction Director, Lead Estimator, Project Manager and Project Superintendent. You may also include resumes for other personnel that you consider key.

Each resume shall be limited to no more than one page per person and shall include the following information as a minimum: (Limited to one single sided page per person/resume) a) Name and title b) Project assignment c) Name of the company with which associated with d) Years of experience with the company and with other companies e) Active professional registration, year first registered, if applicable

f) Other experience and qualifications relevant to same or similar work required under this contract g) Education: degree(s), year, specialization, if applicable

SECTION C. Understanding of the project and approach to performing the required services. (40 points)

Limit to seven-page (7) maximum for understanding of the project and approach to performing the required services. Limit to three (3) page maximum for CPM Schedule (11”x17” page format can be utilized for CPM Schedule).

1. Describe your approach to performing pre-construction services.

2. Describe your subcontractor qualification process. Describe how you will involve subcontractors in the pre-construction process and how you will obtain subcontractor bids (in accordance with A.R.S. 34-601).

3. Describe your approach to performing construction administration and management.

4. Describe your approach to controlling the project construction budget and schedule.

5. Describe your approach to performing quality assurance/quality control during construction.

6. Describe your approach to achieving project closeout (commissioning, punch-list completion, and warranty work).

Construction Manager at Risk (CMAR) North Library and Community Center

7. Describe the approach and tools used for estimating, quantity take-offs, value analysis and earthwork reconciliation necessary for mass excavation operations during preconstruction and construction.

8. Describe your Safety Program. Provide a summary description of your safety program including sample documentation/forms. Provide a summary description of your safety program implementation plan, including assigned personnel and the percentage of their time that will be allocated to this project. Provide your Experience Modification Rate (EMR) for the last five (5) years.

9. Discuss the major issues your team has identified on this project and how you intend to address those issues.

10. Present a detailed project schedule. Provide a comprehensive CPM Schedule detailing your approach to constructing this project.

SECTION 7 - SELECTION PROCESS

The successful contractor will be selected through a qualifications-based selection process. A Selection Panel will evaluate each SOQ according to the criteria set forth in Section 6 above. The City will select a contractor based on the SOQs received; formal interviews may or may not be conducted. The City may conduct a due diligence review of the contractor receiving the highest evaluation.

The City expects to create a final list of at least three, but not more than five contractors for this project.

The City will enter into negotiations with the selected contractor and execute a contract upon completion of the negotiation of fees and contract terms for City Manager and/or City Council approval.

If the City is unsuccessful in negotiating a contract with the best-qualified contractor, the City may then negotiate with the next most qualified contractor until a contract is executed, or the City may decide to terminate the selection process. Once a contract is executed with the successful contractor, the procurement is complete.

All contractors submitting SOQs for this project will be notified by the City.

SECTION 8 - GENERAL INFORMATION

City Rights. The City reserves the right to reject any or all Statements of Qualifications, to waive any informality or irregularity in any Statement 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 shall provide the release of all public information concerning this project, including selection announcements and contract award. Those desiring to release information to the public must receive prior written approval from the City.

Contact with City Employees. All contractors interested in this project (including the contractor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) 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 Council, the City Manager, Department Heads and other City staff. This policy is intended to create a level playing field for all potential contractors, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this selection process

Construction Manager at Risk (CMAR) North Library and Community Center should be addressed to the authorized representative identified below. Data Confidentiality. Except as specifically provided in the Contract, the CMAR or its subcontractors shall not divulge data to any third party without prior written consent of the City.

Legal Worker Requirements. The City is prohibited by A.R.S. § 41-4401 from awarding a contract to any CMAR who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). The CMAR and each subcontractor shall comply with all federal immigration laws and regulations related to their employees and compliance with the stated law. The City retains the legal right to inspect the papers of any CMAR or subcontractor employee who is awarded a contract to ensure that the contractor or subcontractor is complying with the law.

Lawful Presence Requirement. Pursuant to A.R.S. § 1-501 and 1-502, the City is prohibited from awarding a contract to any natural person who cannot establish that such person is lawfully present in the United States. To establish lawful presence, a person must produce qualifying identification and sign a City-provided affidavit affirming that the identification provided is genuine. This requirement will be imposed at the time of contract award. This requirement does not apply to business organizations such as corporations, partnerships or limited liability companies.

Protest Procedures. Contractors wishing to respond to disqualification or a procurement outcome may refer to The Procurement Code of the City of Buckeye, Section 24-3-17 which governs protest procedures utilized throughout the selection process.

Questions. Questions pertaining to this selection process or contract issues should be directed to Travis M. Stewart, Senior Contracts Administrator, at tstewart@buckeyeaz.gov.

RFQ No. 32700005 mailto:tstewart@buckeyeaz.gov

ATTACHMENT 1

SOQ Submittal Form

SOQ SUBMITTAL FORM

RFQ No. 32700005:

CMAR North Library and Community Center

Company Name: ___________________________________________________________

Authorized Representative:

Title:

Address:

Phone Number: Email Address:

Website Address: ________________

The undersigned Offeror’s declares to have read and fully understand the RFQ, Draft Construction Manager at Risk Contract and agrees to all the terms, conditions, and provisions contained therein; and proposes and agrees that if this SOQ is submitted and accepted, contractor will contract to perform in accordance with the Scope of Work and SOQ.

Signature of Authorized Representative: ______________________________

Printed Name of Authorized Representative: ___________________________

Date:

ATTACHMENT 2

DRAFT CONSTRUCTION MANAGER AT RISK CONTRACT

CONSTRUCTION MANAGER

AT RISK CONTRACT NO. 32700005

BETWEEN

CITY OF BUCKEYE

AND

TBD

THIS CONSTRUCTION MANAGER AT RISK AGREEMENT (this “Agreement”) is made , by and between the City of Buckeye, an Arizona municipal corporation

(“Buckeye”), and TBD, an State corporation/limited liability company (the “Construction

Manager”), for design phase review and complete construction services related to the North

Library and Community Center project, located in Buckeye, Arizona, and other items as deemed necessary by Buckeye (the “Project”). Buckeye and the Construction Manager are referred to herein individually as a “Party” and collectively as the “Parties.”

ARTICLE 1

GENERAL

1.1 Project Summary. The Construction Manager shall perform all pre-construction services set forth in Article 2 below (the “Pre-Construction Services”) and, subject to Section 1.2 below, management and construction services set forth in Article 4 below (the “Construction

Services”) (the Pre-Construction Services and the Construction Services are collectively referred to as the “Services”), including providing all material, equipment, tools, and labor necessary to complete the Work (as defined below) described herein and reasonably inferable from the Contract

Documents (as defined below), including the upgrades and improvements to be encompassed in the Project. The Construction Manager will also coordinate with and provide comments to Richärd

& Kennedy Architects, LLC (the “Project Designers”) to ensure that the Project design is constructible within the established budget.

1.2 Phased Agreement. The Services contemplated by this Agreement shall be carried out in several distinct phases. The initial Services shall be to provide Pre-Construction Services including (A) such environmental investigation services as applicable pursuant to Section 2.1 below, (B) review of the Project Designers’ Construction Documents pursuant to Section 2.2 below, and (C) the Pre-Construction Phase General Services, pursuant to Section 2.3 below (the

“Pre-Construction Phase General Services”). The Construction Manager shall be compensated on an hourly basis, at the agreed-upon hourly rates and a stipulated not-to-exceed total fee, for the

Pre-Construction Services as set forth in Section 7.1 below, provided that such services may extend through the construction phase for various components of the Project. At the point in the

Pre-Construction Services as determined by Buckeye, Buckeye may, in its sole discretion, request that the Construction Manager submit a proposal for a guaranteed maximum price (“GMP”) for construction of the Project, which may be submitted as a single GMP or as multiple GMPs at

Buckeye’s sole discretion. The Construction Manager shall prepare and submit the GMP Proposals pursuant to Article 3 below. If Buckeye and the Construction Manager agree upon the respective

GMP Proposals, the Construction Manager shall furnish, with respect to each GMP Proposal (A) such environmental investigation services as applicable pursuant to Section 2.1 below, and (B) the

Construction Services set forth in Article 4 below. If Buckeye and the Construction Manager

Construction Manager at Risk (CMAR) North Library and Community Center cannot, after good faith efforts, agree on the GMP, Buckeye may, in its sole discretion, terminate this Agreement (subject to the terms and conditions set forth in Section 12.2 below).

1.3 Definitions.

A. “Additional Services” means services not initially included as part of the

Work, but which are later identified as necessary or desirable by Buckeye, as more fully described in Section 4.17 below.

B. “Applicable Law” means any law, rule, code, regulation, requirement, action, determination, guideline, or order of, or any legal entitlement issued by, any governmental body having jurisdiction, applicable or relating to the design, permitting, construction, equipping, financing, ownership, possession, or any other transaction or matter contemplated hereby relating to the design and construction of the Project.

C. “Change Order” means a contract amendment issued after execution of this

Agreement or future GMP Amendments signed by Buckeye, Construction Manager, and other parties, as may be required or appropriate, agreeing to an addition, deletion, or revision in the scope of Work, an adjustment to the Contract Price, an adjustment to the Contract Time, or other modifications to Contract terms.

D. “Construction Documents” means the plans, Specifications, drawings, and special provisions prepared by the Project Designers after correcting for permit review requirements, and as approved by Buckeye Manager or authorized designee. The Construction

Documents, once approved by Buckeye as 100% complete, shall be attached hereto as Exhibit A and incorporated herein by reference.

E. “Construction Fee” means the portion of Construction Manager’s compensation not related to Direct Construction Costs, as set forth in Subsection 3.4 below.

F. “Contract Documents” means all of the following:

1. Change Orders and written amendments to this Agreement, including the amendments, if any, relating to the respective GMPs (the “GMP

Amendments”), signed by both Buckeye and the Construction Manager, attached hereto as

Exhibit B and incorporated herein by reference.

2. This Agreement.

3. The Construction Documents.

4. The Construction Manager’s Guaranteed Maximum Price Proposals

(the “GMP Proposals”), attached hereto as Exhibit C and incorporated herein by reference, including but not limited to:

a. The Construction Manager’s proposed scope of services and fee breakdown for each GMP Proposal (the “Scope”).

Construction Manager at Risk (CMAR) North Library and Community Center

b. The Master Schedule relating to the applicable Scope developed in accordance with Subsection 2.3(C) below and updated as set forth in this Agreement, attached hereto as Exhibit D and incorporated herein by reference.

5. Buckeye’s Request for Qualifications (the “RFQ”), a copy of which is on file with the City’s Finance Department and incorporated herein by reference.

6. The Construction Manager’s Statement of Qualifications in response to Buckeye’s RFQ (the “SOQ”), a copy of which is on file with the City’s Finance

Department and incorporated herein by reference.

In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the order in which they are listed above.

G. “Contract Price” means the total compensation to be paid to the

Construction Manager, as more fully described in Article 7 below.

H. “Contract Time” means the Days, as set forth in Article 6, indicating the period of time, including authorized adjustments, allotted in the Contract Documents to achieve

Substantial Completion of the Work.

I. “Cost Model” means the detailed cost information for the Project as described in Subsection 2.3(D) below.

J. “Cost of the Work” means the portion of Direct Construction Costs necessarily incurred by the Construction Manager in the proper performance of the Work as more specifically set forth in Section 3.3(B) below.

K. “Critical Path” means the sequence of activities from the start of the Work to Substantial Completion of the Project for which any delay in the completion of these activities will delay achieving Substantial Completion.

L. “Day(s)” means calendar day(s) unless otherwise specifically noted in the

Contract Documents.

M. “Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the Site that (1) materially differ from the conditions indicated in the

Contract Documents or (2) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized in the area of the Site as inherent in the Work.

N. “Direct Construction Costs” means General Conditions Costs and Cost of the Work as set forth in Section 3.3 below.

O. “Environmental Conditions” means collectively, Hazardous Materials and

Underground Storage Tanks.

P. “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs, and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about, or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

1. Damages for personal injury, or injury to property or to natural resources occurring upon or off the Site.

2. Fees incurred for the services of attorneys, consultants, the

Construction Manager, experts, laboratories, and all other costs incurred in connection with the investigation or remediation of such Environmental Conditions or violation of

Environmental Requirements.

3. Liability to any third party or governmental agency or political subdivision to indemnify such party, agency, or political subdivision for costs expended in connection with the items listed in Subsections 1.3(P)(1) and (2) above.

Q. “Environmental Requirements” means all Applicable Laws, statutes, regulations, rules, ordinances, common law codes, licenses, permits, orders, and similar items of all governmental agencies or other instrumentalities of the United States, the State of Arizona, Maricopa County, and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to health, safety, any Hazardous Materials, or the environment, including, without limitation, the Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.; the Comprehensive

Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.

(“CERCLA”), as amended by the Superfund Amendments and Reauthorization Act of 1986

(“SARA”); the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Federal

Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; the Arizona Environmental Quality Act (Title 49, Arizona Revised Statutes); all requirements, including but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of

Hazardous Materials into the air, surface water, ground water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of

Hazardous Materials; and any other local, state, or federal environmental statutes, and all rules, regulations, orders, and decrees now or in the future promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.

R. “Final Completion” means completion of the Project, including Punch List items, by the Construction Manager in accordance with the Contract Documents, certified to

Buckeye by the Construction Manager.

S. “Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path and extending the Substantial Completion date.

T. “General Conditions Costs” means a portion of the costs incurred by the

Construction Manager during the construction phase, as set forth in Section 3.3(A) below.

U. “Buckeye’s Contingency” means a fund used at the discretion of Buckeye, usually for costs that result from Buckeye-directed changes.

V. “Hazardous Materials” means any substance:

1. Defined as a “regulated substance” within the meaning of Subtitle I of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6691 et seq., as amended from time to time, and regulations promulgated thereunder.

2. Designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321, as amended from time to time, and the regulations promulgated thereunder, or listed pursuant to Section 307 of the Clean Water Act, 33

U.S.C. § 1317, as amended from time to time, and the regulations promulgated thereunder.

3. Defined as “hazardous,” “toxic,” or otherwise regulated, under any

Environmental Requirements adopted by the state in which the Site is located, or its agencies or political subdivisions.

4. Containing asbestos or asbestos-containing materials.

5. The presence of which requires notification, investigation, or remediation under federal, state, or local law, statute, regulation, ordinance, order, action, policy, or common law.

6. Which is or becomes defined as a “hazardous waste,” “hazardous substance,” pollutant, or contaminant under any federal, state, or local law, statute, regulation, rule, or ordinance, or amendments thereto.

7. Which is petroleum, petroleum products, including crude oil or any fraction thereof not otherwise designated as a “hazardous substance” under CERCLA, including without limitation gasoline, diesel fuel, or other petroleum hydrocarbons; and, ethanol, methyl tertiary butyl ether, or derivatives or constituents of or vapors from any of the foregoing.

8. Which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority or instrumentality of the United States or the State of

Arizona.

9. The presence of which on the Project Site causes or threatens to cause a nuisance upon the Project Site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Project Site.

10. The presence of which on adjacent properties could constitute a trespass by the Construction Manager or Buckeye.

W. “MAG Specifications” means, collectively, the “Uniform Standard

Specifications for Public Works Construction,” current edition as of the date of Contract award, and the “Uniform Standard Details for Public Works Construction,” current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa

Association of Governments (“MAG”).

X. “Master Schedule” is defined as set forth in Subsection 2.3(C) below.

Y. “Minor Adjustment” means a written order prepared and signed by Buckeye and the Construction Manager, approving a change in the Work that does not require an adjustment in the Contract Price or the Contract Time.

Z. “Project Record Document(s)” means the document(s) created pursuant to

Section 4.12.

AA “Punch List” means that list of items provided by Buckeye to the

Construction Manager at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by the Construction Manager after

Substantial Completion.

AB. “Shop Drawings” means drawings, diagrams, schedules, and other data specially prepared for the Work by the Construction Manager or a Subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

AC. “Site” means the land or premises on which the Project is located.

AD. “Specifications” means the part(s) of the Contract Documents for the construction phase consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

AE. “Subcontractor” means a person or entity employed or engaged by the

Construction Manager or any person or entity directly or indirectly in privity with the Construction

Manager to perform any portion of the Work. The term Subcontractor does not include any separate contractor employed by Buckeye.

AF. “Substantial Completion” means construction has been completed in accordance with the Contract Documents to the extent that Buckeye can use or occupy the entire

Project, or the designated portion of the Project for the use intended without any outstanding, concurrent construction at the Site, except as may be required to complete or correct Punch List items.

AG. “Underground Storage Tank” shall have the definition assigned to that term by § 9001 of RCRA, 42 U.S.C. § 6991, as amended, and also shall include (1) any tank of 1,100

Construction Manager at Risk (CMAR) North Library and Community Center gallons or less capacity used for storing motor fuel; (2) any tank used for storing heating oil for consumption on the premises where stored; (3) any tank used for storing waste oil; (4) any septic tank; and (5) any pipes with oil dispensers connected to items listed in clauses 1.3(AG)(1) and

1.3(AG)(2) above.

AH. The “Work” means, collectively, the (1) environmental investigation set forth in Section 2.1 below, (2) Review of Construction Documents and design remedies set forth in Section 2.2 below, (3) Pre-construction Phase General Services set forth in Section 2.3 below,

(4) Construction Services provided in accordance with Article 4 below, if applicable,

(5) Additional Services that may be provided pursuant to an approved Minor Adjustment or

Change Order in accordance with Article 8 below, and (6) other services that are necessary to complete the Project in accordance with and reasonably inferable from the Contract Documents.

1.4 Cooperative Relationship. Buckeye and the Construction Manager agree to proceed with the Project on the basis of trust, good faith, and fair dealing, and shall take all actions reasonably necessary to perform this Agreement in an economical and timely manner, but without sacrificing quality. Buckeye and the Construction Manager agree to consider design modifications and alternative materials or equipment if necessary to permit the Project to be constructed by the dates of Substantial Completion and Final Completion, as established by the mutually-agreed-upon

Master Schedule attached hereto.

1.5 Buckeye Representations.

A. Project Designer Selection. Buckeye has contracted separately with the

Project Designers to provide engineering and design for the Project.

B. Buckeye’s Project Manager. Buckeye has either designated a Buckeye staff member to act as Buckeye’s Project Manager and/or has contracted separately with a person, firm, or corporation to act as Buckeye’s Project Manager. Buckeye’s Project Manager has no design responsibilities of any nature. None of the activities of Buckeye’s Project Manager supplant or conflict with the design, budget, or any other services and responsibilities furnished by the

Construction Manager, the Project Designers, or sub-consultants. All instructions by Buckeye relating to this Agreement will be issued or made through Buckeye’s Project Manager. All communications and submittals of Construction Manager to Buckeye shall be issued or made through Buckeye’s Project Manager unless Buckeye or Buckeye’s Project Manager shall otherwise direct. Buckeye’s Project Manager shall not unreasonably withhold approval for the Construction

Manager to communicate directly with other Buckeye officials or the Project Designers.

Throughout the term of this Agreement Buckeye’s Project Manager shall have the authority to establish procedures, consistent with this Agreement, to be followed by the Construction Manager and to call periodic conferences to be attended by the Construction Manager and the Construction

Manager’s Subcontractors.

C. Limited Project Management. None of Buckeye’s project management activities are intended to supplant or conflict with the design, budget, or any other services and responsibilities customarily furnished by the Construction Manager or its Subcontractors, except as otherwise specifically modified by this Agreement.

D. No Third Party Relationships. The Construction Manager assumes responsibility to Buckeye for the proper performance of the work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Buckeye and any level of Subcontractor, including but not limited to any third-party beneficiary rights. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against Buckeye or the Construction Manager.

E. Requests for Information. Buckeye shall examine requests for information/direction submitted by the Construction Manager and shall render decisions thereto promptly. Buckeye shall furnish required information and approvals and perform its responsibilities and activities in a timely manner to facilitate orderly progress of the Work (1) in cooperation with the Construction Manager, (2) consistent with this Agreement, and (3) in accordance with the planning and scheduling requirements and budgetary restraints of the Project as determined by Buckeye.

F. Notice to Construction Manager of Defect. If Buckeye observes or otherwise becomes aware of any fault or defect in the Project or nonconformity with the Contract

Documents, Buckeye shall give written notice thereof to the Construction Manager.

G. Duty of Construction Manager to Notify Buckeye. The Construction

Manager must promptly notify Buckeye and the Project Designers in writing of any apparent errors, inconsistencies, omissions, ambiguities, construction impracticalities or code violations discovered as a result of the Construction Manager’s review of the contract documents including any differences between actual and indicated dimensions, locations and descriptions, and must give the Buckeye and the Project Designers timely notice in writing of same and of any corrections, clarifications, additional drawings or specifications, or other information required to define the

Work in greater detail or to permit the proper progress of the Work. The Construction Manager must provide similar notice with respect to any variance between its review of the Site and physical data and Site conditions observed.

If the Construction Manager performs any Work involving an apparent error, inconsistency, ambiguity, construction impracticality, omission or code violation in the contract documents of which the Construction Manager is aware, or which could reasonably have been discovered by the review required by this section, without prompt written notice to the Buckeye and the Project Designers and request for correction, clarification or additional information, as appropriate, the Construction Manager does so at its own risk and expense and all claims relating thereafter are specifically waived.

H. Approvals. Buckeye shall secure, submit, and pay for City approvals, easements, assessments, permits, and charges required for the Project.

I. Communication. Buckeye, its representatives, and consultants shall communicate with the Subcontractors only through the Construction Manager unless otherwise directed or permitted by the Construction Manager.

J. Notices. Buckeye shall send to the Construction Manager, and shall require the Project Designers to send to the Construction Manager, copies of all notices and communications sent to or received by Buckeye or the Project Designers relating to the

Construction Manager’s Services with respect to the Project.

1.6 Construction Manager Representations.

A. Standards. The Construction Manager shall provide the professional management and construction services for the Project in accordance with the terms and conditions of this Agreement. The Construction Manager covenants with Buckeye to furnish its skill and judgment with due care and in accordance with the highest standards of its profession and with

Applicable Law in effect on the date of this Agreement or as subsequently amended.

B. Subcontractor Selection Program. In conjunction with its response to

Buckeye’s RFQ, the Construction Manager submitted to Buckeye a written procedure in conformance with ARIZ. REV. STAT. §§ 34-601 et seq., as amended, for qualifications-based selection of Subcontractors to be utilized in completion of the Project (the “Subcontractor

Selection Program”), which is attached hereto as part of the SOQ. The Construction Manager shall conduct a telephone and correspondence campaign to attempt to create interest among

Subcontractors. The Construction Manager shall develop and coordinate procedures to provide answers to Subcontractors’ questions. The Construction Manager shall use best efforts to utilize minority business enterprises, women business enterprises, and local contractors or suppliers. The

Construction Manager shall ensure that each Subcontractor has secured the required business licenses, permits, insurance, and bonds. The Construction Manager shall be solely responsible for ensuring that (1) the Subcontractor Selection Program is in conformance with Applicable Law and

(2) all Subcontractors are selected in accordance with the Subcontractor Selection Program. The

Construction Manager shall defend, indemnify, and hold harmless Buckeye, its agents, representatives, officers, directors, officials, and employees for, from, and against all claims, damages, losses, and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the

Construction Manager’s failure to appropriately select its Subcontractors. Additionally, as part of the Construction Manager’s submittal of any GMP Proposal under this Agreement, the

Construction Manager shall utilize the Subcontractor Selection Program to meet its requirements under Section 3.7 below.

C. Key Personnel. The Construction Manager shall provide to Buckeye a list of the proposed key project personnel of the Construction Manager and its Subcontractors to be assigned to the Project. This list shall include such information on the professional background of each of the assigned individuals as may be requested by Buckeye. Such key personnel and consultants shall be satisfactory to Buckeye and shall not be changed except with the consent of

Buckeye. The Construction Manager will maintain an adequate number of competent and qualified persons, as determined by Buckeye, to ensure acceptable and timely completion of the

Services described in this Agreement. If Buckeye objects, with reasonable cause, to any of the

Construction Manager’s staff, the Construction Manager will take prompt corrective action acceptable to Buckeye and, if required, remove such personnel from the Project and replace with new personnel with qualifications acceptable to Buckeye. Additionally, Buckeye shall have the right to request that the Construction Manager personnel be removed from the Project if, in

Construction Manager at Risk (CMAR) North Library and Community Center

Buckeye’s sole discretion, such personnel are detrimental to the Project delivery process. Upon receipt of such request, the Construction Manager shall remove such personnel unless the

Construction Manager can provide Buckeye with sufficient documentation to prove it is commercially impractical to replace the personnel with similarly qualified personnel. Buckeye’s approval of substituted personnel shall not be unreasonably withheld.

D. Site Conditions. The Construction Manager represents that it has taken steps reasonably necessary to ascertain the nature and location of the Work related to the Project, and that it has investigated and satisfied itself as to the general and local conditions and constraints that are applicable to the Work such as (1) conditions bearing on transportation, disposal, handling, and storage of materials, (2) the availability of labor, water, power, and roads, (3) normal weather conditions, (4) observable physical conditions at the Site, (5) the surface conditions of the ground, and (6) the character of equipment and facilities needed prior to and during the performance of the

Work. To the extent the Construction Manager encounters subsurface or concealed conditions that differ materially from those which could reasonably have been determined from a Site surface investigation by the Construction Manager on the date of this Agreement or from those ordinarily found to exist and generally recognized as inherent in the activities of the character provided in the Contract Documents, then the Construction Manager shall give…