Contract No. 2023150b- Haydon Companies, LLC.pdf

FIRST AMENDMENT 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT NO. 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
THIS FIRST AMENDMENT TO CONSTRUCTION MANAGER AT RISK 
AGREEMENT No. 2023150B 
f ___________________, 
between the City of Buckeye, an Arizona municipal corporation (the City
Haydon 
Companies, LLC, an Arizona limited liability company 
. 
RECITALS 
A.
The City and the Construction Manager entered into Construction Manager at Risk
Agreement No. 2023150B, dated May 2, 2024 
, for design phase review and 
complete construction services related to the Jackrabbit Trail - McDowell Road to Thomas Road 
(Phase II), located at Jackrabbit Trail in Buckeye, Arizona, and other items as deemed necessary 
by Buckeye 
.  Unless otherwise set forth herein, all capitalized terms used in this 
First Amendment shall have the meanings ascribed to them in the Agreement. 
B.
Pursuant to subsection 1.2 of the Agreement, (i) the City may request that the
Construction Manager submit one or more GMP Proposals for construction of the Project and 
(ii) the City and the Construction Manager may agree upon a guaranteed maximum price for the
Work required for construction of the portion of the Project included within each GMP Proposal
C.
The Construction Manager has submitted, and the City has approved, the Proposal.
The City and the Construction Manager desire to establish the guaranteed maximum price for the 
construction w
 
AGREEMENT 
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which 
are incorporated herein by reference, other such good and valuable consideration, the receipt and 
sufficiency of which are hereby acknowledged, and the promises and covenants set forth below, 
the City and the Construction Manager hereby agree as follows: 
1.
GMP Established.  The Construction Manager
Work 
Agreement and the Construction Fee as set forth in Subsection 3.4 of the Agreement, but 
specifically not including the Pre-Construction Phase Fee set forth in subsection 7.1(B) of the 
Agreement, is hereby agreed to be Eighteen Million One Hundred Forty-Four Thousand Nine 
Hundred Fifty-Seven Dollars and Seventy Cents ($18,144,957.70).  The GMP is the total 
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compensation from the City to the Construction Manager for its fee for the performance of the 
Work in accordance with the Contract Documents and pursuant to the following, as applicable: 
 
A. 
Detailed Scope.  A detailed scope of services for the Work is attached hereto 
as Exhibit 1 and incorporated herein by reference. 
 
B. 
Documents.  A list of the Construction Documents, including all addenda 
that were used in preparation of the Proposal, is attached hereto as Exhibit 2 and incorporated 
herein by reference. 
 
C. 
Allowances.  A list of allowances related to the Work and a statement of 
their basis is attached hereto as part of Exhibit 1. 
 
D. 
Assumptions and Clarifications.  A list of the clarifications made by the 
Construction Manager in the preparation of the Proposal to supplement the information contained 
in the Construction Documents is attached hereto as Exhibit 3 and incorporated herein by 
reference.   
 
E. 
Substantial Completion.  The Substantial Completion date, and the 
Schedule for the Work upon which the Substantial Completion date is based, is attached hereto as 
Exhibit 4 and incorporated herein by reference.   
 
F. 
Alternate Prices.  There are no alternate prices. 
 
G. 
Unit Prices.  A schedule of applicable unit prices is attached hereto as part 
of Exhibit 1. 
 
H. 
Additional Services.  No Additional Services are included. 
 
I. 
Acceptance Period.  There is no time limit stated for acceptance of the 
Proposal. 
J. 
Liquidated Damages. In view of the difficulty or impossibility of 
Completion, as set forth in Exhibit 4  Substantial Completion Date and Schedule, attached hereto, 
which may be extended only by City-approved Change Orders, the Contractor agrees to pay and 
will pay to the City, in addition to all other sums owed pursuant to this First Amendment and the 
Agreement, the sum of One Thousand Seven Hundred Eighty Dollars and Zero Cents ($1,780.00) 
for each Day of delay as liquidated damages for such delay and not as a penalty. 
 
2. 
Exhibits to Existing Agreement.  The following exhibits are hereby approved as 
attached hereto and are hereby incorporated into the Agreement by reference: 
 
A. 
Exhibit D  Master Schedule. 
 
B. 
Exhibit J  Performance Bond. 
 
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C. 
Exhibit K  Payment Bond. 
 
3. 
Effect of Amendment.  The Agreement is affirmed and ratified and, except as 
expressly modified herein, all terms and conditions of the Agreement shall remain in full force and 
effect. 
4. 
Non-Default.  By executing this First Amendment, the Construction Manager 
affirmatively asserts that (i) the City is not currently in default, nor has been in default at any time 
prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any 
and all Construction Manager claims, known and unknown, relating to the Agreement and existing 
on or before the date of this First Amendment are forever waived. 
 
5.  
Conflict of Interest. This First Amendment may be canceled pursuant to the 
provisions of A.R.S. § 38-511. 
 
6. 
Statutory Compliance.  By executing this First Amendment, the Consultant certifies 
its compliance with A.R.S. § 35-393.01. To the extent applicable under A.R.S. § 35-394, the 
Consultant certifies that it does not, and will not for the duration of the Contract, use the forced 
labor, any goods or services produced by the forced labor, or any contractors, subcontractors, or 
suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic 
 China. 
 
7.  
Order of Precedence. If there is any discrepancy between the terms and conditions 
of this First Amendment, the Agreement, Exhibit 1 to this First Amendment (Scope of Services), 
and Exhibit F to the Agreement (
Response to the RFQ), the documents 
shall govern in that order. 
 
[SIGNATURES ON FOLLOWING PAGE] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of 
the date first set forth above. 
 
City:  
 
 
 
 
 
Construction Manager: 
 
THE CITY OF BUCKEYE,                                       HAYDON COMPANIES, LLC, 
 
     
an Arizona municipal corporation                              an Arizona limited liability company 
 
 
 
 
 
 
________________________________ 
 
______________________________           
Doug Sandstrom, City Manager  
 
 
Matt Carpenter, Chief Operating Officer 
 
 
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
 
Lucinda Aja, City Clerk 
 
 
RECOMMENDED: 
 
 
 
 
 
 
 
 
 
 
Rob Roach, Grant Program and  
Procurement Manager 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
City Attorney 
 
 
 
 
 
 
 
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EXHIBIT 1 
TO 
FIRST AMENDMENT 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
 
 [Scope of Services] 
 
See following pages.  
 
 
 
 
 
 
 
 
 
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EXHIBIT 2 
TO 
FIRST AMENDMENT 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
  
[Construction Documents] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Haydon Companies, LLC
173

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
176

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
177

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
178

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
179

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
180

EXHIBIT 3 
TO 
FIRST AMENDMENT 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
  
[Assumptions & Clarifications] 
 
See following pages. 
Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
183

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
184

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
185

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
186

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
187

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
188

EXHIBIT 4 
TO 
FIRST AMENDMENT 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
  
[Substantial Completion Date and Schedule] 
 
 
See following pages. 
Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
189

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
190

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
191

Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
192

EXHIBIT D 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
  
[Master Schedule] 
 
 
See Exhibit 4.
Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
193

EXHIBIT J 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
 
[Performance Bond] 
 
Contractor to Provide Prior to Start of Work on GMP 1. 
 
 
 
Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
194

EXHIBIT K 
TO 
CONSTRUCTION MANAGER 
AT RISK AGREEMENT # 2023150B 
BETWEEN 
THE CITY OF BUCKEYE 
AND 
HAYDON COMPANIES, LLC 
 
[Payment Bond] 
 
Contractor to Provide Prior to Start of Work on GMP 1. 
Jackrabbit Trail - McDowell Road to Thomas Road - Phase II 
CMAR Agreement No. 2023150B, First Amendment 
Haydon Companies, LLC
195