Amendment

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
Project Name: Waterline Improvements 59th Avenue-Glendale to Northern Avenues 
Project No.: 
232404 
Amendment No: 01 
Date: 
 
This Amendment to that certain Standard Form Agreement dated September 24, 2024 by and between the City of 
Glendale and B & F Contracting, Inc. (CM@Risk) for services, deliverables and work related to Project No. 232404, 
Project Name: Waterline Improvements 59th Avenue-Glendale to Northern Avenues, (the “Agreement”) is made 
and entered into effective this       day of      , 2025. 
1.
This Amendment #01 establishes a Guaranteed Maximum Price (“GMP”) and Construction Phase Fee for
Construction Services and incorporates such terms into the Agreement, making the Agreement effective
for Construction Phase Services:
a.
The total fee for Construction Phase Services, which is included in the Guaranteed Maximum Price (GMP)
as defined under the Agreement, shall be fixed at Four Hundred Thirty Thousand Seven Hundred Forty
Five and 08/100 Dollars ($430,745.08).
b.
The Guaranteed Maximum Price (“GMP”) for Construction Services, as defined under the Agreement, shall 
be Seven Million Ninety Three Thousand Nine Hundred Thirteen and 44/100 Dollars ($7,093,913.44).
c.
The total compensation under the Agreement, as amended by this Amendment, shall be:
Pre-Construction Phase 
Construction Phase 
Total 
Original Agreement: 
$381,852.00 
$ 
$381,852.00 
Previous Amendments: 
$ 
$ 
$ 
This Amendment: 
$ 
$7,093,913.44 
$7,093,913.44 
Total (including this 
Amendment): 
$381,852.00 
$7,093,913.44 
$7,475,765.44 
2.
DELETE the blank template “Exhibit C – Cost of the Work – Schedule of Values” from the Agreement,
and ADD “Exhibit C – B & F Contracting, Inc. Cost of the Work – Schedule of Values” dated May 20,
2025 (75 Pages), attached herein.
3.
ADD “Exhibit E – Construction Documents necessary to define Scope of Work and deliverables for the
Construction Phase Services, including plans, designs, drawings, specifications and other required
Contract Documents” dated May 20, 2025 (23 Pages), attached herein.
4.
ADD “Exhibit F - Statement of All Clarifications and Assumptions” dated May 20, 2025 (8 Pages),
attached herein.
5.
ADD “Exhibit G – Schedule of Major Milestones” dated May 20, 2025 (4 Pages), attached herein.
6.
All other provisions, terms and conditions of the Agreement shall remain unchanged and in full effect.
(Signature on following page)

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
EXHIBIT C 
Cost of the Work 
 
(One (1) page - template) 
(75 pages - final document to be included with GMP Amendment) 
 
See attached

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
EXHIBIT E 
Construction Documents necessary to define Scope of Work and Deliverables for the 
Construction Phase Services, including plans, designs, drawings, specifications and other 
required Contract Documents 
23 pages - To be Incorporated by Amendment) 
See attached

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
EXHIBIT F 
Statement of All Clarifications and Assumptions (if any) 
 
(8 pages - To be Incorporated by Amendment) 
 
See attached

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
EXHIBIT G 
Schedule of Major Milestones 
 
(4 pages - To be Incorporated by Amendment) 
 
See attached

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
T H I S P A G E I S B L A N K

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
EXHIBIT H 
Dispute Resolution Procedures 
 
1. 
Disputes. 
1.1 
Each Dispute arising out of or related to this Agreement (including Disputes 
regarding any alleged breaches of this Agreement) shall be initiated and decided 
under the provisions of this Exhibit. 
1.2 
CMAR and City shall each designate in writing to the other party, from time to 
time, a member of senior management who shall be authorized to attempt to 
expeditiously resolve any Dispute relating to the subject matter of this Agreement 
in an equitable manner. 
1.3 
A party shall initiate a Dispute by delivery of written notice to the members of 
management designated by the respective parties under Section 1.2 of this Exhibit.   
1.4 
The parties must:   
(A) 
Attempt to resolve all Disputes promptly, equitably and in a good faith 
manner; and  
(B) 
Provide each other with reasonable access during normal business hours to 
any and all non-privileged records, information and data pertaining to any 
such Dispute. 
1.5 
With respect to matters concerning modification of the GMP or any schedule, 
CMAR must first follow the provisions of any Claim procedure established by the 
Design-Build Agreement before seeking relief under these Procedures. 
2. 
Emergency Arbitration. 
2.1 
If the parties are unable to accomplish resolution of a Dispute, the expedited 
resolution of which either party considers necessary to prevent or mitigate a 
material delay to the critical path of the Services (a "Time Sensitive Dispute") 
within two days after the Time Sensitive Dispute has been initiated by a party, either 
party may thereafter seek emergency relief before an emergency arbitrator (the 
"Emergency Arbitrator") appointed as follows:   
(A) 
The parties will exercise best efforts to pre-select an Emergency Arbitrator 
within 20 days after entering into this Agreement;  
(B) 
If the Emergency Arbitrator has not been selected at the time a party delivers 
Notice of a Time Sensitive Dispute, the parties will each select a 
representative within one day after the Notice is delivered and the two 
representatives will then select the Emergency Arbitrator by the third day 
following delivery of the Notice. 
(C) 
The Emergency Arbitrator shall be an attorney with at least ten (10) years’ 
experience with commercial construction legal matters in Maricopa County, 
Arizona, be independent, impartial, and not have engaged in any business 
for or adverse to either party for at least ten (10) years.   
2.2 
The Emergency Arbitrator will conduct a hearing and render a written 
determination on the Dispute to both parties within five business days of the matter 
being referred to him or her, all in accordance with Rules O-1 to O-8 of the

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
American Arbitration Association ("AAA") Commercial Rules-Optional Rules for 
Emergency Protection Commercial Rules ("AAA Emergency Rules"). 
2.3 
Although the hearing will be conducted using AAA rules, unless both parties agree 
otherwise, this dispute process will not be administered by the AAA but will be 
conducted by the parties in accordance with these procedures.  
2.4 
If, however, an Emergency Arbitrator has not selected within three days after 
delivery of the Notice, either party may upon three days additional notice, thereafter 
seek emergency relief before the AAA, in accordance with the AAA Emergency 
Rules, provided that the Emergency Arbitrator meets the qualifications set forth 
above.   
2.5 
All proceedings to arbitrate Time Sensitive Disputes shall be conducted in 
Glendale, Arizona.   
2.6 
Presentation, request for determination (i.e., a party’s prayer), and the Emergency 
Arbitrators decision will adhere to the procedures required in Section 3.6 of this 
Exhibit. 
2.7 
The finding of the Emergency Arbitrator with respect to any Time Sensitive 
Dispute will be binding upon the parties on an interim basis during progress of the 
Services, subject to review de novo by arbitration after the Project Substantial 
Completion Date. 
2.8 
The time and extent of discovery will be as determined by the Emergency 
Arbitrator. 
(A) 
 Discovery orders of the Emergency Arbitrator will consider the time 
sensitivity of the matter and the parties desire to resolve the issue in the 
most time and costs efficient manner; 
(B) 
The parties are obligated to cooperate fully and completely in the provision 
of documents and other information, including joint interviews of 
individuals with knowledge such that the matter moves toward resolution 
in the most time and costs efficient manner and the Emergency Arbitrator 
is empowered to fashion any equitable penalty against a party that fail to 
meet this obligation. 
3. 
Non-Emergency Arbitration. 
3.1 
Except as provided in Section 5 of this Exhibit, any Dispute that is either a non-
emergency Dispute that has not been resolved by negotiation, or a de novo review 
of an AAA emergency arbitration will be decided by binding arbitration by a panel 
of three arbitrators in accordance with, but not necessarily administered by, the 
Construction Industry Rules of the AAA.   
(A) 
The parties shall each select an arbitrator within 15 days after notice that a 
party desires to resolve a dispute by arbitration.   
(B) 
The two arbitrators shall then each select a third arbitrator.  If an arbitrator 
is not selected within any such 15 day period, then the arbitrator shall be 
appointed by the AAA.   
3.2 
The arbitrator(s) shall meet the qualifications of Emergency Arbitrators as provided 
in Section 2 of this Exhibit.

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
3.3 
The arbitrators do not have the authority to consider or award punitive damages as 
part of the arbitrators' award.   
3.4 
In connection with such arbitration, each party shall be entitled to conduct up to 
five depositions, and, no less than 90 days prior to the date of the arbitration hearing, 
each party shall deliver to the other party copies of all documents in the delivering 
party's possession that are relevant to the dispute.   
3.5 
The arbitration hearing shall be held within 150 days of the appointment of the 
arbitrators. 
3.6 
At the arbitration hearing, each party will argue its position to the arbitrators in 
support of one proposed resolution to the dispute (a “Proposed Resolution”).   
(A) 
Each party’s Proposed Resolution must be fully dispositive of the dispute.   
(B) 
The arbitrators must select one Proposed Resolution by majority consent 
and are not free to fashion any alternative resolutions. 
(C) 
The parties must submit their proposed resolution of the matter to the 
arbitrators and the other party 15 days prior to the date set for 
commencement of the arbitration proceeding. 
(D) 
The decision of the arbitrators will be forwarded to the parties within 15 
days after the conclusion of the arbitration hearing. 
(E) 
The decision of the arbitration panel is final and binding on the parties and 
may be entered in any court of competent jurisdiction for the purpose of 
securing an enforceable judgment.   
(F) 
All costs and expenses associated with the arbitration, including the 
reasonable legal fees and costs incurred by the prevailing party, must be 
paid by the party whose position was not selected by the arbitrators. 
4. 
Continuing Work.  Unless otherwise agreed to in writing, CMAR must continue to 
perform and maintain progress of the Work during any Dispute Resolution or arbitration 
proceedings, and City will continue to make payment to CMAR in accordance with the 
Agreement. 
5. 
Exceptions. 
5.1 
Neither City nor CMAR are required to arbitrate any third-party claim, cross-claim, 
counter claim, or other claim or defenses in any action that is commenced by a 
third-party who is not obligated by contract to arbitrate disputes with City and 
CMAR. 
5.2 
City or CMAR may commence and prosecute a civil action to contest a lien or stop 
notice, or enforce any lien or stop notice (but only to the extent the lien or stop 
notice the party seeks to enforce is enforceable under Arizona law), including, 
without limitation, an action under A.R.S. § 33-420, without the necessity of 
initiating or exhausting the procedures of this Exhibit. 
5.3 
This Exhibit does not apply to, and may not be construed to require arbitration of, 
any claims, actions or other process undertaken, filed, or issued by the City of 
Glendale Building Safety Department, Code Compliance Department, Police 
Department, Fire Department, or any other agency of City acting in its

City of Glendale Standard Form Agreement Between Owner and CM@Risk (January 28, 2025) 
 
 
governmental permitting, for the benefit of public health, safety, and welfare, or 
other regulatory capacity. 
5.4 
In connection with any arbitration, the arbitrators do not have the authority to, and 
may not enforce, any provision of the Federal or Arizona Rules of Civil Procedure.