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Home My WebLink Aboutresolution.council.008-15 RESOLUTION #8 (Series of 2015) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,APPROVING CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND RIDER LEVETT BUCKNALL AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract amendment for Owner's Agent services between the City of Aspen and Rider Levett Bucknall, a true and accurate copy of which is attached hereto as "Exhibit B». NOW, THEREFORE, BE.IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract amendment for Owner's Agent services between the City of Aspen and Rider Levett Bucknall, a copy of which is annexed hereto and 'incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the .City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 12th day of January 2015. i teven kadron, Mayo I, Linda Manning, duly appointed and acting City Clerk do ce ify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 12, 2015. 1 O Linda Manning, ity Clerk EXHIBIT B - Page 1 of 16 Contract Amendment— RLB#9.0 To the AIA Document C132 CMa -2007— Standard form of Agreement between Owner and Construction Manager as Advisor for the Burlingame Ranch Phase Ilaii Project(Buildings 5-7) dated March 28, 2014 The Agreement between Owner and Construction Manager for the Project is amended effective January 12, 2015, as follows: 1. The Construction Manager and Owner agree that the basic intent of the original C132 contract shall be modified to apply to the addition of four(4) single family residences (SFR) SFR1-4 located at Burlingame Ranch. 2. Specific Amendments/Inclusions to reflect the added scope are as follows: Page 1 -The Project is the design and construction of SFR1-4 Page 1 -The Architect for SFR1-4 is 359 Design. Contact:Will Hentschel, under contract per CoA shortform professional agreement and CoA/AGC-981 (with modifications)for Architectural Services. Clause 1.1.1 —this amendment includes the design and construction of four (4) single family residences (SFR) SFR1-4 located at Burlingame Ranch. Clause 1.1.4.1 - The design and construction schedule is being finalized with the intention of bid and permit documents issued by early April 2015 and construction commencing June 2015 Clause 1.1.4.3 - Substantial Completion date.is yet to be defined but the target is March 2016. Clause 1.1.5— Not Applicable for SFR1=4 Clause 1.1.15—remains but is modified to reflect commencement date for SFR1-4 is January 12, 2015, all lessons learned to date are included, co-ordination includes Phase 1, as well as B1-4 construction, B5-7 construction and completion, CoA Parks work and Phase .1 parking modification work. Clause 2.3—amended to reflect the final 359 Design contract for SFR1-4 Clause 3.2.—includes services per the Exhibit A scope of work detailed in the RLB proposal dated Nov 28, 2014. _.Clause 3.3.1 —schedule commences per exhibit D —and the proposal is based upon the hours of effort involved for the project duration with the assumption of 12 months of construction and closeout only Clause 3.3.3—amended to reflect the final 359 Design contract for SFR1-4 Clause 4.3.3—date amended to reflect targetrp oiect completion date of end May 2016. Clause 5.4—amended to reflect the final 359 Design contract for SFR1-4 Clause 11.1.2 amended to reflect: 9.0 Preconstruction services $23,376 • 1 ' EXHIBIT B - Page 2 of 16 9.1 RFP, Bidding, Contract $15,148 9.2 Permit Q&A' $13,072 9.3 Construction and closeout phase 12 months only $107,520 The CoA and RLB agree that the service provided by RLB is based upon hours of work to a projected level of effort and target design and construction schedule. Both parties agree that if the project requires more effort than estimated a scope of work modification may be necessary. Construction phase services shall only be commenced upon written approval from a CoA authorized representative. Construction phase services Clause 13.2 is amended to reflect that finalized schedule and fee matrix for SFR1-4 are modifications to the existing agreement and RLB and CoA recognize that the A201 General Conditions for Construction are ultimately yet to be developed an accepted by a selected general contractor, but unless the terms of any new A201 or its successor are materially different from the current A201, the CoA and RLB will work in good faith to the intent of services and scope of the current C132/A201. 3. The intent of all other terms and conditions outlined in the Agreement as they apply to the addition of SFR1-4 and Exhibit D and Exhibit E level of effort and schedule shall remain unchanged. OWNER Construction Manager City of Aspen Rider ev tt Bucknall ' a Steven Skadron, Mayor P(e ear Knowles, Executive Vice President Date Date 2 EXHIBIT B - Page 3 of 16 RLB I Rider Levett Bucknall 9675 Larimer,'Street Shite 470. Denver,Qbtora'46 8020 Ti+720M.4'111480 November 28, 2014 Mr Chris Everson email: chris.everson@cityofaspen.com Affordable Housing Project Manager , City of Aspen 130 South Galena Street Aspen, CO 81611' BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENT/CONSTRUCTION ADMIN Dear Chris, As requested, please find enclosed our proposal for Project Management/Construction Administration (PM/CA) services for the Single Family Residence (SFR) 1-4 Project. These services are additional to our current PM/CA services on Buildings 1 through 7 and we thank you for the opportunity to work on one of the last pieces in the development of Burlingame Ranch Phase Ila. SCOPE OF WORK We understand the project is to design and construct four single family homes in a duplex configuration with approximately 1,800sf of livable space in each residence, plus garages and optional basement area. We propose Project Management/Construction Administration tasks, as detailed in Exhibit A. Our services will focus on acting as a trusted advisor to CoA to make the addition of the Single Family Residences at Burlingame a success. With varied site conditions, two separate drainage studies, neighbors, two HoAs and the ongoing complexity of phasing, the main goal of our Base services will be to validate that the proposed contents of the design package/Permit submittal are consistent with the expectations of all Authorities Having Jurisdiction. These include Planning and Zoning, Building, Engineering, Water, Electric, Aspen Fire, Aspen San District, Streets etc. PERSONNEL We propose Rob Taylor will be the key Base service construction administration staff member, supplemented by Craig Roth if necessary. BENEFITS We see that we add value for the City of Aspen in that we present a known team of construction professionals that understand the complexities of this multiple interfaces project, understand the City of Aspen (as Owner and regulator) requirements and expectations as well as having strong working r ' Page 1 of 8 EXHIBIT B Page 4 of 16 November 28, 20114 R L B I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4—PROJECT MANAGEMENT/CONSTRUCTION ADMIN relationships with key personnel. We understand the history and challenges of this project and will act as an extension of City staff to bring this project to successful completion. EXCLUSIONS J This proposal is based on the schedule and fee structure attached. As requested, Add Alternates for 1/A General Contractor RFP and Bid Process, 2/ Building Permit Q &A Responses and 3/ Construction phase Construction Administration services are provided as separate line items. We have based the Base proposal on being in Aspen on an as-needed basis-to meet various departments and for team meetings and we have allowed for reimbursable costs of travel and accommodation to be shared with other project work. The Construction phase Alternate#3 would require hot desk space be made available at City offices or a site trailer. Costs for Aspen office_ space. are not included. FEE Our fees are detailed in Exhibit D. Given the scope of work described above and in Exhibit A, we propose: Proposed Amendment No. 9.0 for Base PM/CA services $23,376 Alternate#1 Amendment No. 9.1 for RFP/Bidding/Contract $15,148 Alternate#2 Amendment No. 9.2 for Permit Q&A $13,072 T&M NTE Alternate#3 Amendment No. 9.3 for Construction Oversight $107,520 We understand your intention to contract this under a City of Aspen Short Form Professional Services Agreement, which we accept in principle, subject to validation of the auto insurance clause. Please let me know if you have any questions or concerns. Sincerely, RIDER LEVETT BUCKNALL LTD 01 Rob Taylor Associate Principal Page 2 of 8 EXHIBIT Page 5 of 16 2 November 28, 20114 RLB I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENT/CONSTRUCTION ADMIN Exhibit A — Scope of Work We propose that the scope of work below is agreed upon and ultimately included in the executed services contract. We are comfortable utilizing the CoA short form Professional Services Agreement suggested. Base Proposal 1) Meet with the AHJs and understand all requirements for Building Permit Submittal. Understand Drainage Report requirements (two master drainage studies?) and likely framework for permit issuance (two or four permits?). 2) Understand and resolve Ownership/Phasing complexities as it relates to the Phase 1 and Phase 2 HoA 3) Communicate the projects to the Phase 1 and Phase 2 HoAs regarding timing, schedule, and expectations 4) Understand the process for Planning and Zoning sign off for the SFRs and submit an "Insubstantial Amendment" if this is required to validate the current design with the recorded PUD. 5) Review the PUD and the CoA Development Commitment to validate the design/path forward. 6) Ensure all geotech, platting, survey and line and grade is current and valid. 7) Ensure the architecture team has all IRC submittal requirements covered to enable a compliant, submittal package to be issued. . 8) Assess the project schedule (and confirm with Owner, AHJ and Architect team) if there are merits in submitting an initial Foundation Permit set to allow a longer 2015 construction season. 9) Validate and monitor budget. Validate permit fees and other fees. 10)Attend Design Charettes.with the Owner and Architect to enable all project requirements to be communicated/included. 11)Meet with-the Owner bi-weekly to update progress/status and outstanding actions. 12)Review issued Design packages for completeness, constructability, co-ordination and monitor items for closure/inclusion in the design documents. Review specification and design against prior lessons learned and advise accordingly. Alternate#1 — Contractor Bidding:. 1) Work with CoA and Legal to compile draft General Contractor contracts 2) Work with CoA to compile a comprehensive construction RFP 3) Compile the RFP Package (contracts, plans, specs, exhibits, response forms etc) and work with CoA Procurement to advertise 4) Co-ordinate responses to GC questions with the Owner and A/E team 5) Manage the GC Review process with the CoA Appointed selection committee 6) Negotiate with the GC and facilitate value engineering options to enable-best value Page 3 of 8 EXHIBIT Page 6 of 16 2 November 28, 20114 R L B I Rider Levett BUCkna11 BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENT/CONSTRUCTION.ADMIN 7) Recommend a GC and compile the Contract package for CoA Council acceptance Alternate#2— Permit Response Period: 1) Facilitate the process and work with the A/E team to be proactive in gaining Permit acceptance including meetings, face to face review of draft responses, and formal final submittal. This scope of work is very difficult to evaluate the actual needs, so we suggest this is a Time and Material alternate with a topset/not to exceed. Alternate#3— Construction Phase: 1) Oversee Construction: Attend and contribute to the weekly project team OAC meetings. Assist Aspen in achieving its objectives by actively overseeing the construction process, monitoring progress, working collaboratively with the construction team, and preparing timely, comprehensive reports to keep Aspen officials informed about the progress and any major issues. 2) Manage Design and Construction Team Contract: Assist Aspen with management of the design & construction contract to promote on-schedule and on-budget completion of the scope of work outlined in the contract. 3) Manage Costs: Advise the city's project team by providing guidance related to cost impact of construction decisions. Analyze and comment on the general contractor's proposed GMP and any change order requests. Prepare budget to cost reports based on current status. Identify potential design and construction changes to reduce costs. 4) Manage Schedule: Actively monitor, review and comment to Aspen on construction team's schedule and any outstanding issues that may impact schedule, while maintaining construction team's contractual responsibility to meet the schedule; process and make recommendations on payment requests and any proposed time extension requests. 5) Review Change Orders: Review and verify conformance of proposed change orders to contract document requirements and owner direction; prepare cost estimates to confirm reasonableness of construction team's pricing. 6) Review Pay Applications: Review and verify conformance of pay applications against in-the-field progress of the job. Recommend to CoA for payment. 7) Review Construction Plan: Assist city staff with review of general contractor's plan to build the Project. Ensure all critical project requirements of noise; safety, traffic management and consideration of all the project interfaces are adequately addressed. 8) Oversight of the GC's QA/QC Program 9) Manage Change Order log 10) Oversight of Contract Compliance of Design Team and GC 11)Weekly Site Observation and Reporting 12) Promote early GC understanding of all completion requirements of Substantial Completion, Temporary Certificate Of Occupancy and final Certificate Of Occupancy. Facilitate timely GC completion of these requirements. 13) Manage project completion and close-out of documentation Page 4 of 8 EXHIBIT Page 7 of 16 2 November 28, 2014 R L B I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4—PROJECT MANAGEMENT/CONSTRUCTION ADMIN Exhibit B — Requested Services per email dated 11/20/2014 Proposal from RLB: OA/PM Services Base proposal -Work with Owner and Architect to facilitate expedited development, assembly, submittal of permit application documents (inclusive of specifications) for 4 single family homes AM to be added later by addendum -Work with Owner and Architect to facilitate construction bid process, consisting of pre-bid conference, Q&A during bid period, construction bid evaluation and award recommendation Alt2 to be added later by addendum -Work with Architect and regulating departments/entities to address questions/answers during permit application period, through permit issuance Alt3 to be added later by addendum - OA/PM Services during CA to facilitate substantial completion, temp CO, punch, as-builts, other final submittals required for final CO, and construction contract closeout Exhibit C — CoA Building Permit Submittal Requirements Attached 6/29/2014 new City of Aspen IRC Submittal Checklist. i Page 5 of 8 EXHIBIT B - Page 8 of 16 PERMITM BUILDING PERMIT APPLICATION CHECKLIST IRC: Single Family, Duplex & Townhome THE CITY OF ASPEN For Building and Permit Information,please refer to our website at: www.aspenpitkin.com JOB ADDRESS Burlingame Ranch PARCEL I.D. NUMBER Single Family Homes #144 OWNER DATE The following are requirements for various types of projects. Permits must include ALL of the items on this checklist or they will not be accepted. Incomplete permits will be turned away. Refer to the Single Family & Duplex Building Submittal Guide and guides from other referral departments for clarifications and descriptions.on each item. ❑ Be prepared to pay submittal fees at permit submittal. Contact a permit coordinator for a fee estimate. ❑ Submit a flash drive or disc with a copy of all documents and drawings in pdf format. 2 Documents (see submittal guide for number of copies) Submittal New Addition Alteration/ Interior Demo Repair Requirements Construction Remodel only partial or Alteration complete Planning Approvals ° A/° ❑ J❑ J° Vo Permit Application Form &Contact Sheet �° V° V° V° V° ° Valuation Adiustment Affidavit V❑ V❑ V❑ V❑ &Construction Bid HOA Certification IRC Building V° V° V❑ 1/° V° Descri tion Form Asbestos V❑ V❑ V❑ V° Questionnaire ° Asbestos test and ° V° clearance reports ° ° ° State Asbestos I ' Demolition Approval V❑ Notice Fireplace Registration Form & Manufacturer's V❑ V❑ V❑ A/❑ installation instructions Energy Code ° V° VV Compliance Non-Vented Roof ❑ d° V° V° Assembly Calcs U-Factor Fenestration Docs V 0 V 0 V❑ " EXHIBIT - a e 9 f 6 Submittal New Addition Alteration/ Interior Demo Repair Requirements Construction Remodel only partial or Alteration complete RREMP documents X/❑ V❑ V❑ Line Grade Verification Form -/❑ -/❑ Verification of J '/ Structural Integrity ° ° ° ° Soils Report V❑ A/❑ Smuggler Superfun Soil Removal Permit V❑ V❑ A/❑ Signed Special Inspection and V° J❑ V° J° Testing Agreement Mechanical Docs V° V° V° V❑ Photos -° J° V° V° Unit/Building relationship V° -V° V❑ -V❑ V❑ 24"x36" (2 COPIES) & 11"x17" (1.COPY) Plans Sheets must be in tR following order. xistinq plans re uired for all additions &alterations Submittal New Addition Alteration/ Interior Demo Repair Requirements Construction Remodel only partial or Alteration complete Cover Sheet V❑ -/o v/❑ Survey - V V -/❑ Excavation/ Earth V❑ A/❑ Retention Plans Site Plan V VEl v/❑ v`F1 V RREMP Plan V❑ -/❑ v/❑ V❑ Area Sheet ,/❑ 1/❑ V❑ V❑ Floor Plans V❑ V❑ V❑ V❑ -V❑ -/❑ Roof Plan ❑ V❑ A/❑ Elevations V❑ -/❑ V/❑ -/❑ Sections J❑ V❑ -/❑ V❑ Details V Vo A/❑ V 1/p Fireplace Details -/❑ V o N/❑ V❑ Schedules V❑ V❑ -/❑ V❑ Reflected Ceiling V❑ V❑ V❑ V❑ Plans Lighting Plans V❑ V❑. V❑ v/❑ Mechanical Plans X V❑ Structural Plans V❑ V❑ V❑ V❑ V❑ Radon Plan V❑ A/0 EXHIBIT Page 10 of 16 2 November 28, 20114 R LB I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENT/CONSTRUCTION ADMIN Exhibit D — Fee Matrix SFR 1-4 Fee Matrix SINGLE FAMILY RESIDENCE LOCATIONS SFR'5.& 6 SFR 1 & 2 SFR 3 & 4 x+ -t � » r t �-•••• ,�,* �Yy,r+ '`�� .� �� *„"�. 4'62[,rT" 6r �„�"S g.»'' °�` +�`""«�`b'3. , '-M'�• 'u.. �'�' � „� ��"k as s s� ". .:r �, •'Y �. r� e ;�o .�+�}( a01f0 ,",._T-. [._ -r•'''�" �; o)!."'..,r,� 5r,f3u oua4' -r� ''�"4'-�t� v�-- .r � {Y '`'�� •��#.A• fi�'�:+�V� {+'.i� �` 011 yo- r �.��._°sGE� t� e �� a7111b). ai mis�f :1. r. - „r;.� � fir, tl•-' ��Y...., v'i'a E.:�= ac,; c: � _ ,4 , ,y. � _ ,t f Page 6 of 8 EXHIBIT B-Pagel 1 of 16 EXHIBIT B RLB Fee Worksheet City of Aspen,Burlingame Ranch Phase II Program Manager/Owner's Agent-Contract Amendment No.9-SFR 1-4 Additional Scope Revision 1-Jan 5,2015 ESTIMATED HOURS PER MONTH 2014/2015 Jan-15 I Feb-15 I Mar-15 I Apr-15 May-15 Jun-15 'Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 Jan-16 Total Hrs Fees Base Option-Design i,:.-. :,r..y 24 :,.F 32 32 24," 112. $19;376 FEE^ PROPOSED;MonthlyBilling, , ! $'4;152 $ :'5,536 $=`5,536 $,4,152`,$;;. ; .:$.. $ s^ _ $ $19;376 EXPENSES F Reimburseablesr 1000 - _ 1 000, 1 000 1 000 "moi..' -D �' 't $4;000 Total-,9.0 Base Fee. .-. $.5:152, $ '6,536. $ 6,536j,$',5;152 $i , $" $ ,,"_ $ a` $ $= :;'d$`, $23,376 Alternate#1.-RFP,Bidding,Contract 16 20 20 20 - 76 $13,148 FEE PROPOSED Monthly Billing .,,. $ $ $_`2,768 -$`3,460 ;$ 31460 $ 3,460 $ -- _ $ $ $ $ $ q $ $13,148 EXPENSES Reimburseables 1 000 1 0-00 Lo Z Lo LO 0 ., ..L Lo LO $2;000 Total-9.1--Alternate#1 RFP and Bidding $ 1$ : $ 2,768'1-$' 3,460-1$ 4,460 1$ 4,460' $ 1$ $ $ $' $ - `S $15,148 Alternate#2-,PermitQ&A T&MNOTTOEXCEED '32 _32,' " 64 $11,072 PROPOSED Monthly Billing-' E $ $ '. $ $' $ 5,536 $ 5,536 $ $ $ $ $ $ $ $11,072 EXPENSES.,:.. :, •` Reimburseables '.- 2, s; :. .'E01 000 1 000 _ SD $2,000 Total:9:2-,Alternate#2Per'mit-Q&A ': .;kf $ t $-.: $ '$ $ 6,536 $ 6,536' $ "•` $ $` $ 1$ 1$ $ _ ii. i $13,6721 2015/2016 Jun-1S Jul-15 Aug-15 Sep-35 Oct-15 Nov-15 Dec-15 I Jan-16 I Feb-16 I May-16 I Jun-16 I Total I Fees Alternate 43-.Construction Ove�sigfit;(1.S days week) ,>. - 48,- t ,= 48,' 48. _,48 ,_!',48 ' „48; 48 48 '':48 48 '48 "t'48 m 576 ` $83,520 a ;- e t �ys4 PROPOSED"Monthly_Billing ` _ _ -,• n $6,960- $;,_6,960 ;$ _6,960: $,` 6,960` $' 6,960,`$_' 6,960 '$ -6,960 $ ';6,960, $ 6,960 $ 6,96D $`6,960 $�•6;960 $ z_` ' $83,520 EXPENSES, 0-4 Rei-rnburseables " f`�,.., 2400 �_' ' 2 000 X 2'000 ff 2 000'; 200Q `- 2 0 .. •, 2°000' _� 2 000 2'000 2' 0 ", 20001 ,= 2_600 _ter; 0 _ -� $24;000 n Totai=0;3-Alternate#3ji4ristruction .-, ,h,=. ^x$8,960 $_,;,8,96Q, $�y8,960„$'-8,960' 5,8,460 5�,` 8,960 ._$_ 8964 $. 8,4601 $,8,960 $ x'8,960 $`"8,5603 $ 8;060, `'- ., _$107520 , EXHIBIT B - Page 12 of 16 2 November 28, 2014 RLB I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENT/CONSTRUCTION ADMIN Exhibit E — Schedule SFR 1-4 Draft Schedule for Review/Discussion Page 7 of 8 EXHIBIT B-Page 13 of 16 BURLINGAME RANCH PHASE IIA2-ACCELERATED PRECONSTRUCTION SCHEDULE-REVISIONI 1 2 3 4 5 6 7 B �1.. 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 261 27 28 29 62 63 64 65 66 67 6B 69 70 5Jan 12Jan 19Jm 2BJan I.I.9-Feb 16-Feb 23.Feb 2 16-Mer 23-Mar &W., 6-Apr 13-Apr 20 AK 27-Apr 4-May 11-May 18-May 25-May 1-Jun &Jun 15Jm 22-Jun 29-Jun &Jul 13Jul 20-Jul 7-Mar 14Mar 21-Mar 2&Mar 4-Apr 11-Apr 18-Apr 25-Apr 2-May CoN—t Approval -1 Ref Design of SFR'.14 - Reflne. a SFR'.lld 50%Cmslruction Do—... 50%C struetion 9096 C-4ructim Documents(Permd) 9o%Consimctlm Doc nts(Permfl) Prepare and Issue Bid Docs Bld GC Bidding incl Q&A GC lddln Itrcl G&A Review,Negdate,Recc,Contract Re m,Negmlate,Recc,COM act Budding Permit Rei— P 4 9 1 Cmstructim EXHIBIT Page 14 of 16 2 November 28, 20114 R L B I Rider Levett Bucknall BURLINGAME RANCH PHASE II SINGLE FAMILY RESIDENCE 1-4— PROJECT MANAGEMENUCONSTRUCTION ADMIN Exhibit F — Terms and Conditions Standard RLB Contract Terms and Conditions Page 8 of 8 EXHIBIT B - Page 15 of 16 CONDITIONS OF ENGAGEMENT AND PAYMENT OF ACCOUNTS 1. Rider Levett Bucknall Ltd(Rider Levett Bucknall)services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing professionals performing similar services in the same locality,and under the same or similar circumstances and conditions. Rider Levett Bucknall makes no other warranties,express or implied,with respect to the services rendered. 2. The scope of Rider Levett Bucknall services shall consist of and be limited to only those activities identified in our proposal unless specifically agreed to otherwise in writing,acknowledged,and executed by Rider Levett Bucknall and the Client for whom Rider Levett Bucknall is performing services for(Client). 3. Client understands that fees owed to Rider Levett Bucknall are payment for time expended by Rider Levett Bucknall on behalf of Client and must be paid. As a result,payment is not contingent upon any project outcome that may include but is not limited to:a cost estimate being under a project budget;whether a project commences;whether a project is completed;and/or,when Rider Levett Bucknall is providing advisory/litigation support services based on any outcome of a deposition,mediation,arbitration, litigation,or any other form of adjudication. 4. Accounts/invoices will be submitted at monthly intervals unless otherwise agreed to in writing. Payment shall be made within 30 days of the date of the invoice unless a specific payment term is agreed to in writing. 5. Rider Levett Bucknall services will be billed in accordance with our proposal(i.e.,whether on a fixed fee,percentage of construction cost or hourly). Work that is performed on an hourly basis,and any additional work not included in our scope/proposal,will be billed at the stated hourly rates contained in our proposal. 6. Rider Levett Bucknall shall be reimbursed for all reimbursable expenses reasonably incurred in the performance of its services. Reimbursable expenses may include,but are not limited to: travel and subsistence expenses for out-of-town travel(subject to Client's approval);long distance telephone(including cellular/mobile charges and facsimile transmissions);costs of postage, overnight express mail,and delivery services;and/or,printing or copying of drawings and other documents(including those received electronically). Unless otherwise agreed to in writing,reimbursable expenses will be marked up 10%above cost. 7. Overdue accounts may have interest added at the rate of 1.0%per month on the outstanding balance. In the alternative,Rider Levett Bucknall,in its sole judgment,reserves the right to cease its work to any degree in whole or in part in the event the Client has not provided timely payment. 8. Should the original dates for completion of Rider Levett Bucknall services be delayed by more than 20%for any cause beyond the control of Rider Levett Bucknall,then additional fees for services carried out after the original service period will be negotiated. 9. When Rider Levett Bucknall officers,principals,directors,employees,agents,and independent professional associates/consultants are providing testimony at any hearing or trial,all fees must be current before any testimony is provided by Rider Levett Bucknall unless prior written arrangements have been made.A retainer may be required prior to the commencement of any preparation for testimony.The amount of the retainer is determined by Rider Levett Bucknall and commensurate with the expected work effort. 10. Instructions received by Rider Levett Bucknall from the Client's agent or attorney shall be deemed to be the Client's instructions. The Client understands that their agent,attorney,or other consultants may request that Rider Levett Bucknall perform certain tasks in association with the scope of Rider Levett Bucknall services under this appointment/Agreement,that Rider Levett Bucknall will comply with these requests unless written direction is received regarding who is/are the specific persons who may direct Rider Levett Bucknall scope of work,and that Rider Levett Bucknall will bill Client for the work associated with instructions received by Rider Levett Bucknall from the Client's agent or attorney. it. The Client or its agent will provide Rider Levett Bucknall with all documents,drawings,specifications and instructions necessary to enable Rider Levett Bucknall to carry out the professional duties Rider Levett Bucknall was/is engaged to perform. Rider Levett Bucknall shall not in any way be held responsible for any errors,omissions,or discrepancies in the documents provided or for delays resulting therefrom. 12. Rider Levett Bucknall shall not be held responsible for any error or discrepancy that may arise as a result of any difference between documents issued to a contractor or sub-contractor and the documents issued to Rider Levett Bucknall for the purpose of carrying out the professional duties Rider Levett Bucknall was/is engaged to perform. Any costs incurred in the preparation of amending documents necessary to correct any such differences shall be the responsibility of the Client. 13. Reports,Feasibility Studies,Estimates,Bills of Quantities or any other document(s)prepared by Rider Levett Bucknall shall not be used on any project not specifically covered by this assignment,appointment,or Agreement,and as permitted by law. Copyright in all Feasibility Studies,Estimates, Reports and Bills of Quantities prepared by Rider Levett Bucknall will remain the property of Rider Levett Bucknall 14. Rider Levett Bucknall will maintain any work product,information gathered or documents provided to us by Client unless otherwise directed in writing by Client. 15. Client may,by written instruction,make changes to the scope of Rider Levett Bucknall services. To be effective,written direction must be provided in the form of a change order and signed by both parties. In the event that Rider Levett Bucknall performs work at Client direction prior to the execution of any change order,Client hereby agrees to compensate Rider Levett Bucknall for such effort on an hourly basis in accordance with the stated hourly rates contained in our proposal.' f ` EXHIBIT B - Page 16,of 16 16. To the fullest extent permitted by law,Rider Levett Bucknall agrees to indemnify and hold the Client harmless from and against any liabilities,claims,damages and costs arising out of or resulting from Rider Levett Bucknall services,but only to the extent caused by the negligent acts of Rider Levett Bucknall in the performance of services under this appointment/Agreement. 17. Client and Rider Levett Bucknall hereby acknowledge and expressly agree to waive any and all claims against each other for consequential damages arising out of or relating to this appointment,Rider Levett Bucknall services under this Agreement,and/or due to either party's termination of this Agreement. This waiver includes,but is not limited to claims and/or damages for:rental expenses;losses of use;loss of income;loss of profit or anticipated profit;loss of business opportunities;financing costs;business and reputation;loss of productivity;escalation costs;general or extended general conditions costs;and/or,diminution in property value. 18. The Client and Rider Levett Bucknall waive all rights against each other,including the officers,principals,directors,employees, agents,and independent professional associates/consultants of the other,for damages to the extent that the damages sustained by either party are covered by insurance. 19. To the fullest extent permitted by law,Client acknowledges and expressly agrees that the total maximum liability in the aggregate of Rider Levett Bucknall and that of Rider Levett Bucknall officers,principals,directors,employees,agents,and independent professional associates/consultants,and any of them,to.Client and any one claiming by,through or under Client,for any and all injuries,claims,losses,expenses,or damages whatsoever arising out of or in any way related to Rider Levett Bucknall services, the project,or this appointment/Agreement,from any cause or causes whatsoever,including but not limited to,the negligence, errors,omissions,strict liability,breach of contract,misrepresentation,or breach of warranty of Rider Levett Bucknall or Rider Levett Bucknall officers,principals,directors,employees,agents,and independent professional associates/consultants,or any of them,shall be limited and shall not exceed the total compensation received by Rider Levett Bucknall under this appointment/Agreement. 20. Either party may terminate this agreement at any time provided 30 days advance written notice is given. In the event of termination by either party all outstanding fees and costs shall be paid in accordance with the proposal fee schedule and these conditions of engagement.Additionally,in the event of termination by either party,and payment of all outstanding fees and costs through the date of termination has been made,Rider Levett Bucknall shall provide copies of its work product associated with the matter that Rider Levett Bucknall is providing services for. 21. In the event of any dispute between Client and Rider Levett Bucknall regarding this Agreement,the services rendered by Rider Levett Bucknall,or the fees and/or expenses billed for services rendered,Client agrees that such dispute shall be resolved in the following manner unless otherwise agreed to in writing between Rider Levett Bucknall and Client:(1)by attempting to resolve any dispute amicably at a meeting to be attended by persons with decision-making authority;then(2)if,within thirty(30)calendar days after such meeting the parties have not resolved the dispute,they shall submit the dispute to mediation by written demand under the Construction Industry Mediation Procedures and cognizance of the American Arbitration Association and bear equally the costs of the mediation;and then,(3)if within thirty(30)calendar days after mediation is initiated the mediation has not resulted in a settlement of the dispute,then the dispute shall be settled by arbitration under the Construction Arbitration Rules(in place at the time of filing the demand for Arbitration)and cognizance of the American Arbitration Association,and not by litigation. Either party may submit the unresolved dispute to arbitration thirty(30)calendar days after mediation,which arbitration shall be conducted by a sole arbitrator. The arbitrator shall be selected in accordance with American Arbitration Association rules and must have experience in construction disputes and must not have any conflict of interest. Any such ruling or decision of the arbitrator shall be binding on Client and Rider Levett Bucknall and may be entered as a judgment in any judicial forum.The locale for any mediation and/or arbitration under this provision shall be in the city where the Rider Levett Bucknall office that provided the services for this appointment/Agreement is located,and the laws of the State of Arizona shall apply to any arbitration and/or enforcement of any settlement/ruling/decision. The prevailing party in arbitration shall be entitled to recover its reasonable attorneys'fees, costs,and disbursements. 22. CLIENT AND RIDER LEVETT BUCKNALL,AFTER CONSULTING WITH COUNSEL,HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO TRIAL BY JURY,AND ACKNOWLEDGE THAT THEY UNDERSTAND AND ACCEPT THE DISPUTE RESOLUTION PROCEDURE SET FORTH HEREIN. 23. In the event that there are conflicts in the provisions of any Client generated contracts and these Rider Levett Bucknall Conditions of Engagement and Payment of Accounts,these Rider Levett Bucknall Conditions of Engagement and Payment of Accounts shall take precedence unless specifically agreed to otherwise in writing which is acknowledged and executed by Client and Rider Levett Bucknall.