Amendment No. 9 to the Agreement with Fentress Architects in the amount of $302,876 .A0/ - gC:Ser
AMENDMENT NO. 9
TO THE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FENTRESS ARCHITECTS,
DATED MAY 14, 2014,
FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION
CENTER RENOVATION PROJECT,
IN THE AMOUNT OF $302,876
This Amendment No. 9 to the Agreement made and entered this 1'-$day of August, 2015, by and
between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139, and FENTRESS ARCHITECTS, a Colorado corporation, having its
offices at 421 Broadway, Denver, Colorado (hereinafter referred to as "Consultant" or "Architect-
Engineer").
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 2014-142ME, the Mayor and
City Commission adopted Resolution No. 2014-28538 on April 9, 2014, approving and authorizing
the Mayor and City Clerk to execute an Agreement with Fentress Architects for Design Criteria
Professional Services for the Miami Beach Convention Center Renovation Project (the
"Agreement"); and
WHEREAS, the Agreement was executed for a lump sum amount of $10,967,200 including
reimbursable expenses; and
WHEREAS, on December 8, 2014, Amendment No. 1 was executed for correction to Task 3
— Design Development and Design Criteria Package Services, requiring 30% completion level for low
voltage systems in lieu of 90% completion; and
WHEREAS, on December 8, 2014, Amendment No. 2 was executed for supplemental civil
engineering services in the amount of$41,079; and
WHEREAS, on December 8, 2014, Amendment No. 3 was executed for additional services
to revise the quantity, sizes and configurations of the main ballroom, junior ballrooms, and meeting
rooms, in the amount of$179,982; and
WHEREAS, on January 21, 2015, Amendment No. 4 was executed for a regional stormwater
pump station location analysis, and for the development of a 3D animation and custom website for
the Project in the amount of$76,605; and
WHEREAS, on February 11, 2015, the City Commission authorized Resolution No. 2015-
28925, authorizing an additional lump sum amount of $14,469,500, for the purpose of retaining
Fentress to complete all design and construction administration services for the Project; and
WHEREAS, on March 31, 2015, Amendment No. 5 was executed for the completion of
design development documents and preparation of Bid Package 1, in the amount of$2,442,400; and
WHEREAS, on May 28, 2015, Amendment No. 6 was executed for a deductive adjustment
to the Agreement in the total amount of$$3,129,259, to delete the remaining Tasks 4, 5 and 6 of the
Scope of Services set forth in Schedule A of the Agreement, as such tasks are no longer applicable
and shall be superseded by a subsequent amendment with regard to the construction documentation
1
and administration services required for the Project; and
WHEREAS, on May 28, 2015, Amendment No. 7 was executed for certain Additional
Services relating to wind loading and micro-climate services, in the amount of$117,200;
WHEREAS, on May 28, 2015, Amendment No. 8 was executed to retain Fentress
Architects to serve as Architect of Record for the Project, to clarify requirements with regard to
Design Development, and to provide for completion of Construction Documents and all construction
administration services required of the Architect-Engineer for the Project, in the total amount of
$15,156,359.00; and
WHEREAS, this Amendment No. 9, is for the provision of Commissioning Services, in the
total amount of$302,876; and
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as a part of this Amendment
No. 9.
2. MODIFICATIONS.
The Agreement is amended as provided in Appendix "A-9", attached herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and in full force and
effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this Amendment
No. 9.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be
executed in their names by their duly authorized officials as of the date first set forth above.
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Appendix "A-9"
1. SCOPE OF SERVICES
Refer to Exhibit "1" attached herein.
2. TIME OF COMPLETION
Ten months post building occupancy.
3. PAYMENT AND COMPENSATION
The total lump sum fee proposed for this Scope of Work is $302,876. Payment will be
deducted from the Owner's Contingency Allowance.
Summary
These values need to be adjusted based on additional scope.
Project Contingency Total
Contract $10,967,200 $1,096,720 $12,063,920
Amendment 1 -Scope change 0 0 0
Amendment 2 -Civil 41,079 -41,079 0
Amendment 3 -BR change 179,982 -179,982 0
Amendment 4 - Stormwater/Web 76,605 -76,605 0
Amendment 5 -DD 2,442,400 0 2,442,400
Amendment 6—Wind/roof $117,200 -117,200 0
Amendment 7 -Deductive -3,129,259, 0 -3,129,259
Amendment 8 -CD/CA 15,253,079 -96,720 15,156,359
Amendment 9 -Commissioning 0 -302,876 0
$25,851,566 $282,258 $ 26,436,700
•
•
•
•
1
EXHIBIT 1
FENTRESS
feniress _,.,
July 20,2015
Mr.Jimmy Morales,City Manager
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach,FL 33039
Re: Miami Beach Convention Center Renovation Resolution No.2014-28538
Proposal 10—Commissioning Services
Project 20140021.001 A09
Dear Mr.Morales:
This proposal is for the Design Team to contract a commissioning consultant at the request of the City of Miami Beach
for the above referenced project. We propose The Spinnaker Group to provide these services and the work is in
addition to the scope outlined on our base contract and will include the following services:
Scope of Services:
Commissioning will be performed on the entire project including,but not limited to,the project's systems,which
are defined as energy using systems by USGBC.The commissioning services will consist of the following,which
are broken down between Fundamental Commissioning and Enhanced Commissioning.
Systems required to be commissioned by USGBC for LEED Certification:
• HVAC:
o Fans;
o Air handlers;
o Pumps;
o Drives;
o Controls and control devices;
o Ducting and components;
o Piping and components;
o A/C Units.
• Lighting and Lighting Controls;
• Hot Water Heating Systems;
• Renewable Energy systems if applicable.
Fundamental Commissioning Services:
• The development of commissioning requirements for the project.
• Meet with the Construction Manager,and the City to explain the commissioning process for the project,
including:
o Provide written answers to questions from the City and Construction Manager on
commissioning questions prior to the City's execution of the contract of construction for the
project;
o Provide answers to questions from the City and Construction Manager after the execution of
the contract of construction for the project.
DEN _ - 3 . _ 12 ' 3 -2 31 w� , ?
Mr.Jimmy Morales,City Manager
City Manager's Office
City of Miami Beach
Proposal 10—Commissioning Services
July 20,2015
Page 2
• Develop a Commissioning Plan for the project, which will incorporate comments from the City, the
Design Team and the project Construction Manager;
• Verify that Energy Consuming Systems(HVAC,lighting,domestic hot water)Installation of the project
meet requirements of the USGBC,including:
o Development of Pre-Functional Tests;
o Development of Functional Tests;
o Observation and acceptance of Pre-Functional Tests;
o Observation and acceptance of Functional Tests;
o Observation of Test and Balance.
• Prepare Commissioning Management Report(Commissioning Final Report). The Report shall include
an executive summary, list of participants and their roles,brief description of the project,and thorough
text on each of the following sections:
o Executive Summary;
o Design Intent;
o Basis of Design;
o Pre-functional checklists are complete;
o Functional checklists are complete;
o Deficiency Log.
Enhanced Commissioning Services:
• Document the City's Project Requirements and Basis of Design;
• Perform a focused design review which shall include the following:
o Input regarding making the project easier to commission;
o Analyze how building maintenance can be made easier(accessibility and system control,etc.);
o Verify if systems consistent with design intent;
o Understand how utility usage and Indoor Environmental Quality can be improved;
• Meet with the Construction Manager,and the City to explain the commissioning process for the project,
including:
o Provide written answers to questions from the City, and Construction Manager on
commissioning questions prior to the Owner's execution of the contract of construction for the
project;
o Provide answers to questions from the City, and Construction Manager after execution of the
contract of construction for the project.
• Review and recommend for approval, disapproval or conditional approval submittals by the project
Construction Manager, applicable to systems being commissioned for compliance with commissioning
needs;
• Develop a Systems Manual and deliver it to the City:
o Verify Training of Systems Operating Personnel;
o Conduct a post occupancy review at 10-months post-occupancy.
Completion of LEED Online Templates and GBCI Comment responses.
• Measurement and Verification:
o Develop Measurement and Verification plan consistent with Option D: Calibrated Simulation
(Savings Estimation Method 2)as specified in the International Performance Measurement and
Verification Protocol Volume III: Concepts and Options for Determining Energy Savings in
New Construction,April 2003;
Mr.Jimmy Morales,City Manager
City Manager's Office
City of Miami Beach
Proposal 10—Commissioning Services
July 20,2015
Page 3
o Provide a process for corrective action if the results of the M&V Plan indicate that energy
savings are not being achieved.
Coordination of Commissioning Services with the design documentation:
• Introduction and orientation of commissioning agent to the project systems and design details for both
portions of the project(Convention Center and Park Pavilion);
• Coordinating commissioning agents'efforts with design production and deliverables;
• Oversight of scheduling systems testing during and after construction;
• Management of commissioning agent's efforts beyond the scope of the design team task time frame.
Fees for this service will be a lump sum of Three Hundred Two Thousand Eight Hundred Seventy-six Dollars
($302,876)and paid based on percentage complete of the task.This fee includes and Add Alternate of Six Thousand
Eight Hundred Dollars($6,800) for a Tenant Measurement and Verification Plan. Reimbursable costs for printing,
telephone,delivery and travel are included in this fee. All billings for these services will be invoiced under the heading
#20140021.001 A09.
If the foregoing correctly states your understanding,please prepare a contract amendment for our execution.We are
very happy to be of service to the City and continue our successful relationship.
Sincerely,
Fentress Architects
ohn.Kudrycki,AI ,L AP BD+C
Associate Principal
encl: Fee Summary dated July 16,2015
The Spinnaker Group proposal dated July 16,2015
c: Maria Hernandez,Thais Vieira,City of Miami Beach
Jeff Sachs,Strategic Advisory Group
Anne McNeely Fentress Architects
Annie Goodwin,Fentress Architects
Project: Commissioning Agen
Miami Beach Convention Center Renovation & Expansion
7/16/15
Meeting Room Revisions
Discipline Firm Name Firm Fee Total
Number
Architecture Fentress Architects 1 $30,000 $30,000
Architecture Arquitectonica 4 $0 $0
Fire/Life Safety/Code Consulting Rolf Jensen 13 $0 $0
Civil/Utility Engineering Kimley-Horn 6 $0 $0
Landscape West 8 7 $0 $0
Structural Engineering Wallace Engineering ,, 8 $0 $0
Vertical Transportation Lerch Bates 12 $0 $0
Plumb, Mech, Elec, Lighting ME Engineers 14-18 $0 $0
IT, Security,AV, Acoustics DL Adams 20 $0 $0
Food Service Caruso 25 $0 $0
Traffic Corradino 27 $0 $0
Graphics and Signage TKD 28 $0 $0
Parking Consultation Walker Parking 29 $0 $0
_
Cost Estimate RLB 35 $0 $0
Hardware Consultation Assa Abloy 37 $0 $0
Commissioning The Spinnaker Group 40 $272,876 $272,876
Design Fees $302,876 $302,876
Expenses 0% $0 $0.00
■
Total Total $302,876 $302,876
ESPINNAKERG
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Miami Beach Convention Center
Proposed To
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421 Broadway
Denver, CO 80203 USA
July 16, 2015
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THE 5PlitiNA,KERGROUP
Our Passion.
Our Focus.
Our Only Business.
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GREEN BUILDINGS.
LEED+Sustainability Consulting • Building Commissioning • Energy Modeling
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Project Certifications To-Date:,-..
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HFiGWARD COMITY LIBRARY
LEED-ND
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• 1:
THE LEADERS IN LEED
• USGBC Preferred Provider icy
.: _ ,_ ,�' `-� ” i • Fast Track LEED Certification Available
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'_ •AIA&GBCI Continuing Education Provider
NSUS CORAL t{AESFdt-
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-�.. 3�- '_-,,,, •Over 90 LEED Certified Projects To-Date
• ' --- -j am =_ •Over 200 Projects In-Progress
• Professional Engineers&Architects
JOE DIMAG O • Licensed Building Commissioners
CHILDREN'S FlosrTTAL •LEED APs:BD+C,ND,CI,O&M,
•CSI,CDT,BEMP,PX,BN,CMC Certifications
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- ,••",-, -,c '! "!it - 7: _= La , • Increase Productivity
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MIAMI DESIGN DISTRICT • Increase in Market Value
•Competitive pricing for all Green Building and LEED
- related services
AWARD WINNING
�'�":��. .,. USGBC South Florida Chapter,Gala Verde Project
• "„`1 Award Winner
,,.-41_1•4,-01,1.1. -;A ,- .;,. •USGBC South Florida Chapter,Firm of the Year Award
.i.e. . •ULI(Urban Land Institute)Project of the Year
' •2013 South Florida Business Journal"Business
. . of the Year"
•2013 AIA Palm Beach"Consulting Firm of the Year"
•2013 Sustainable Florida'Best Practices"Award
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 2 I ' .i .1 e
i-i_SPINNA ER ,O - THEspi`J i`GRGUP
LEED CONSULTING PROPOSAL
Proiect Understanding
Two buildings within a campus, the Convention Center("1,500,000sf) and Park Pavilion ("6,000sf).
Summary of major Mechanical equipment:
6 chillers
5 cooling towers
100 AHU's
-300 VAV's
Multiple lighting control systems
Scope of Services
Commissioning will be performed on the entire Project including, but not limited to,the Project's
systems,which are defined as energy using systems by USGBC. The Commissioning Services will
consist of the following,which are broken down between Fundamental Commissioning and
Enhanced Commissioning. The Owner can elect whether it wishes to obtain Fundamental
Commissioning or Enhanced Commissioning. Such election should be made by not later than Design
Development.
Systems required to be commissioned by USGBC for LEED Certification
• HVAC
o Fans
o Air handlers
o Pumps
o Drives
o Controls and control devices
o Ducting and components
o Piping and components
o A/C Units
• Lighting and Lighting Controls
• Hot Water Heating Systems
• Renewable Energy systems if applicable
• The Fundamental Commissioning Services of the Commissioning Services consist of:
o Develop Commissioning Requirements for the Project. It is not the responsibility of
the Consultant to incorporate the Commissioning Requirements into the Project
plans.
o Meet with the Project general contractor, design Architect and Owner to explain the
commissioning process far the Project, including:
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 3IPage
TH'ESMINAMERGROUP
• Provide written answers to questions from the Owner, design Architect and
contractor on commissioning questions prior to Owner's execution of the
contract of construction for the Project; and
• Provide answers to questions from the Owner, design Architect and
contractor after execution of the contract of construction for the Project.
o Develop a Commissioning Plan for the Project,which will incorporate comments
from the Owner,the design Architect and all other consultants involved in the
design and development of the Project(the"Design Team") and the Project
contractor.
o Verify that Energy Consuming Systems (HVAC, lighting, domestic hot water)
Installation of the Project meet requirements of the USGBC, including:
• Development of Pre-Functional Tests;
• Development of Functional Tests;
• Observation and acceptance of Pre-Functional Tests;
• Observation and acceptance of Functional Tests; and
• Observation of Test and Balance.
o' Prepare Commissioning Management Report(Commissioning Final Report).The
Report shall include an executive summary, list of participants and their roles, brief
description of the Project, and thorough text on each of the following sections:
• Executive Summary
• Design Intent;
• Basis of design;
• Pre-functional checklists is complete;
• Functional checklists is complete;
• Deficiency Log.
• The Enhanced Commissioning Services of the Commissioning Services consist of:
o Document Owner's Project Requirements and Basis of Design;
o Perform a focused design review which shall include the following:a) input
regarding making the Project easier to commission; b) how building maintenance
can be made easier(accessibility and system control, etc.); c)are systems consistent
with design intent and d) how utility usage and Indoor Environmental Quality can be
improved;
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 4 I ' a g
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THESPUMAMERG Raj? THE Si,
o Meet with the Project general contractor, design Architect and Owner to explain the
commissioning process for the Project, including:
• Provide written answers to questions from the Owner, design Architect and
contractor on commissioning questions prior to Owner's execution of the
contract of construction for the Project; and
▪ Provide answers to questions from the Owner, design Architect and
contractor after execution of the contract of construction for the Project.
o Review and recommend for approval, disapproval or conditional approval
submittals by the Project general contractor, applicable to systems being
commissioned for compliance with Commissioning needs;
o Develop a Systems Manual and deliver it to Owner;
o Verify Training of Systems Operating Personnel
o Conduct a post occupancy review at 10 months post occupancy.
Completion of LEED Online Templates and GBCI Comment responses
• Measurement and Verification
o Develop Measurement and Verification plan consistent with Option D: Calibrated
Simulation (Savings Estimation Method 2) as specified in the International
Performance Measurement and Verification Protocol Volume III: Concepts and
Options for Determining Energy Savings in New Construction,April 2003
o Provide a process for corrective action if the results of the M&V Plan indicate that
energy savings are not being achieved.
Add Alternate
• Tenant Measurement and Verification
o Develop a tenant measurement and verification plan that documents and advises
future tenants of the M&V opportunity and means of achievement
o Provide a process for corrective action if the results of the M&V plan indicate energy
savings are not being achieved.
FEE
The cost for the above services is:
Convention Center
Fundamental Commissioning $197,850.00
Enhanced Commissioning $26,950.00
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 5 I P C ci
HESP J NAHERGPOUP THE_P; .f1.-HSc:GROUP
Pavilion
Fundamental Commissioning $16,838.00
Enhanced Commissioning $5,938.00
Measurement and Verification $18,500.00
Add Alternate
Tenant Measurement and Verification $6,800.00
BILLING
- Billing monthly on a percent of completion basis.Schedule of Values is provided for Commissioning
and LEED in attachment"A"
- Payment terms-net 30 days.
•
Costs not included within this proposal:
• Retesting if a system test fails more than twice.
• Specialty testing equipment
These fees are exclusive of reimbursable expenses at 1.1 times direct cost. Reimbursable expenses
include plotting and printing(except as required for in-house coordination), photography, courier
services, shipping and express mail.
Note: No reimbursable fees are anticipated on this project.
LIABILITY FOR LEED CERTIFICATION AND DESIGN
To achieve certification under the LEED Green Building Rating System, the USGBC, an independent
nonprofit organization of which Consultant and various of its subconsultants may be members or
board members but over which Consultant and its subconsultants have no authority or control,
must determine that the Project has met certain prerequisites, credits and/or performance
benchmarks upon building or project completion. Such LEED certification processes and procedures
are determined by the USGBC, are not within the Consultant's control, and may be subject to
change and may not be uniformly applied.
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 6 :?
f ESPI , I M'ERGP THE SPi`i',sii:r''1GROUP
While Consultant desires that the Project achieve Client's LEED Objectives, actual certification by the
independent, third-party USGBC occurs only after Project substantial completion. Therefore,
Consultant cannot and does not make any assurance, representation or warranty that LEED
certification under any program, or any particular level of LEED certification (Certified,Silver, Gold or
Platinum), will be granted for all or any portion of the Project and nothing contained herein shall
constitute a guarantee, representation, or warranty, express or implied, that any such certification
will in fact be obtained. Consultant specifically disclaims any implied warranty or representation
regarding achievement of LEED certification.
According to the USGBC, buildings that obtain certification under the LEED Green Building Rating
System1M offer the potential benefits of increased energy efficiency, decreased water consumption,
and enhanced indoor air quality, among other benefits. While the Consultant hopes that Owner,
occupants, guests and invitees of the Project will enjoy such benefits if LEED certification is in fact
granted by the USGBC for all or a portion of the Project, Consultant cannot and does not make any
guarantee, representation, or warranty, express or implied,that any such benefits will in fact accrue.
The conferring of LEED certification by the USGBC is as of a date certain and may be predicated on
certain assumptions, estimates, energy modeling and other studies conducted by the Consultant or
subconsultants during the design and development process but nothing herein should be construed
as a representation or warranty by Consultant that the Project will in fact perform at the levels
indicated in any such assumptions, estimates, models or studies or that the levels of energy and
water efficiency or indoor air quality that may in fact exist at the commencement of the operation
of the Project will remain unchanged. Client should not rely upon any stated aspirational goals of
the Consultant regarding LEED certification or performance or any marketing or promotional
materials provided by the Consultant that may recite third party or anecdotal claims regarding the
efficiencies or benefits that are purportedly accruing to the owners or occupants of LEED certified
buildings. Any such promotional or third party materials provided by Consultant, including
presentation materials by the USGBC, articles, reports and the like, are for general information
purposes only and none of the materials or statements or claims therein are endorsed by
Consultant.
The Consultant shall not have any responsibility for the design of the Project, and shall only be
responsible for consulting services in the effort to obtain LEED certification for the Project as
specifically set forth herein. The Client has contracted, or will contract, with an architect and other
design and engineering professionals for the overall design of the Project, and the Consultant has no
liability for those designs, specifications and drawings. The Consultant shall not be responsible for
any errors or omissions on the architect's or other design and engineering professionals' drawings,
or any claims or disputes arising there from.
INDEMNIFICATION
The Client shall indemnify, defend and hold harmless the Consultant, its officers, agents, employees,
representatives and any affiliated or related entities, against any and all suits, actions, proceedings,
claims, losses, liabilities, damages, costs and expenses, including but not limited to court costs,
litigation expenses and reasonable attorneys' fees, that are alleged to have occurred in whole or in
part as a result of or due to the negligence or willful misconduct of the Client, its agents,
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 7 i Page
'. 4-.`SMINNA E A„1:..,.. THES' r.'J. 5Ei?GROUP
consultants, employees or representatives. The obligation of the Client to indemnify the Consultant
shall survive the termination or full performance of this Agreement.
The Consultant shall indemnify, defend and hold harmless the Client, its officers, agents, employees,
representatives and any affiliated or related entities, against any and all suits, actions, proceedings,
claims, losses, liabilities, damages, costs and expenses, including but not limited to court costs,
litigation expenses and reasonable attorneys' fees, that are alleged to have occurred in whole or in
part as a result of or due to the negligence or willful misconduct of the Consultant, its agents,
consultants, employees or representatives. The obligation of the Consultant to indemnify the Client
shall survive the termination or full performance of this Agreement.
MISCELLANEOUS PROVISIONS
No provision of the Agreement shall be deemed to have been waived by Consultant, either
expressly, impliedly or by course of conduct, unless such waiver is in writing and signed by
Consultant, which waiver will apply only to the matter described in the writing and not to any
subsequent rights of Consultant.
This Agreement represents the entire and integrated agreement between the Client and the
Consultant and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both Client and
Consultant.
This Agreement shall be construed, interpreted, enforced and governed by the law of the State of
Florida. Venue for disputes shall be a Court of proper jurisdiction in Broward County, Florida. Both -
parties waive any argument that this forum is inconvenient. In the event any term or provision of
the Agreement is determined by an applicable judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or be construed as deleted as such authority
determines,and the remainder of the Agreement stall be construed to be in full force and effect.
The Client and Consultant, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Client nor the Consultant shall assign this
Agreement without the written consent of the other.
Unless otherwise required in this Agreement, the Consultant shall have no responsibility for the
discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous
materials or toxic substances in any form at the Project site.
The Consultant shall have the right to include photographic or artistic representations of the design
of the Project among the Consultant's promotional and professional materials. The Consultant shall
be given reasonable access to the completed Project to make such representations. The Client shall
provide professional credit for the Consultant in the Client's promotional materials for the Project.
DISPUTE RESOLUTION
Any claim, dispute or other matter in question arising out of or related to this Agreement shall be
subject to mediation prior to arbitration or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Consultant's services, the
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 8 I t g a
Jf�
Consultant may proceed in accordance with applicable law to comply with the lien notice or filing
deadlines prior to resolution of the matter by mediation or by arbitration.
The Client and Consultant shall endeavor to resolve claims, disputes and other matters in question
between them by mediation which, unless the parties mutually agree otherwise, shall be in
accordance with the laws of the country or stat in which the Project is located. Request for
mediation shall be filed in writing with the other party to this Agreement. The request may be made
concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed
in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation
for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the
parties or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in
the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
TERMINATION OR SUSPENSION
If the Client fails to make payments to the Consultant in accordance with this Agreement, such
failure shall be considered substantial nonperformance and cause for termination or, at the
Consultant's option, cause for suspension of performance of services under this Agreement. If the
Consultant elects to suspend services, the Consultant shall give seven days' written notice to the
Client before suspending services. In the event of a suspension of services, the Consultant shall
have no liability to the Client for delay or damage caused the Client because of such suspension of
services. Before resuming services, the Consultant shall be paid all sums due prior to suspension
and any expenses incurred in the interruption and resumption of the Consultant's services. The
Consultant's fees for the remaining services and the time schedules shall be equitably adjusted.
If the Client suspends the Project for more than 120 cumulative days for reasons other than the fault
of the Consultant, the Consultant may terminate this Agreement by giving not less than seven days'
written notice.
If the Client suspends the Project, the Consultant shall be compensated for services performed prior
to notice of such suspension. When the Project is resumed, the Consultant shall be compensated
for expenses incurred. in the interruption and resumption of the Consultant's services. The
Consultant's fees for the remaining services and the time schedules shall be equitably adjusted.
In the event of termination not the fault of the Consultant,the Consultant shall be compensated for
services performed prior to termination, together with Reimbursable Expenses then due and all
Termination Expenses. Termination Expenses are in addition to compensation for the Consultant's
services and include expenses directly attributable to termination for which the Consultant is not
otherwise compensated, plus an amount for the Consultant's anticipated profit on the value of the
services not performed by the Consultant.
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 9 i
I h ES I�; E C.RO, r E :-_nom ,
If our proposal is acceptable,your signature below will confirm our authorization to proceed. Retain
one copy and return one copy to The Spinnaker Group, Inc. at the address on page 1 of this
proposal.This authorization constitutes your commitment to pay the fee and reimbursable
expenses, and represents that approval has been received by your firm from the client. We
appreciate your consideration of TSG and the opportunity to assist your team for this and future
projects. Please give us a call with any questions or comments.
We look forward to your favorable selection of TSG and the opportunity to assist your team for this
and future projects. Please give me a call with any questions or comments
For The Spinnaker Group For Client
Signature Signature
Name (Print) Name (Print)
Rob Hink LEED AP
Title Title
Vice President
Date Date
7/16/2015
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 10 F' a
THE:::21!4 �'GROUP
-S °I N SIGR3OU,
Convention Center Attachment "A" Schedule of Values
Fundamental Commissioning
Develop Commissioning Specifications $1,750
Document Design Requirements and Basis of
Design $1,800
Develop Commissioning Plan $2,500
Develop Pre-Functional Tests $21,875
Develop Functional Tests $21,875
Observe Prefunctional Tests $29,500
Observe Functional Performance Tests $112,300
Final Commissioning Report $6,250
Sub total $197,850
Enhanced Commissioning
Design Review $7,500
Submittal and As-Built Review $6,500
Develop System Operation Manual $6,250
Verify Training $3,450
Post Occupancy Evaluation $3,250
Sub total $26,950
Pavilion Attachment"A" Schedule of Values
Fundamental Commissioning
Develop Commissioning Specifications $1,063
Document Design Requirements and Basis of
Design $938
Develop Commissioning Plan $1,313
Develop Pre-Functional Tests $1,113
Develop Functional Tests $1,475
Observe Prefunctional Tests $4,750
Observe Functional Performance Tests $5,250
Final Commissioning Report $938
Sub total $16,838
Enhanced Commissioning
Design Review $1,250
_ Submittal and As-Built Review $1,063
Develop System Operation Manual $1,188
Verify Training $1,188
Post Occupancy Evaluation $1,250
Sub total $5,938
Building Commissioning • Energy Modeling • LEED+Sustainability Consulting 1 1