Common use of COMMISSIONING ASSISTANCE Clause in Contracts

COMMISSIONING ASSISTANCE. If Commissioning is required as a part of the project Services, Consultant shall coordinate with District the Contractor to ensure that Commissioning services are scheduled and completed at appropriate times during the construction process ADDITIONAL SERVICES. Additional Services shall be considered accepted as a part of this Contract only when they have been reviewed and approved by both parties and incorporate into a formal Contract amendment signed by the authorized representatives of both parties. Consultant shall perform the following Additional Services when authorized or directed by District in writing: Making revisions in drawings, specifications, or other documents when such revisions are: Inconsistent with approvals or instructions previously given by District. Required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of the construction documents. Due to changes required as a result of District’s failure to respond to a written request from Consultant within a reasonable time. Providing Services made necessary by significant documented District initiated changes in the Project, including but not limited to size, quality, complexity, District’s schedule, or method of bidding and contracting for construction. Providing consultation concerning replacement of work damaged by fire or other cause during construction and furnishing Services required in connection with replacement of that work. Providing Services made necessary by the default of contractor(s), by major defects, or deficiencies in the work of contractor(s). Providing Services as directed by District that are not part of the Services of this Contract. Consultant shall notify District, in writing, prior to starting any of the Services that it considers the Services it has been directed to do as not part of the Services under this Contract. Providing Services as an expert and/or witness for District in any mediation, arbitration, and/or trial in which Consultant is (a) not a party, and (b) did not in any way cause the dispute that is being adjudicated. Providing training, adjusting, or balancing of systems and/or equipment outside of any services required by commissioning that may be a part of this Contract. For Consultant’s Additional Services the fee to be paid shall be determined in one of the following manners and identified as a part of the extra service authorization. District may elect to negotiate a fixed fee for Additional Services. District may compensate Consultant on a time and material for the Additional Services based on the following criteria: (i) additional labor fee shall be calculated based on the approved hourly billing rates as listed below and an agreed upon level of efforts for the principals and employees of Consultant, and (ii) actual expenditures made by Consultant on the project and supported by receipts. District may negotiate a fixed fee for a portion of the Additional Services and agree on a time and material compensation for the remainder portion of the Additional Services. District may compensate Consultant on a percentage basis of the final negotiated pricing on change order work accomplished by the Contractor. No adjustment in Consultant fee shall be made based on a net change to the construction contract award amount as the total Consultant fee payable hereunder is a negotiated amount. The following rates include overhead, administrative cost, and profit and shall be used to calculate the fee for authorized Additional Services. Sub-consultants hourly rates indicated below include Consultant’s administration fee/xxxx-up fee.  Insert Rates Here  EXHIBIT B PAYMENT SCHEDULE COMPENSATION The payment of consideration to Consultant as provided herein shall be the entire compensation payable to Consultant for Consultant’s Services performed under this Contract. Except as stated below or otherwise agreed by the District in a written amendment to this Contract, the District shall not pay for any additional Consultant costs or expenses. Consultant shall perform the Services (exclusive of the Reimbursable Expenses) for the maximum price of $  (“Consultant’s Compensation”). Reimbursable Expenses are in addition to the compensation for the Services stated in A.2 above and shall not exceed the maximum amount of $ . Reimbursable Expenses consist of: Costs of transportation between the Consultant’s offices and District sites, including mileage at the current rate established by the United States General Services Administration. Printing, scanning, reproduction, and shipping or mailing services required by the Project, and not part of the Consultant’s internal coordination of the Work. All costs or expenses not listed above shall not be reimbursable. Non-reimbursable expenses include, but are not limited to: Long distance communications, cellular phones, and other communication technology; and food, beverages, or meals. Reimbursable Expenses shall be limited to actual, allowable, and reasonable costs, documented by third-party receipts, and detailed in separate line items on Consultant’s invoice. District will not pay any xxxx up over actual allowable costs. The maximum total payment under this contract, consisting of the Consultant’s Compensation in A.2 and the maximum allowable Reimbursable Expenses in A.3, is $ . Consultant’s Compensation shall be allocated to each phase under this Contract as stated below. The District will pay Consultant’s Compensation for each phase upon review, comment, and approval of that phase by the District. If completion of a phrase extends past a monthly billing cycle as provided in below, the payment will be based upon the percentage of the phase completed during the billing cycle. PERCENTAGE OF TOTAL COMPENSATION PER PHASE Pre-Design Phase  % Planning  % Programing  % Public / Stakeholder Participation  % Cost Estimating  % Schematic Design Phase  % Design Development Phase  % Construction Documents– includes submission to regulatory agencies, constructability review and revision period  % Permits & Approvals  % Bidding Phase  % Construction Phase  % Record Drawings and Close-out  % Punch List Preparation, Review & Sign-off Prepare Record Drawings Review and Submittal of Close Out Documentation (includes where applicable, final LEED and Commissioning Report) Commissioning Assistance Other Services  % TOTAL BASE COMPENSATION 100% PAYMENT METHOD Consultant shall submit to District’s authorized representative for approval a copy of Consultant’s monthly pay request format. Invoices shall be on a form approved by District and are to be submitted monthly to District’s authorized representative. Invoices shall be detailed and include the following: Itemization of all project components and the percentages completed; Previously billed and currently invoiced; Previously approved contract amendments, whether or not they are being invoiced; and Separate itemization of any reimbursables that are billable, but not a part of the base compensation under this Contract. Consultant shall submit to District on a monthly basis documentation showing proof that payments were made to its vendors and subconsultant(s). Consultant shall submit to District for approval a copy of subconsultant’s monthly invoice. Upon receipt and approval of Consultant’s properly submitted invoices, District agrees to make payments within 30 days of receipt. EXHIBIT C

COMMISSIONING ASSISTANCE. If Commissioning is required as a part of the project Services, Consultant shall coordinate with District the Contractor to ensure that Commissioning services are scheduled and completed at appropriate times during the construction process ADDITIONAL SERVICES. Additional Services shall be considered accepted as a part of this Contract only when they have been reviewed and approved by both parties and incorporate into a formal Contract amendment signed by the authorized representatives of both parties. Consultant shall perform the following Additional Services when authorized or directed by District in writing: Making revisions in drawings, specifications, or other documents when such revisions are: Inconsistent with approvals or instructions previously given by District. Required by the enactment or revisions of codes, laws, or regulations subsequent to the preparation of the construction documents. Due to changes required as a result of District’s failure to respond to a written request from Consultant within a reasonable time. Providing Services made necessary by significant documented District initiated changes in the Project, including but not limited to size, quality, complexity, District’s schedule, or method of bidding and contracting for construction. Providing consultation concerning replacement of work damaged by fire or other cause during construction and furnishing Services required in connection with replacement of that work. Providing Services made necessary by the default of contractor(s), by major defects, or deficiencies in the work of contractor(s). Providing Services as directed by District that are not part of the Services of this Contract. Consultant shall notify District, in writing, prior to starting any of the Services that it considers the Services it has been directed to do as not part of the Services under this Contract. Providing Services as an expert and/or witness for District in any mediation, arbitration, and/or trial in which Consultant is (a) not a party, and (b) did not in any way cause the dispute that is being adjudicated. Providing training, adjusting, or balancing of systems and/or equipment outside of any services required by commissioning that may be a part of this Contract. For Consultant’s Additional Services the fee to be paid shall be determined in one of the following manners and identified as a part of the extra service authorization. District may elect to negotiate a fixed fee for Additional Services. District may compensate Consultant on a time and material for the Additional Services based on the following criteria: (i) additional labor fee shall be calculated based on the approved hourly billing rates as listed below and an agreed upon level of efforts for the principals and employees of Consultant, and (ii) actual expenditures made by Consultant on the project and supported by receipts. District may negotiate a fixed fee for a portion of the Additional Services and agree on a time and material compensation for the remainder portion of the Additional Services. District may compensate Consultant on a percentage basis of the final negotiated pricing on change order work accomplished by the Contractor. No adjustment in Consultant fee shall be made based on a net change to the construction contract award amount as the total Consultant fee payable hereunder is a negotiated amount. The following rates include overhead, administrative cost, and profit and shall be used to calculate the fee for authorized Additional Services. Sub-consultants hourly rates indicated below include Consultant’s administration fee/xxxxmark-up fee.  Insert Rates Here  EXHIBIT B PAYMENT SCHEDULE COMPENSATION The payment of consideration to Consultant as provided herein shall be the entire compensation payable to Consultant for Consultant’s Services performed under this Contract. Except as stated below or otherwise agreed by the District in a written amendment to this Contract, the District shall not pay for any additional Consultant costs or expenses. Consultant shall perform the Services (exclusive of the Reimbursable Expenses) for the maximum price of $  (“Consultant’s Compensation”). Reimbursable Expenses are in addition to the compensation for the Services stated in A.2 above and shall not exceed the maximum amount of $ . Reimbursable Expenses consist of: Costs of transportation between the Consultant’s offices and District sites, including mileage at the current rate established by the United States General Services Administration. Printing, scanning, reproduction, and shipping or mailing services required by the Project, and not part of the Consultant’s internal coordination of the Work. All costs or expenses not listed above shall not be reimbursable. Non-reimbursable expenses include, but are not limited to: Long distance communications, cellular phones, and other communication technology; and food, beverages, or meals. Reimbursable Expenses shall be limited to actual, allowable, and reasonable costs, documented by third-party receipts, and detailed in separate line items on Consultant’s invoice. District will not pay any xxxx mark up over actual allowable costs. The maximum total payment under this contract, consisting of the Consultant’s Compensation in A.2 and the maximum allowable Reimbursable Expenses in A.3, is $ . Consultant’s Compensation shall be allocated to each phase under this Contract as stated below. The District will pay Consultant’s Compensation for each phase upon review, comment, and approval of that phase by the District. If completion of a phrase extends past a monthly billing cycle as provided in below, the payment will be based upon the percentage of the phase completed during the billing cycle. PERCENTAGE OF TOTAL COMPENSATION PER PHASE Pre-Design Phase  % Planning  % Programing  % Public / Stakeholder Participation  % Cost Estimating  % Schematic Design Phase  % Design Development Phase  % Construction Documents– includes submission to regulatory agencies, constructability review and revision period  % Permits & Approvals  % Bidding Phase  % Construction Phase  % Record Drawings and Close-out  % Punch List Preparation, Review & Sign-off Prepare Record Drawings Review and Submittal of Close Out Documentation (includes where applicable, final LEED and Commissioning Report) Commissioning Assistance Other Services  % TOTAL BASE COMPENSATION 100% PAYMENT METHOD Consultant shall submit to District’s authorized representative for approval a copy of Consultant’s monthly pay request format. Invoices shall be on a form approved by District and are to be submitted monthly to District’s authorized representative. Invoices shall be detailed and include the following: Itemization of all project components and the percentages completed; Previously billed and currently invoiced; Previously approved contract amendments, whether or not they are being invoiced; and Separate itemization of any reimbursables that are billable, but not a part of the base compensation under this Contract. Consultant shall submit to District on a monthly basis documentation showing proof that payments were made to its vendors and subconsultant(s). Consultant shall submit to District for approval a copy of subconsultant’s monthly invoice. Upon receipt and approval of Consultant’s properly submitted invoices, District agrees to make payments within 30 days of receipt. EXHIBIT C