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Home My WebLink AboutAD07-220 - Amendment - #2 - Engineering Economics, Inc. - Events Center LEED Consultant - 04/22/2009 00000*4 KENT AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Engineering Economics Inc. CONTRACT NAME & PROJECT NUMBER: Kent Events Center Proiect ORIGINAL AGREEMENT DATE: August 15. 2007 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Perform additional commissioning services at the Kent Events Center to comply with the requirements of Puget Sound Energy's New Construction Commissioning Grant program in accordance with the attached and incorporated Exhibit A. Work will be billed on a time and materials basis, not to exceed $12,847. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows Original Contract Sum, $83,774.00 including applicable WSST Net Change by Previous Amendments $12,650.00 including applicable WSST Current Contract Amount $96,424.00 including all previous amendments Current Amendment Sum $12,847.00 Applicable WSST Tax on this Amendment $0.00 Revised Contract Sum $109,271.00 Original Time for Completion December 31, 2009 (insert date) Revised Time for Completion under December 31, 2009 prior Amendments (insert date) Add'I Days Required (f) for this 0 calendar days Amendment Revised Time for Completion December 31, 2009 (insert date) AMENDMENT- 1 OF 2 w R 4 In accordance with Section VII of the Agreement, the Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) at re Print Name: Jeffrey Nichols Prl Na e: Its Branch Manager j (title) (title) DATE: April a, 2009 DATE: APPROVEO AS TO FORM: (applicable if amendment requires mayor's signature) Vvv bv , L--,, Keril Law Department AMENDMENT- 2 OF 2 `4 Kent Events Center Amendment #2 to EEI Contract EXHIBIT A: SCOPE OF WORK 1) The Consultant shall complete the following work requirements for PSE Commissioning Grant: a) Confirm existing commissioning scope conforms to Washington State Energy Code (WSEC) b) Confirm building was commissioned using BCA practices c) Confirm building has been commissioned per EEI's contract, all scopes described in contract have been completed 1) SOJ to provide EEI payment documents if required (work scopes complete, payments made) d) Review submittals and verify in the field the following 1) Windows Take a 15% sampling of total window areas Sampling should be of storefront, small suite windows in hallways, and office windows a) Confirm based on approved submittals and Manufacturer's Rep input that submitted windows were installed per contract b) Confirm windows' SHGC and U-value match submittals and conforms to Washington State Energy Code(if available, provide documentation from manufacturer to confirm make/model of glazing and that required values were met or exceeded) 2) Shell Insulation Report on the shell insulation level using thermal insulation imaging Take readings of each side of the building to confirm compliance with energy code and that insulation was installed per contract Identify significant"hot" spots, if any, that require further investigation 3) HVAC Equipment Confirm based on approved submittals and physical inspection that submitted equipment was installed per contract 4) Lighting Power Density Confirm using fixture counting and calculations that the LPD is as specified in the plans 15% sampling of office area, concourse, BOH, and Bowl 5) Envelope Sealing Review 15% of the envelope and confirm that the sealing of any building penetrations has been completed Photograph these installations 6) Duct Sealing Confirm duct sealing was verified through physical inspection and duct leakage testing during installation Photograph these installations 7) Confirm w/ Electrical Engr if any daylight sensing equipment is installed in the facility If equipment is installed, confirm w/tests that the equipment is operating as specified (15%sampling acceptable) e) Provide PSE copy of all mechanical FPT's that were completed on the protect and confirm tested equipment is operating as described by the manufacturer Include trending verification f) Review TAB report and confirm equipment is operating per intended design Use a 10% sampling rate Include refrigeration system brine and refrigerant flows in addition to HVAC airflows g) Verify that mechanical equipment matches approved submittal and the FPT has been completed and the equipment is operating as described by the manufacturer Also, sample 15% of lighting and occupancy controls and confirm equipment matches approved submittal and the FPT has been completed and the equipment is operating as described by the manufacturer h) EEI to provide a copy of the"Issues List" used through-out the protect that details"major" (major meaning issues that impact energy use) issues only and shows that these issues have been resolved and confirmed complete by EEI 2) The Consultant shall complete the following reporting and documentation requirements for PSE Commissioning Grant: a) SOJ to provide a copy of EEI's Cx contract w/City of Kent that includes work scope and fee In addition, PSE grant scope amendment should be included in this documentation b) EEI to provide a copy of the Cx Plan that includes site visit installation verification reports and FPT's and their results(see item 1 e" above) REQUEST FOR MAYOR'S SIGNATURE N-147 KENT Please Fill in All Applicable Boxes WASMINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Oiiginato�t�f, -b4e� Phone (Originator)- b ' 0 a Date Sent Lfl I� I)G Date Required: Return Signed Document to tit ` 11cC,,, CONTRACT TERMINATION DATE: VENDOR NAME: ��L_� DATE OF COUNCIL APPROVAL: Brief Explanation of Document- All Contracts Must Be Routed Through the Law Department (This Aoea to be Completed 6y the Law Department) Received: v `'J APP Approval of Law Dept.: City of Kent Law Dept. Comments Office of the Mayor Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: r Disposition: Date Retuined: Iage5870 31,05