We are pursuing LEED Certification for a 476921.20 sq ft Mixed Use Office Building in Egypt.
Building Owner is a multinational design firm who do both tasks, the project design and the LEED enhanced commissioning but with a separate qualified professional team member.
We uploaded an Owner signed agreement form stating that the owner will conduct the Cx responsibilities himself.
We finally received the construction phase preliminary review report from USGBC and they have the following comment "Provide the signed contract between the owner and the CxA, which ensures post-construction Cx activities. Note that the contract must be signed by both parties in order to be considered a legally binding contract".
My question is: is there is any specific template for this contract?
All the Best,
Susan Walter
HDRLEEDuser Expert
1296 thumbs up
July 1, 2015 - 8:26 am
That seems like an odd comment based on the information you submitted. Does your uploaded documentation discuss the owner's commitment to do the post occupancy commissioning scope of services? It seems likely that you've explained that the separation between the design team and CxA and that both parties work for the same owner. The 10 month review evaluation is probably not included.
If you did cover that in your documentation already, contact the GBCI and ask for a review clarification.
Gustavo De las Heras Izquierdo
LEED Expert185 thumbs up
July 1, 2015 - 2:10 pm
Yes that seems very odd. I think the reviewer misread the documentation. If I were you I would submit two documents: 1.A narrative explaining again the reason why there is no contract and 2.An attestation letter signed by the owner and the Cx Agent stating that the post-construction Cx activities are being carried out.
Scott Bowman
LEED FellowIntegrated Design + Energy Advisors, LLC
LEEDuser Expert
519 thumbs up
July 9, 2015 - 9:00 am
The owner can always do the enhanced commissioning, if they have the qualified people to do it. This kind of appears to be question generated by a check list..ie not really looking into why a contract was not there, just that one was not there. Gustavo's suggestion is exactly what I have done in the past and a good idea. I did this personally when the firm I was with for 25 years build a building. The letter was from our CFO (written by me, since I knew what the scope should be) indicating that I was doing the fundamental,and enhanced commissioning and an outline of the scope. We did not have a comment on that.
Margaret Hewitt
CEO & FounderThe Construction Green Team
June 30, 2016 - 10:18 am
I have a follow up question that is similar to this. Can a PO (Purchase Order) be used as the contract document?
Scott Bowman
LEED FellowIntegrated Design + Energy Advisors, LLC
LEEDuser Expert
519 thumbs up
June 30, 2016 - 4:51 pm
Yes, as long as it states the scope of work, including the 10 month warranty review meeting. It should legally connect the CxA to the project and the scope, which most PO's would do.