Terms & Conditions for Green Mark 2021 (GM:2021) Consultancy Services

1. Scope of Services

The Consultant (Adapt D&B LLP) shall provide Green Mark 2021 (GM:2021) Consultancy services, which includes the following, unless stated otherwise:

GM:2021 Strategy: Facilitating one (1) project kick-off workshop to establish the GM:2021 target rating (GoldPLUS, Platinum, SLE, GoldPLUS SLE, or Platinum SLE) and the scorecard strategy.
Project Coordination: Acting as the GM:2021 Project Coordinator and the primary point of contact with the certification body (BCA).
Documentation Management:

Guiding the Client and their project team (Architect, Design Consultants, M&E Engineer, Main Contractor, etc.) on the documentation required for each GM:2021 criterion.
Collating, reviewing, and organizing all necessary submissions, calculations, models, and technical data provided by the project team.
Preparing and submitting the GM:2021 application, and the subsequent verification submission(s), via the official portal.

Accredited Endorsement: Providing GMAP/GMAAP-accredited sign-off on the submission, as required by BCA for GM:2021 applications.
Certification Liaison: Managing all clarifications and queries from the Green Mark Assessor and coordinating the response with the project team.
Specialist Coordination: Coordinating (but not engaging or paying for) third-party specialists required for GM:2021, specifically energy modelling/simulation, CFD analysis, BIM modelling, energy audits and/or laboratory testing where these are not already provided.

2. Exclusions from Scope of Services

The Consultant's fee explicitly excludes the following, unless stated otherwise:

All Third-Party Fees: All fees payable to BCA for application, assessment, and certification are to be borne by the Client, unless expressly included in the Consultant's fee proposal or quotation.
Specialist Testing & Engagement: The fees for engaging any third-party specialist, including but not limited to energy modelling/simulation consultants, CFD consultants, any M&E commissioning agents, energy auditors and laboratory fees.
Design & Engineering: This is a Green Mark consultancy role. The Consultant is not responsible for the design, specification, or engineering of any structures or systems. This responsibility remains with the Client's appointed Architect, Professional Engineers (PE), Design Consultants and/or Main Contractor.
Physical Works: The supply, installation, construction, or procurement of any materials, systems, or equipment. Any rectification or remediation works is also excluded.
Other Consultant Fees: The fees of any other professional consultant (e.g. Professional Engineers, Architects, Quantity Surveyors, Energy Auditors, other Qualified or Responsible Person(s)).
Post-Occupancy Monitoring: Post-occupancy monitoring, or any measurement & verification (M&V), for Stage 1 or 2 verification submission is excluded, unless expressly included in the Consultant's fee proposal or quotation.

3. Client's Responsibilities

The successful and timely completion of the GM:2021 certification is critically dependent on the Client's and Project Team's cooperation. The Client shall:

Appoint a Representative: Designate a single “Owner's Representative” with the authority to provide decisions and information on the Client's behalf.
Ensure Team Cooperation: Be responsible for ensuring the full and timely cooperation of all project team members (e.g., Architect, M&E Engineer, Main Contractor, energy modelling/CFD specialists) in providing all necessary data, certificates, and technical documentations.
Provide Timely Information: Provide all necessary project information, including architectural drawings, BIM models, M&E design calculations, energy modelling data, and material/system certifications, within the agreed-upon project schedule.
Bear All Third-Party Costs: Pay all third-party fees (as defined in Clause 2) directly or reimburse the Consultant if paid on the Client's behalf.
Implement GM:2021-Compliant Design: Be responsible for ensuring the final “as-built” construction and procurement aligns with the GM:2021-compliant design, and for maintaining the committed operational performance during any post-occupancy verification period.

4. Assumptions & Dependencies

This proposal and its associated fees are based on the following assumptions:

Accuracy of Information: All information, drawings, and calculations provided by the Client and their project team are assumed to be accurate and complete. The Consultant shall not be liable for errors or delays resulting from inaccurate or incomplete information.
Project Team Cooperation: This proposal assumes the full and timely cooperation of the Client's appointed Architect, Design Consultants, M&E Engineer, and Main Contractor in providing all required design and as-built information.
One-Time Submission: The quoted fee is for one (1) time application and one (1) time submission to the certification body only. Any re-application or resubmission will be quoted accordingly.
Project Timeline: The fee is based on the project being completed within the scheduled programme/timeline set out in the Consultant's fee proposal or quotation accepted by the Client. For any timeline extensions, fees will be quoted separately.

5. No Guarantee of Certification

The Consultant shall exercise all reasonable skill and care in providing the GM:2021 consultancy services. However, the Consultant does not warrant or guarantee that a specific GM:2021 rating (GoldPLUS, Platinum, SLE, GoldPLUS SLE, or Platinum SLE) will be achieved.

The final awarded rating is subject to:

The Green Mark Assessor's final evaluation.
The Client's final design and procurement decisions.
The Contractor's adherence to the design.
The accuracy of data provided by third-party team members.
The building's measured operational performance during the verification stages.

Certification Outcome and Fees:

The Consultant shall perform the Services with reasonable skill, care, and diligence in accordance with generally accepted professional standards. However, the Consultant does not warrant or guarantee the achievement of any certification, rating, accreditation, or assessment outcome, as such outcomes are dependent on factors beyond the Consultant's control, including but not limited to the Client's implementation of recommendations, project execution, provision of complete and accurate information, engagement of other consultants and contractors, and the requirements and decisions of the relevant certification or assessment body.

In the event that the project is suspended, terminated, withdrawn, or the intended certification, rating, accreditation, or assessment is not achieved for any reason whatsoever, the Consultant shall be entitled to invoice and receive payment for all Services performed, work completed, milestones achieved, and reimbursable expenses incurred up to the date of suspension, termination, or cessation of the Services, in accordance with the agreed fee proposal.

Failure to achieve certification, rating, accreditation, or assessment shall not constitute a breach of contract by the Consultant and shall not entitle the Client to withhold payment, refuse acceptance of the Services, seek a reduction in fees, or claim a refund of fees for Services already performed.

6. Payment Schedule

The payment schedule, including the milestone stages and percentage split, shall be as set out in the Consultant's fee proposal or quotation accepted by the Client for the specific project.

All payments are due within 30 days of the invoice date. Late payments shall be subject to an interest charge of 1.5% per month.

7. Variations & Additional Work

The following shall be considered Additional Services and will be chargeable to the Client on a time-and-materials basis at the Consultant's standard hourly rates, unless stated otherwise:

Project Delays: Work required due to the project timeline extending beyond the programme stated in the Consultant's fee proposal or quotation (per Clause 4), for reasons not attributable to the Consultant.
Re-submission: Work related to any re-submission of the GM:2021 application, should the initial application be rejected due to non-compliance, inaccurate data from the project team, or significant changes in the as-built condition.
Post-Occupancy Monitoring for Stage 1 & 2 Verification: Refer to Clause 2.
Modelling/Simulation Re-runs: Coordination work related to any re-calibration of energy modelling or CFD modelling, should measured performance deviate by more than 5% from the committed pathway.
Major Design Changes: Significant additional work required due to major changes in the building design, M&E system, or renewable energy provisions after the GM:2021 strategy has been finalized.

8. Limitation of Liability

The Consultant's total liability to the Client under this agreement (whether in contract, tort, or otherwise) shall be limited to the total value of the professional fees paid by the Client for the services rendered.

9. Termination

Either party may terminate this agreement with 30 days written notice. In the event of termination, the Client shall pay the Consultant for all services performed and expenses incurred up to the effective date of termination.

10. Governing Law

This agreement and any dispute arising from it shall be governed by the laws of the Republic of Singapore.