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HomeMy WebLinkAboutITEM V-C-1CITY OF_ ~ - ~ WASH[NGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Building Commissioning Services for the Community Center & Activity December 29, 2008 Center at Les Gove Park. Project No. CP0607 Department: Attachments: Budget Impact: Human Resources Budget Status Sheet $ 41,670.00 Administrative Recommendation: City Council approve an Agreement for Consulting Services with Keithly Barber, Inc in the amount of $41,670.00 to provide Fundamental and Enhanced Commissioning Authority services relating to the Community Center Project. Background Summary: This is a contract for Building Commissioning Services as required for participation in the LEEDO Program and the Puget Sound Energy Grant Program. S0105-1 A3.16.6, 04.4.13 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. 0 Community Center 0 Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heineman Meetin Date: Janua 5, 2009 Item Number: V.C.1 AUBURN *MORE THAN YOU 1CvtAGiNED E:WGENDA\S0105-1 B CP0607 BudgetStatusSheet.xls BUDGET STATUS SHEET 1 of 1 Project No: CP0607 Project Title: Building Commissioning Services for Community/ Activity Centers Project Manager: Steven Burke * Initiation/Consultant Agreement Initiation Date: 0 Permision to Advertise Date: December 29, 2008 Advertisement Date: 0 Contract Award Award Date: Q Change Order Approval Q Contract Final Acceptance The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budaeted (Funds Availablel Funding Prior Years 2007 2008 Future Years Total 321 FUND - Community Center 570,798 570,798 0 0 Total 0 0 570,798 0 570,798 Estimated Cost (Funds Needed) Activity Prior Years 2007 2008 Future Years Total Design Engineering - City Costs p Design Engineering - Consultant Costs 41,670 41,670 Property Acquisition p Property Acquisition - Consultant Costs p Construction Estimate p Project Contingency (15%) p Other -(Indicate what it is) p Construction Engineering - City Costs p Construction Engineering - Consultant Costs p Total 0 0 41,670 0 41,670 in the Budget Status Sections indicates Money the City has available. CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this day of , 2008, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Keithly Barber Associates, Inc., 14237R Ambaum Blvd. SW, Burien, WA 98166 hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of General Construction, and is in need of services of individuals, employees or firms for building commissioning work on said project; and, WHEREAS, the City desires to retain the Consultant to provide certain services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference, with that degree of care and skill ordinarily exercised under similar conditions by professional consultants practicing in the same discipline at the same time and location. (The tasks described on Exhibit "A" shall be individually referred to as a"task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other Page 1 of 8 Agreement for Consultant Services respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. Cit 'sponsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard in accordance with paragraph 1 herein and which is acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City a monthly invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice ar statement, and shall remit payment to the Consultant 30 days thereafter receipt of invoice and in the normal course, subject to any conditions or provisions in this Agreement or addendum. Page 2 of 8 Agreement for Consultant Services Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "C" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date of receipt by the Consultant, of a written Notice to Proceed and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "C" attached hereto, unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. The City understands and agrees that it shall not use the work product of Consultant for other purposes than intended under this agreement, or under an Addendum, without the prior written permission of the Consultant. Otherwise, such uses shall be at the City's or User's sole risk and without any liability to Consultant. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by Kent Barber, Principal on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Steven Burke, Project Mgr. Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 876-1946 FAX (253) 333-8890 E-Mail: sburkea,auburnwa.gov Consultant Keithly Barber, Inc Kent Barber, Principal 14237R Ambaum Blvd. SW Burien, WA 98166 (206)835-8254 FAX (206)246-1691 E-Mail: kent@keithlybarber.com Page 3 of 8 Agreement for Consultant Services 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. Consultant shall not be responsible for damages arising from any delays for causes beyond it's reasonable control. Such causes include force majeure events, acts of God, strikes, severe weather disruptions, riots terrorist acts, wars, or failure of any government agency to act in a timely manner. If the delays resulting from such causes increase the cost, or time required by the Consultant to perform its services, then Consultant shall seek an equitable adjustment in schedule and/ or compensation. Neither party herein shall be liable to the other for special, indirect, incidental or consequential damages of any nature arising out of, or related to the performance of this agreement, whether founded in negligence, strict liability, warranty or breech of contract. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1,000,000. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Page 4 of 8 Agreement for Consultant Services 15. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including reasonable attorney fees, to the extent of any negligent acts, errors or omissions of the Consultant, its officers, agents, employees, or any of them in the performance of this Agreement except for injuries and damages caused by the negligence of the City. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. Consultant's duty to defend hereunder shall be to the extent of their negligent acts, errors or omissions. 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. Page 5 of 8 Agreement for Consultant Services 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Page 6 of 8 Agreement for Consultant Services IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Peter B. Lewis, Mayor Attest: Danielle E. Daskam City Clerk CONSULTANT Name: Kent Barber Title: Principal Page 7 of 8 Agreement for Consultant Services STATE OF WASHINGTON COUNTY OF ) ) ss. ) ON THIS day of , 200 , before me, personally appeared and , to me known to be the and of the Contractor, the party(ies) who executed - the corporation/company that executed the within and foregoing instrument, and acknowledged said instrument to be his/her/their the free and voluntary act and deed of said corporation/company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN under my hand and official seal this day of 200_ NOTARY PUBLIC in Washington, residing at _ My Commission Expires: and for the State of Page 8 of 8 Agreement for Consultant Services CITY OF AUBURN AGREEMENT FOR CONSULTANT SERVICES EXHIBIT A SCOPE OF WORK Provide Fundamental and Enhanced Commissioning Authority Services for the City of Auburn Community Center Project and Activity Center Project, located at Les Gove Park, Auburn, Washington as described in the Design Development documents submitted by BLRB Architects, Inc. and the Mechanical Narrative submitted by Stantec, Inc. A. Assumptions 1. The Consultant shall be a member of the Building Commissioning Association and conducts all commissioning related work in compliance with the BCA's Essential Attributes of Building Commissioning Document. The Consultant shatl also be a member of the U.S. Green Building Council. 2. This proposal is based on the services and deliverables required by the USGBC LEED NC 2.2 program for the Fundamental Commissioning prerequisite and the Enhanced Commissioning credit. 3. The Consultant shall directly copy all commissioning correspondence and documentation to the owner. 4. The Community Center portion of the project is 22,100 square feet of new construction. The 9,910 square foot Activity Center portion is new construction attached to an existing Parks & Recreation Administration Building. The intent is to certify as LEED silver for both. a. Total estimated construction cost 1) Community Center = $ 7,864,611 2) Activity Center= $ 3,716,595 3) TOTAL = $11,581,206 b. Estimated mechanical construction allowance. Mech. = HVAC, Plumbing, Fire protection. 1) CC = $ 840,000 2) AC = $ 190,000 3) TOTAL 1,030,000 Page 1 of 9 Exhibit A- Scope of Work c. Estimated ELECTRICAL construction cost. 1) CC = $ 421,791 2) AC = $ 203,924 3) TOTAL 625,715 5. HVAC/energy highlights for the projects are: a. Community Center 1) Natural ventilation in lobby/corridors/gallery/activity rooms + radiant floor heating 2) Ground Source Heat Pumps 3) "Slinky" ground heat exchanger 4) Chilled beam HVAC in office spaces 5) Premium efficiency motors 6) Daylighting dimmer controls b. Activity Center 1) Condensing boilers 2) Radiant floor hydronic heating 3) Passive cooling (natural ventilation) 4) Minimum ventilation control via C02 monitors 5) Day-lighting dimmer controls 6. The extent and complexity of the mechanical systems are in accordance with the Design Development Mechanical Design Narrative, prepared by Stantec Consulting and dated August 11th, 2008. A design narrative for the lighting control systems was not available for this proposal. 7. Both projects will be designed and built concurrently by the same owner, design and construction teams (including sub contractors). Construction will be done in a single phase. Therefore: a. The same commissioning process plan will be shared by both projects b. The same commissioning meetings and site visits will be shared by both projects c. A single design submittal review report may be provided by both projects. Issues will be separated by project. d. The post-occupancy review required for the LEED Enhanced Commissioning Credit will be performed at the same time for both projects 8. Scheduling milestones are as follows: a. The project has just passed the 50% mark of the Design Development phase b. CD is scheduled from 9/01/08 thru 1/31/09. Page 2 of 9 Exhibit A- Scope of Work c. There is a 75% contract document code review with the City scheduled for mid December 2008 (exact date not yet established). It is anticipated that the design submittal review by the Consultant (as required for the LEED Enhanced Commissioning Credit) will be performed at this time. Commissioning specifications will be provided by the Consultant after this review. d. Construction begins 4/2009. e. Final completion 6/2010 9. Factors that affect the level of construction phase commissioning effort may be developed during design phase. It is therefore, recognized that the construction phase Consultant's fee will be reviewed at the end of design phase. 10. The Basis of Design document (BOD) for both projects is complete. Owner will complete Owner's Project Requirements documentation (OPR) 11. Both buildings may participate in the Puget Sound Energy New Construction Commissioning Grant Program. This proposal is based on the Puget Sound Energy document entitled "NEW CONSTRUCTION COMMISSION/NG GRANT, Program Details," document file name H:IBusiness Energy ManagementlCommercial Programs1251 New Construction120081PSE NC Commissioning Program 5-27- 08. doc B. Systems and Equipment within the Base Commissioning Scope of Work In accordance with USGBC LEED NC 2.2 commissioning requirements, the systems within the commissioning scope of work are: 1. Heating, ventilating and air conditioning systems and controls 2. Lighting controls 3. Domestic hot water heating, pumping, and mixing controls Please note that if the project includes renewable energy systems it is a LEED requirement to commissioning those systems. The project does not include renewable energy systems; therefore, renewable energy systems are not included in this scope of work. C. Services and Deliverables The following services and deliverables shall be provided by the Consultant as the Commissioning Authority: 1. The Consultant shall hold a design phase commissioning kickoff meeting to present the commissioning plan to the project team, emphasizing the process and team member roles. 2. Provide a Commissioning Process Plan. Initially the Commissioning Plan emphasizes the commissioning process and team member roles. It develops through the project as follows: Page 3 of 9 Exhibit A- Scope of Work a. A description of the commissioning process - provided during early design b. A description of the commissioning team and the roles of its members - provided during early design. c. A complete list and description of atl equipment and systems scheduled to be commissioned - added at the end of Design Development Phase; updated at completion of the construction documents. 3. Review the owner's project requirements (OPR), the AE's Basis of Design Documentation (BOD), as a part of the design submittal review. Provide one back-check of at the commissioning design submittal review to confirm that the review issues were addressed. It is important to understand the highly significant roles of the Owner's Project Requirements and Basis of Design documents relative to the LEED commissioning requirements. Requirement 2 for the LEED NC 2.2 Fundamental. Commissioning perquisite is as follows: "The Owner shall document the Owner's Project Requirements (OPR). The design team shall develop the Basis of Design (BOD). The Consultant shall review these documents for clarity and completeness. The Owner and Design team shall be responsible for updates to their respective documents." 4. Provide a commissioning review of one design submittal, and one back-check of the nearly completed construction documents to verify that the review issues were addressed. The focus of the commissioning reviews shall be for compliance with the OPR and basis of design documentation; and for issues pertaining to long-term performance and maintenance of components, equipment and systems within the commissioning scope of work; the ability to commission the components, equipment and systems, and the ability to perForm future diagnostics and re-commissioning. Written review comments will be provided. The Design Team and owner's representatives respond to the comments in writing. If necessary to resolve the issues, the Consultant, AE and Owner meet and discuss the written responses. In order to obtain the Enhanced Commissioning Credit (EA Credit 3) under LEED NC 2.2, the following requirement must be satisfied: "The Consultant shall conduct a minimum of one commissioning design review of the OPR, BOD and the design documents prior to mid-construction documents phase and back- check the review comments in the subsequent submission." The intent is for the review to occur after the systems have been fully determined, and the functional requirements and sequences of operation are fully documented in the plans and spec, but early enough to resolve and cost effectively incorporate commissioning review comments into the bid documents. Because the project goal is to obtain the Enhanced Commissioning Credit (EA Credit 3) under LEED NC 2.2, the content and timing of the design submittal to be reviewed must be understood and determined early in the process. At a minimum the design submittal for commissioning review should include: Page 4 of 9 Exhibit A- Scope of Work a. At a minimum, the design submittal for the commissioning review should include: 1) Updated OPR 2) Updated Basis Of Design Document, including basic design criteria and assumptions 3) Narrative system descriptions 4) 1-line schematic system flow and control diagrams 5) Detailed sequences of operation including control logic and control systems integration information required to implement the design intent 6) Floor plans showing HVAC and lighting system zoning 7) Equipment schedules 8) HVAC, electrical, structural and architectural details 9) Project Specifications. 5. Provide the commissioning specification sections and verbiage to integrate commissioning into related sections of the specifications. 6. Lead a construction phase commissioning kickoff meeting with the Owner, Design Team and Contractors to discuss issues related to the proposed commissioning process. 7. Review the submittals of major equipment and systems included in the commissioning scope of work, and provide one back-check of re-submittals to verify that the review issues were addressed. The focus of the commissioning reviews shall be for compliance with the design intent and basis of design documentation; and for issues pertaining to long-term performance and maintenance of components, equipment and systems within the commissioning scope of work; the ability to commission the components, equipment and systems, and the ability to perform future diagnostics and re-commissioning. This review will be performed concurrently with the AE review. It shall be the responsibility of the AE to integrate the Consultant's comments into the AE review. 8. During construction, provide a commissioning issues log. This list shall be maintained and updated on a regular basis during the entire commissioning process. 9. PerForm 8 on-site observations during the construction process. The purpose of these observations will be to identify issues related to long-term performance and maintenance, and the ability to commission components before they are repeated throughout the project. A site observation report will be provided to the owner within 48 hours after each site visit. After receiving owner approval, the Consultant will distribute the report to the Contractor and AE. All issues discovered during site observations shall be logged and tracked by KBA until resolved. This proposal includes back-checking logged commissioning issues one time, after the Consultant has received written notification from the Page 5 of 9 Exhibit A- Scope of Work Contractor describing how the issue has been resolved. Additional back-checking needed as a result of a lack of action by the Contractor is not included in this proposal. Upon receiving written authorization, this service may be provided on a time and expense basis. Note: the number of site visits required to comply with LEED requirements is not specifically identified. on the duration of this project. 10. Provide construction phase commissioning meetings as follows: a. In conjunction with the on-site observations (Re: previous service item), conduct onsite commissioning meetings, as needed during the construction process. b. During periods of installation verification and functional testing, meetings shall be held in conjunction with commissioning site work as needed. c. Additional meetings may be attended on a time and expense basis upon written authorization from the client. 11. Provide Systems Readiness Checklists for the contractor to include in their Systems Readiness Plan. 12. Review the Contractors' installation and systems readiness prerequisites for functional testing. The Consultant's scope of work pertaining to these activities shall consist of the following: a. Review the contractor's startup, testing, and TAB plans. Review completed documentation and include them in the final commissioning report. Witness startup of initial heat pumps to observe accepted procedure is followed. Observe startup tech demonstration (Consultant provided FPT) of manufacturer provided components and functions for boilers and 4 heat pumps. Acceptable results must be demonstrated for all demonstrated for all demonstration. If the actual state of the system, equipment, or component is not consistent with the state documented in the readiness form, the FPT will be demonstrated for all similar systems equipment or components. b. Witness the TAB contractor's demonstration of 10% of TAB measurements and settings. Verify recorded data is within specified tolerances and field measurement, is equivalent to recorded data ± repeatability of instrumentation. Proposal assumes specified tolerances are obtainable with standard HVAC TAB equipment. Acceptable results must be demonstrated for all double checked data. If the actual data is not consistent with the acceptance criteria, the contractor may be required to demonstrate the readiness data for all similar systems equipment or components. c. System Readiness Documentation: Page 6 of 9 Exhibit A- Scope of Work 1) The Consultant shall create system readiness forms for the Contractor, which document that the equipment has been provided in accordance with the project requirements and is ready for functional testing. 2) The contractor completes and signs the forms and submits them for the Consultant `s review. 3) The Consultant performs a field double-check of 20% of the contractor's forms at the time of functional testing. 4) Acceptable results must be demonstrated for all double checked forms. If the actual state of the system, equipment, or component is not consistent with the state documented in the readiness form, the readiness forms for all similar systems equipment or components may be double-checked. 13. The Consultant shall provide functional performance test (FPT) procedures utilizing input from the A/E and the Contractor. A description of A/E and Contractor participation in FPT development shall be included in the Commissioning Plan. The Consultant shall include language in the project specifications that requires the Contractor's participation in developing the working FPTs. 14. The Consultant shall witness the Contractor's demonstration of the functional perFormance test (FPT) procedures. When identical software programming is used to control multiple similar systems, functional perFormance testing shall be perFormed on a random selection of 20% of the equipment, and at least 3 systems, which shall be chosen by the commissioning agent at the time of the test demonstration. BAS mapping and real-time performance for all systems must be demonstrated via trend logging. Scheduling and coordinating the Contractor's participation in functional performance testing shall be the responsibility of the Contractor. If the functional test demonstrations do not confirm the acceptance criteria, the contractor will be required to resolve the issues and demonstrate the FPTs again. For systems that were sampled, the contractor may be required to demonstrate the FPTs all similar systems equipment or components All issues discovered during functional testing shall be logged and tracked by the Consultant until resolved. 15. Review the Contractor's owner training plan to verify compliance with the specifications. Provide supporting specifications verbiage. Contractor shall provide owner's staff with training documentation forms to be completed by owner and shall be included in the final commissioning report. Page 7 of 9 Exhibit A- Scope of Work 16. After commissioning has been completed, provide the Final Commissioning Report in compliance with LEED Commissioning requirements and the BCA's Essential Attributes of Building Commissioning (1999). Three hard copies shall be provided along with three compact disk (CD) copies. After the final report has been submitted, sign LEED commissioning template letters. a. The report shall consist of the following: 1) An executive summary summarizing the overall process as it was performed and the operating condition of the systems at the time of functional test completion. 2) A summary of how the project benefited from commissioning. 3) The as-perFormed Commissioning Process Plan. 4) Documentation of the O& M's and training reviews 5) The commissioning issues log, which summarizes deficiencies that were discovered and the measures taken to correct them; including uncorrected operational deficiencies that were accepted by the owner. 6) A description and estimated schedule of deferred testing, if required. b. In addition to the final report an appendix will be provided on compact disk (CD). Three CD's will be provided. The content of the appendix shall be as follows: 1) Reports that document all commissioning field activities as they progressed. 2) Comments and resolutions from commissioning reviews of design documentation and construction submittals. 3) Minutes of commissioning meetings 4) Functional test procedures and results. c. The Contractor shall provide their Systems Readiness Manual, in accordance with Consultant provided commissioning specifications. The spec shall require the manual to include copies of completed data entry forms related to installation verification and start-up procedures. 17. Provide a Systems Manual in compliance with the requirement for the LEED Enhanced Commissioning credit. The Systems Manual is compiled by the Consultant but includes documentation provided by the contractors: a. Documentation of the owner's design intent and the AE basis of design, as provided by the owner and AE. b. Systems one-line schematics (provided to Consultant by contractors from the record drawings). c. Record sequences of operation (provided to Consultant by contractors from record controls submittal). d. Integrated building systems descriptions and special operating instructions (by Consultant). e. Recommended re-commissioning schedule (by Consultant). f. Recommended re-calibration schedule (provided to Consultant by contractors from manufactures, complied by Consultant). g. Re-commissioning FPTs (by Consultant). h. Date major equipment placed into continuous operation, date of most recent Page 8 of 9 Exhibit A- Scope of Work servicing, and manufacturer's recommended dates for next servicing (provided to Consultant by contractors from manufacturers, complied by Consultant). 18. Near the end of the warranty period, the Commissioning Authority shall provide a post-occupancy review in compliance with the requirement for the LEED Enhanced Commissioning credit. 19. Provide reporting documentation for PSE Grant as described under Reporting /Documentation Requirements in the Puget Sound Energy document entitled "NEW CONSTRUCT/ON COMMISS/ON/NG GRANT, Program Details," document file name H:IBusiness Energy ManagementlCommercial Programs1251 New Construction120081PSE NC Commissioning Program 5-27- 08. doc. Page 9 of 9 Exhibit A- Scope of Work CITY OF AUBURN AGREEMENT FOR CONSULTANT SERVICES EXHIBIT B COMPENSATION Consultant shall provide services as described in the scope of work (Exhibit A) for a not-to-exceed fee of $ 41,670.00 Auburn Community Center Project $ 29,516.00 Auburn Activitv Center Project $ 12,154.00 TOTAL $ 41,670.00 Consultant shall invoice monthly for services and expenses completed during that month. Compensation for Additional Services: Additional Services Labor and Expenses Rate $/Hour Services and travel time Principal working on the project or Senior Project Manager $120 Senior Project Engineer $110 Project Engineer $105 Technical Support Engineer $95 Clerical Support $65 Mileage Current IRS rate Page 1 of 1 Exhibit B- Compensation CITY OF AUBURN AGREEMENT FOR CONSULTANT SERVICES EXHIBIT C DURATION OF AGREEMENT Upon receipt of a written Notice to Proceed, the Consultant shall complete all services as described in the scope of work (Exhibit A) within 730 calendar days. Page 1 of 1 Exhibit C- Schedule