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Home My WebLink AboutCORRESPONDENCE - RFP - 8668 BUILDING ENERGY MODELING SERVICES (2)10/23/2020 City of Fort Collins - East Park Shop Commissioning Services Proposal JULY 24, 2020 Photo by University of Wyoming Mountain Region 16025 TABLE MOUNTAIN PARKWAY, SUITE 100 • GOLDEN, COLORADO 80403 • 303.215.4040 • MCKINSTRY.COM CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES FEE PROPOSAL July 24, 2020 Stu Reeve, CEM Energy Manager City of Fort Collins, Operations Services sreeve@fcgov.com 970.221.6274 RE: EAST PARK SHOP CX, BECX, AND ENERGY MODELING QUOTE Dear Mr. Reeve, We are delighted at the prospect of providing commissioning (Cx) services for the East Park Shop. The McKinstry Cx team knows the right practices to keep this project on schedule and within budget while ensuring equipment performance and design intent is met. McKinstry understands this project to be a LEED Gold 5,600SF sing story facility with office and shop space that will undergo energy modeling, building envelope commissioning and MEP commissioning. Our Cx team will be focused on providing a high level of assurance that the building’s systems are engineered, installed, and are functioning according to the design intent and optimized to ensure the lowest ongoing operational and utility cost. This will involve collaboration with the entire project team beginning in the design development phase, extending through the acceptance phase and continued through post-occupancy seasonal testing. We look forward to partnering with you, and we are dedicated to assisting with the delivery of a successful project. If you have any questions or want to discuss our proposal in more detail, you can reach me at 720.470.7268 or patco@mckinstry.com. Sincerely, Patrick Corrigan, CxA │ New Construction Commissioning Program Manager 720.470.7268 │ patco@mckinstry.com CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES FEE PROPOSAL | 3 East Park Shop| Commissioning Services Proposal Commissioning Project Overview The key to McKinstry’s Cx program approach is the ability to define the desired outcomes of our clients and provide a process that assures these outcomes will be met. While our experienced and capable staff is the key ingredient to achieve this, we have put in place a system of quality assurance to provide added measures of discipline to our project delivery. Our Cx team takes a detailed, hands-on approach that will create additional value for the City of Fort Collins and the entire project team. Our Cx team has successfully implemented Cx plans for many projects over the years and has extensive knowledge of project requirements and objectives. Our desire is to go beyond our typical Cx approach, be a true team player, and work toward project solutions collaboratively each day we are on-site, and throughout the entire life of the project. We plan to work hand-in-hand with subcontractors to ensure performance, and to help troubleshoot and fix problems promptly to ensure we not only deliver a high- performing, energy-efficient building, but we do not sacrifice our project schedule. SCOPE OF SERVICES FOR COMMISSIONING MEP Commissioning: Design x Cx Specifications x Review of OPR/BOD x Cx Plan to Meet LEED V4.1 Gold Certification x Attend One Design Charrette (August 2020) x 50%, 90%, 100% CD Design Review/Energy Modeling Review x Air Barrier Test Plan to Meet LEED V4.1 Gold Certification and City Building Code x LEED Certification Coordination Construction x Cx Scoping Meeting x Submittal Reviews and Controls Meeting x Construction Observations and Meetings x Review of Pre-Functional Check-lists x Functional Performance Test Procedures x Point to Point Checkout x Startup, Functional Testing and TAB Review x Issues Log Management x Air Barrier Testing to Meet LEED V4.1 Gold Certification and City Building Code x O & M Manual Review x Training Review and Attendance x Final Cx Report x LEED Certification Coordination CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES FEE PROPOSAL | 4 East Park Shop| Commissioning Services Proposal Post Occupancy x Seasonal Testing x Warranty Review x Systems Manual x LEED Certification Coordination Building Envelope Commissioning: x 50%, 90%, 100% CD Design Review x Air Barrier Test Plan to Meet LEED V4.1 Gold Certification and City Building Code x Attend One Design meeting x Three site observation visits Energy Modeling: Design x Follow LEED V4.1 Gold Certification Criteria x Attend One Design Charrette (August 2020) x Energy Modeling Kickoff Meeting x Review Drawings and Specifications x Review of OPR/BOD x Building Massing Scheme Analysis x Energy Analysis of a Minimum of 2 Architectural and Mechanical Systems x Lighting Design Analysis x Net-Zero/Net-Positive Renewable Energy Analysis x Compare Energy Model to Initial Design Goals, ENERGY STAR, and ASHRAE 90.1 2018 if Applicable x SD, DD, and 100% CD Energy Modeling Reports (LEED V4.1 Gold Certification Requirements) x LEED Certification Coordination Construction x Review 100% CD Drawings and Specifications x Energy Rebate Opportunity Analysis Through the City of Fort Collins Utilities x LEED Certification Coordination Post Occupancy x Compare Actual Performance vs. Energy Modeling Prediction as Requested CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES East Park Shop | Commissioning Services Proposal Fee Proposal LUMP SUM Our lump sum base bid for services as described in the scope of work is provided below. MEP Commissioning Services......................................................................................................$7,049.00 Energy Modeling Services ......................................................................................................... $12,867.00 Building Envelope Commissioning Services .................................................................................$5,184.00 TOTAL FEE W/10% DISCOUNT IF AWAREDED ALL SERVICES ....................................................$22,590.00 MCKINSTRY HOURLY RATES Our hourly rates to be used in qualifying any additional services requested by the owner are listed below and are subject to standard inflation in 2021. Commissioning Commissioning Technician ...................................................................................................... $115.50/Hr Commissioning Engineer ......................................................................................................... $137.50/Hr Sr. Commissioning Engineer .................................................................................................... $159.50/Hr Commissioning Lead ................................................................................................................ $159.50/Hr Commissioning Manager ......................................................................................................... $192.50/Hr Construction Administration & Support Services Business Operations Coordinator .............................................................................................. $99.00/Hr CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES East Park Shop | Commissioning Services Proposal Terms and Conditions PERFORMANCE OF WORK McKinstry shall perform the scope of work (“Work”) specified herein. McKinstry shall furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work. PAYMENTS Customer shall pay McKinstry the compensation specified herein (“Price”) for the value of Work that McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within fifteen (15) days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and unpaid from the date due. WARRANTIES Customer shall receive a one (1) year warranty that covers labor and materials provided by McKinstry as part of the Work. This warranty commences on the date that the portion of the Work warranted is substantially complete. However, McKinstry makes no warranty whatsoever regarding components of the Work provided by third parties, and in such case the terms of the third party’s warranty, including manufacturers’ warranties, if any, shall apply between Customer and the third party. The warranties in this section are exclusive and in lieu of all other warranties, whether express or implied. TERMINATION Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case, the rights and obligations of each Party that arose prior to the termination date shall survive such termination. DISPUTES In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to completion. CHOICE OF LAW, VENUE The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is performed. FORCE MAJEURE Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party’s performance is prevented by an event or events that are beyond the control of such party, including but not CONFIDENTIAL & PROPRIETARY COMMISSIONING SERVICES East Park Shop | Commissioning Services Proposal limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism. NO WAIVER No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver. INTELLECTUAL PROPERTY Intellectual property provided by McKinstry to Customer as part of the Work are instruments of service owned by McKinstry and are not “work made for hire” as such term is defined under U.S. copyright law. When the Work is performed to completion, McKinstry grants to Customer a limited license to use the Intellectual Property to operate, maintain, renovate, and manage the subject matter of the Work. DAMAGES LIMITATION Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory, even if a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price. INDEMNIFICATION McKinstry shall indemnify and hold harmless Customer from and against all third-party claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising from McKinstry’s performance of the Work, but only to the extent caused by the negligent acts or omissions of McKinstry. SEVERABILITY, SURVIVAL If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation that most accurately reflects the Parties’ intentions. AMENDMENT This agreement may not be amended except pursuant to a written amendment signed by an authorized signer of each Party. COMPLETE AGREEMENT This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements between McKinstry and Customer as to the Work are superseded by this agreement.