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4.4 SR 04-18-2022 Request for Action To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent April 18, 2022 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Commissioning Services for Fire Station 3 Gary Lore, Building Maintenance Supervisor Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, a proposal for commissioning services for Fire Station #3 with Alternate #1 for a total amount of $19,750. Background/Discussion Commissioning was highly recommended by the project architect and building maintenance supervisor to ensure all lighting and HVAC system components were installed correctly, meet specifications and function according to the approved design at Fire Station #3. Financial Impact Project Fund Mission/Policy/Goal  Meet changing needs - Agile Attachments  Proposal for Commissioning Services for Elk River Fire Station 3 – KFI Engineers The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 4.12.22 Brandon Wisner via email: bwisner@elkrivermn.gov Engineering Project Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Proposal for Commissioning Services Elk River Fire Station 3 Cx st 9921 191 Ave, Elk River, MN 55330 KFI Proposal # P22-0559 Dear Mr. Wisner, KFI Engineers (KFI) is pleased to provide this proposal for Commissioning services on the above referenced project. This proposal outlines our scope of work and associated compensation. This proposal is valid for 45 days from the proposal date. PROJECT UNDERSTANDING This project consists of a new 17,489 square foot Fire Station which includes vehicle bays, offices, training rooms and a training tower for the City of Elk River. The city is looking for commissioning services from the equipment startup phase through the one-year warranty period. Equipment startups will begin in May of 2022. BASIC SERVICES SCOPE OF WORK KFI will commission the following systems: 1. HVAC Systems and Associated Controls RTU MAU VAVs (10) Boilers (2) and Pumps In-Floor Heat Split System Furnace Unit Heaters (14) Fans (11) Radiant Panels & FTRs Test & Balance Review 2. Lighting & Lighting Controls The commissioning tasks to be performed are: Construction & Acceptance Phases 1-866-534-3647 KFI-ENG.COM Fire Station Cx City of Elk River Page 2 of 6 1. Review project schedule and provide the construction team Cx milestones and task durations for inclusion in the official project schedule. 2. Develop a Commissioning (Cx) Plan. Update the Cx Plan throughout the project. The Cx Plan will identify members of the Cx team, roles and responsibilities of each team member, the Cx schedule, and provide a narrative of Cx tasks. 3. Attend and lead Cx kickoff meeting to assist with Cx coordination. 4. Develop custom construction checklists after all submittals have been approved by the design team. KFI will Verification checks to observe if installation correlates with the details, specifications, and manufacturer requirements. Contractors will complete any contract document required for pre-functional verifications that verify equipment startups, BAS point-to-point verifications and preliminary sequence checks. 5. Perform one (1) construction site visits during the project; During the site visits we anticipate the following tasks: Review contractor progress on the construction checklists. Review equipment and system installations for conformance to the construction documents, industry standards, manufacturer recommendations, and KFI experience. Document deficiencies on observation reports, and forward to the project team for review and action. Conduct commissioning meeting to review progress on Cx tasks (and provide agendas, minutes, etc.). We will coordinate site visits to coincide with regular construction meetings whenever possible to make best use of everyone's time. When we cannot attend construction meetings, we will review meeting minutes and provide comments where necessary. Site visit is anticipated to include: Cx kickoff with contractors Final installation review Witness TAB processes 6. After reviewing and accepting the controls contractor self-testing (pre-functional testing) documents, KFI will execute functional performance testing at the sampling rates identified above. Testing includes the following tasks: Point-to-point verification (including sensor calibrations, input/output verification). Review graphics for accuracy to systems, menu operability, links, and schematic accuracy. Perform sequence testing through a combination of setpoint adjustments, trend reviews, and manual overrides. Perform integrated systems testing. KFI anticipates approximately four (4) trips during this phase to perform functional testing and retesting. 7. Provide one seasonal testing trip of HVAC systems to review sequence testing of equipment under appropriate loads in all seasons. 8. Document functional test deficiencies on the Master Issue Tracking List and assist with project team to verify that corrective actions are performed. After written notification of correction, KFI will retest deficiencies. KFI considers one retest part of the normal scope of work. Additional retests will be at the contractor's expense. 9. Execute a TAB review. KFI's review includes the following tasks: Conduct a TAB coordination meeting to review the TAB Plan with the project team. Witness contractor procedures in the field. Confirm minimum OA flow rates. Randomly sample up to 10% of TAB values in the field at the conclusion of TAB work. Review the completed TAB report. Scope and Fee KFI #P22-0559 Fire Station Cx City of Elk River Page 3 of 6 10. Review O&M manuals and provide comments to the project team. Review equipment warranty information provided in O&Ms. 11. Review contractor training plan for the owner including reviewing and approving training agendas, verifying the execution of the training, and ensuring the training sessions meet the owner's needs. In addition, we will encourage the facility operators to participate in the testing process with KFI. Closeout Phase 1. Provide a final commissioning report in PDF format at the conclusion of the project: Provide a summary of the commissioning process (including a summary of any open issues & associated documentation), a building/system description, review of the tasks executed, and a brief summary of the testing methods executed for future reference by the owner. Include all commissioning documentation from the tasks identified above. Provide a summary of equipment deficiencies with regards to: performance/efficiency, executed documentation, and training. Provide recommendations for any of the systems. 2. Provide a warranty review walk- ALTERNATES Alternate #1 Blackout Test: KFI has found it beneficial to perform a blackout test of the building electrical. Performing this test will verify if emergency power and lighting is performing correctly. It will also bring out any unseen issues when the building power is turned back on. Some issues that can be found are controls not turning on for the automation, VFD power issues, security access, among many other items. Please note that this test would need to be contractor led, KFI would witness the HVAC and lighting systems. KFI recommends subcontractors to be coordinated for systems such as security, life safety, etc. KFI proposes to create a procedure and checklist of systems, review it with the project team, and execute the plan with the project team. CLARIFICATIONS 1. Distrib forms or web-tools. We have not included time for reformatting our documents into other software platforms. COMMISSIONING DELIVERABLES 1. Commissioning Plan 2. Construction Observation Reports 3. TAB Review Comments/Results 4. Master Issue Tracking List 5. O&M Review Comments 6. Warranty Review Comments 7. Final Report (including testing results) COMPENSATION Basic Services Fee For the Basic Services Scope of Work described above, the Client shall compensate KFI as follows: Scope and Fee KFI #P22-0559 Fire Station Cx City of Elk River Page 4 of 6 Fixed Fee in the amount of $17,750. Included in the Fixed Fee amount are subcontracted consultant costs, travel and production expenses. Alternate #1 Blackout Test: KFI proposes this alternate defined above for a Fixed Fee of: $2,000. Additional Services KFI may be requested by the Client to provide additional services which are in addition to the Basic Services Scope of Work. The Client will compensate KFI for these additional services on a Time and Material basis at and at 1.1 times the cost to KFI of consultants and at 1.1 times the cost of reimbursable expenses. Such compensation will be over and above any maximums set forth above. When any portions of the Project are deleted or otherwise not constructed, compensation for those portions shall be payable to the extent services are performed on those portions. Invoicing will occur on a monthly basis, payment terms are net 30 days, no retainage. If you find this proposal acceptable, please sign and date this letter and return a copy to our office. Terms and Conditions is attached. Thank you for the opportunity to provide commissioning services for this project. Please contact me at (651) 771- 0880 if you have any questions. Respectfully submitted, KFI Engineers Accepted By: City of Elk River ________________________________ ____________________________________________ Matthew Swanson, P.E. Brandon Wisner Date Commissioning Engineer Engineering Project Manager Alternate #1 Accepted: __________________ Rejected: __________________ Attachments: KFI Terms and Conditions Scope and Fee KFI #P22-0559 Fire Station Cx City of Elk River Page 5 of 6 TERMS AND CONDITIONS 1. Acceptance of Proposal: The attached proposal for professional services, together with these terms and Proposal it. CLIENT may accept this Proposal within 45 days after the date of this Proposal by returning a fully-executed Agreement CLIENT does not accept this Proposal within the 45 days after the date of this Proposal, it shall expire and shall no longer be binding. No changes to this Proposal will be binding on KFI unless KFI accepts them in writing. 2. Change Requests and Change Orders: This Agreement may not be modified except in writing. If CLIENT wishes to modify the scope of work described in this Agreement, CLIENT must submit a written work scope change request. KFI will respond promptly by stating in writing what effect, if any, the request will have on the price Professional Services If KFI and CLIENT agree on a work scope change request and any adjustment to the price or delivery date, CLIENT and KFI will sign a change request modifying this Agreement. 3. Delays Project delayed for more than 120 days for any Agreement and the Project by delivering a written termination notice to CLIENT, in which case CLIENT will pay KFI for all fees and charges incurred, and all Professional Services completed, through the date of the termination, and neither party shall have any further rights or obligations under or in connection with this Agreement or the Project. 4. Delivery: KFI will make every commercially reasonable effort to complete the Professional Services by the date or dates stated in this Agreement, but KFI SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF ANY DELAY IN DELIVERY OF THE PROFESSIONAL SERVICES. 5. Limit of Liability 6. Cancellation: CLIENT may cancel this Agreement by delivering a written cancellation notice to KFI before the for the time and materials that KFI expended through the date of cancellation. All designs, drawings and specifications shall remain the property of KFI. 7. : All plans, specifications, and other documents KFI retains all ownership and property rights in them regardless whether the Project is completed. CLIENT may retain copies for reference in connection with the use and occupancy of the Project, but KFI does not represent that the documents are suitable for reuse on extension of the Project or on other projects. CLIENT and others shall not use the KFI may withhold in its sole discretion. CLIENT will defend and indemnify KFI from all claims or losses arising out of the unauthorized use of the documents. 8. Insurance comprehensive general insurance and will provide CLIENT with a certificate of insurance upon request. Scope and Fee KFI #P22-0559 Fire Station Cx City of Elk River Page 6 of 6 9. Third-party Indemnification: KFI agrees to hold CLIENT harmless from any claim by any person, firm, corporation, or governmental unit that is caused by or arises out of negligent acts or omissions of KFI. CLIENT agrees to hold KFI harmless from any claim by any person, firm, corporation, or governmental unit that is caused by or arises out of negligent acts or omissions of CLIENT. 10. Resolution of Disputes: Any controversy, claim or dispute arising out of or relating in any manner to this Agreement or the Project shall be resolved as follows: Both parties will first attempt in good faith to promptly resolve the controversy, claim or dispute by negotiations between senior executives of the parties who have authority to settle the matter and who do not have direct responsibility for the administration of the Project. If the controversy, claim, or dispute has not been resolved by such negotiations within 60 days after written request by either party, the matter shall upon written request of either party then be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be experienced in and have knowledge of the professional service(s) discipline KFI has been contracted for. The parties agree that any arbitration hearing shall be held in Saint Paul, Minnesota. Any claim in connection with this Agreement or the Project not made within 2 years after completion of the Professional Services shall be waived. 11. Resolution of Dispute Costs: The prevailing party to any dispute arising out of or relating to this Agreement or the Project shall be entitled to recover its reasonable fees and costs from the other party, including attorney fees and the costs of any arbitration, lawsuit, or other proceeding. 12. Force Majeure: The obligations of KFI and the CLIENT to perform under this Agreement shall be excused during each period of delay caused by matters which are beyond the reasonable control of the party obligated to perform, such as, acts of God, fire, flood and other weather conditions, war, embargo, explosions, riots, laws, rules, regulations and order of any governmental authority. 13. Miscellaneous: This Agreement comprises the final and complete agreement between KFI and CLIENT. It supersedes all previous or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement and shall be binding upon the heirs, executors, administrators, successors and assigns of KFI and CLIENT. Neither KFI nor CLIENT may assign or transfer this Agreement or any rights or interest in this Agreement, and no third party is intended to be benefited by this Agreement. 14. Payment of 10% per annum on the balance due beginning 30 days from the original invoice date. Each invoice from KFI shall be deemed correct, conclusive, and binding on CLIENT unless CLIENT, within 10 days after receiving that invoice, notifies KFI in writing of any claimed inaccuracies, discrepancies, or errors. If CLIENT fails to pay KFI within 30 days after receiving an invoice, KFI shall have the right to cancel this Agreement, in which case CLIENT shall pay KFI for all fees and charges incurred, and all Professional Services performed, through the date of termination. KFI Engineers T & C version 2020 1119 Scope and Fee KFI #P22-0559