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IP #951
For the full report on this improvement project, refer to the City Council agenda packets and/or Planning Commission agenda packets. PROJECT NO. 951 Ice Arena HVAC improvements 2014-125 09/22/14 Res in support of mighty Ducks grant application of $98,700 2015-80 05/11/15 Resolution approving guaranteed energy savings agreement with McKinstry Essention, LLC (improvement project no. 951) 2015-145 09/28/15 Res in support of Mighty Ducks Grant application for $123,900 2016-74 04/25/16 Resolution approving final pay request to McKinstry Essention, LLC for the Phase 1 HVAC improvements at the New Hope Ice Arena (improvement project no. 951) 0� Request for Action April 25, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks & Recreation Agenda Section Consent Item Number 6.9 Agenda Title Resolution approving final pay request to McKinstry Essention, LLC for the Phase 1 HVAC improvements at the New Hope Ice Arena (improvement project no. 951) Requested Action Staff recommends that the City Council approve a resolution to accept the Phase 1 HVAC improvements at the New Hope Ice Arena (project #951) and authorize final payment to McKinstry Essention, LLC in the amount of $3,400. This final payment brings the improvement project total cost to $212,328, which is the amount of the original contract. The project included the replacement of Make -Up Air Replacement Units 1 and 2, the addition of the Power Factor Correction and the temperature control improvements. All necessary paperwork has been received from the contractor including IC 134's. Staff recommends release of the final check. Background After the completion of the energy improvement project at the ice arena in 2012, McKinstry was able to apply for tax credits for the project. A tax credit of $18,542 was received as part of the Energy Policy Act (EPACT), which provides rebates for energy efficiency projects that the city could use for additional McKinstry services and improvements. Staff had identified several issues involving the HVAC system and the air quality in the south part of the arena and in 2014, the City entered into a recommissioning study with McKinstry to further investigate. The concentration of the study was on the building systems in the south part of the arena. As a "hands on" benefit of the study, program controls and the sequence of operations of various pieces of equipment were adjusted to enhance operations — this was included in the cost of the study. The final report detailed a list of repairs or replacement of equipment that is needed. It also included any projected energy savings resulting from the improvements. As staff had suspected, the report confirmed that many pieces of equipment are in need of replacement as they are several years past their life expectancy and no longer working as they should. With the large number of repairs identified, staff determined that the work should be divided into three phases in order to spread out the funds needed. In late 2014, staff applied for and received a Mighty Ducks Grant in order to leverage additional dollars for the first phase of improvements. Replacement of the Make -Up Air Units 1 & 2 will allow for improved air quality in the locker rooms where condensation has been an ongoing issue. The Power Factor Correction will add a capacitor correction to the electrical system to reduce the reactive demand from inductive electrical load. This will greatly reduce the monthly power factor charge by Xcel Energy. The Temperature Control Improvements will allow all of the air handling units, dehumidification system and remaining make-up air units to be controlled electronically. The occupied and unoccupied schedule can be set to reflect the typical occupancy patterns of the facility. I:\RFA\P&R\ARENA\2016\HVAC 1 Final.docx Request for Action, Page 2 In addition to the improvement of the air quality, approximately $12,522 should be realized in annual utility savings. In the fall of 2015, staff applied for, but did not receive an additional Mighty Ducks grant to assist with a Phase 2 project. Now with Phase 1 complete, staff will be meeting with McKinstry engineers to discuss the remaining improvements that are needed and to develop a timeline for completion. Funding This project was included in the 2015 CIP and the 2015 Ice Arena operating budget as shared with the Council during 2015 budget discussions. Funding sources include EPACT Funds, rebates from Xcel Energy and CenterPoint Energy, a Mighty Ducks Grant and the Ice Arena Operating Fund. Funding Source Amount Remaining EPACT Funds $ 8,239 Rebates received for study $ 8,989 Rebates received for project $ 10,375 Mighty Ducks Grant $ 98,700 Ice Arena Operating Fund $ 86,025 Total $212,328 Attachments • Resolution • Final invoice in the amount of $3,400 City of New Hope Resolution No. 2016-74 Resolution approving final pay request to McKinstry Essention, LLC for the Phase 1 HVAC improvements at the New Hope Ice Arena (improvement project no. 951) WHEREAS, the city has entered into a contract with McKinstry Essention, LLC to complete Phase 1 HVAC improvements at the New Hope Ice Arena; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of improvement project #951 and approve final payment to McKinstry Essention, LLC in the amount of $3,400; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to McKinstry Essention, LLC; and, WHEREAS, this project was included in the 2015 CIP and the 2015 Ice Arena Operating budget; and, WHEREAS, the funding source for this project is the Ice Arena Operating budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the completion of improvement project #951 and approve final payment to McKinstry Essention, LLC. 2. That the city manager is hereby directed to authorize the final payment of $3,400 to McKinstry Essention, LLC. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 251h day of April 2016. ti Mayor Attest: "2LI�L� City Clerk I:\RFA\P&R\ARENA\2016\HVAC 1 Final.docx dl tA ins ti ey 1t8 or Your Bnrrdlay City of New Hope Susan Rader, Director 4401 Xylon Ave. North New Hope, MN 5528 Customer PO #: Project Name: Project Location: Contact: Contact Phone #: Billing period: Details New Hope Ice Arena - South Arena Improvements 4949 Louisiana Avenue North, New Hope, MN 55428 Susan Rader 763-531-5152 Final Invoice - April 2016 Energy Services Engineering & Construction Final Billing I ERMS: NET DUE UPON RECEIPT Remit to: McKinstry Essention Attn: Accounting Dept. PO Box 3895 Seattle, WA 98124 206-268-9800 Amount $3,400.00 Subtotal: $3,400.00 Sales Tax ( 0%): $ - Total Due: $3,400.00 Page: 1 of 2 Invoice Date: 4/11/2016 Invoice Number: 20017123 Customer #: 203895 Project #: 200217 New Hope Ice Arena - South Arena Improvements 4949 Louisiana Avenue North, New Hope, MN 55428 Susan Rader 763-531-5152 Final Invoice - April 2016 Energy Services Engineering & Construction Final Billing I ERMS: NET DUE UPON RECEIPT Remit to: McKinstry Essention Attn: Accounting Dept. PO Box 3895 Seattle, WA 98124 206-268-9800 Amount $3,400.00 Subtotal: $3,400.00 Sales Tax ( 0%): $ - Total Due: $3,400.00 MONTHLY BILLING BREAKDOWN : Contract Completed Previously Current $ Line Item Description $ Amount To Date Invoiced Amount Due Replace Make -Up Air Unit 1 & 2 99,163.00 100.00/0 $99,163.00 $99,163.00 $0.00 Power Factor Correction 14,186.00 100.0% $14,186.00 $14,186.00 $0.00 Temperature Control Improvements 98,979.00 100.0% $98,979.00 $95,579.00 $3,400.00 Total Project Value 212,328.00 100.00/0 $212,328.00 $208,928.00 $3,400.00 of1!! ry P.O. Box 24567 Seattle, WA 98124 (206)762-3311 FROM: MCKINSTRY COMPANY 5005 3RD AVE SOUTH SEATTLE, WA 98134 PROJECT: City of New Hope PH II CONTACT: AccountsReceivable(a-)McKinstry.com CONTACT: PHONE: 206-762-3311 PHONE: CONDITIONAL RELEASE The undersigned does hereby acknowledge that upon receipt by the undersigned of a check from (Name of Firm writing check) City of New Hope in the sum of $ 3,400.00 and when the check has been properly endorsed and has been paid by the bank upon which it was drawn, this document shall become effective to release pro tanto any and all claims and rights of lien which the undersigned has on the above referenced job. This release covers full payment for labor, services, equipment, materials furnished and/or claims through (Date:) 4/30/16 only and does not cover any retention or items furnished after that date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF WASHINGTON THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. Signature: 1 Title Dated this 11 h day of April, 2016 Seattle, WA Sub cribed and sworn before me this 11th day of April, 2016 �—+ L ct a (NcUry Public Signature) State of: Washington County of: King My commission expires: LI -1 Cil– _)_ of UNCONDITIONAL RELEASE The undersigned does hereby acknowledge that the undersigned has been paid and has received progress payments in the sum of $ 188,554.64 for labor, services, equipment or materials furnished to the above referenced job and does hereby release pro tanto any and all claims and rights of lien which the undersigned has on the above referenced job. This release covers all payment for labor services, equipment, materials furn- ished and/or claims to the above referenced job through: (Date:) 11/30/15 only and does not cover any retention or items furnished after that date. NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCON- DITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCU- MENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF WASHINGTON THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. Signature: Title Dated this 11 h day of April, 2016 Seattle, WA ♦♦11111111! ♦ �A A(/ i �: 'sSi0iV 44 ..� V \oTAR V jp ; 200217 PUB00 % ���,9 •. •06.19.2p2�. •G �: MINNESOTA- REVENUE Contractor Affidavit IC134 This Contractor Affidavit must be certified by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. For more detailed information, see the instructions on the back of this form. Please type or print clearly. This information will be used for returning the completed form Company name Daytime phone ' McKinstry Essention LLC Address 1763-767-0304 Total contract amour 5005 3rd Avenue South $ 212,328.00 ' City State ZIP code Amount still die Seattle WA 98134 --------------- j $ 23,773.36 Minnesota tax ID number 2847096 lonth/year work began 07/13/15 04/2016 Project number Project location 200217-002 New Hope Ice Arena o " Project owner Address city State ZIP code a ,o City of New Hope 4949 Louisiana Ave N New Hope MN 55428 Did you have employees work on this project? X Yes No. If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Address Prime contractor -4f you subcontracted out any work on this project, all of your subcontractors must submit their own Contractor t= Affidavits and have them certified by the Department of Revenue before you can submit your Contractor Affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified Contractor Affidavit. If you u need more space, attach a separate sheet. rs :r Business name Address Owner/Officer NAC 1001 Labore Industrial Ct Suite B Vadnad Jon Grad 5D I declare that all Information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to © disclose per Information relating to this project Including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcon- z tracto am a tne contractor and to the contracting agency.act x: signr --� Tit i r Date Mall to: Milhnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Phone: 651-282-9999 or 1-800-657-3594 (TTY: Call 711 for Minnesota Relay). Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this Contractor Affidavit has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval Date (Rev. 4/15) 4/5/2016 https://www.mndor.state.mn.usttp/eservices/ /Retrieve/0/b-A/SPBHYSJxpTFXSIoKiWxEw_?FILE_=Print2 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 2-124-373-056 5 -Apr -2016 11:07:34 AM NORTHERN AIR CORP 41-1508221 nachvac Contractor Affidavit 1605976064 3287106 CITY OF NEW HOPE 200217-001 13 -Jul -2015 25 -Feb -2016 4949 LOUISIANA AVE N, NEW HOPE, MN 55428 $131,978.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withhold ing.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. https:/Nvww.mndor.state.mn.us/tp/eservices/ /Retrievel0lb-NSPBHYSJxpTFXSIoKIWxEw_?FILE= Print2 1/1 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Parks and Recreation May 11, 2015 Public Hearing By: Susan Rader, P&R Director By: Kirk McDonald, City Manager Item No. 7.1 Resolution approving guaranteed energy savings agreement with McKinstry Essention, LLC (project no. 951) Requested Action This is a public hearing to consider a Guaranteed Energy Savings Agreement with McKinstry that will include HVAC energy improvements to the New Hope Ice Arena. The City Council has discussed the needed improvements over the last year. The city attorney has prepared the attached resolution approving the agreement, and staff recommends approval of the resolution. Background After the completion of the energy improvement project at the ice arena in 2012, McKinstry was able to apply for tax credits for the project. A tax credit of $18,542 was received as part of the Energy Policy Act (EPACT), which provides rebates for energy efficiency projects that the city can use for additional McKinstry services and improvements. Staff felt that the EPACT rebates should be used toward previously identified issues at the arena. Several of the identified issues involve the HVAC system and the air quality in the south part of the arena. CIP dollars had been estimated by staff for some of the more obvious improvements. However, staff felt that more time was needed to identify the exact causes of the problems before repairs were started. In early 2014, staff met with McKinstry staff to look into the HVAC issues. To save on an hourly expense for an outside company to come in and evaluate the existing ventilation system, McKinstry recommended taking part in a "recommissioning study". The study was paid for with some of the EPACT funds, with no direct cost to the city. In this process, McKinstry engineers reviewed the areas of concern and provided a final report to act as a guideline of improvements that need to be made. This will enable staff to more fully plan and budget the necessary resources. Motion by yi Seeend-by f " To: t d. I:\RFA\P&R\ARENA\2015\R-approve HVAC Project #951.doc Request for action, Page 2 May 11, 2015 The concentration of the study was on the building systems in the south part of the arena. As a "hands on" benefit of the study, program controls and the sequence of operations of various pieces of equipment were tweaked to enhance operations - this was included in the cost of the study. The final report detailed a list of repairs or replacement of equipment that is needed. It also included any projected energy savings resulting from the improvements. As staff had suspected, the report confirmed that many pieces of equipment need replacement as they are several years past their life expectancy. Some make-up air units are no longer working, while others need many repairs. With the large number of repairs identified, staff determined that the work should be divided into three phases in order to spread out the funds needed. In late 2014, staff applied for and received a Mighty Ducks Grant in order to leverage additional dollars for the first phase of improvements. Phase 1 improvements were identified as: Phase 1 Cost Make -Up Air Unit Replacement 1& 2 $ 99,163 Power Factor Correction $ 14,186 Temperature Control Improvements $ 98,979 Total Project Cost $212,328 The make-up air units were installed in 1996 and provide heating and ventilation. Replacement of the Make - Up Air Units 1 & 2 will allow for improved air quality in the locker rooms where condensation has been an ongoing issue. The Power Factor Correction will add a capacitor correction to the electrical system to reduce the reactive demand from inductive electrical load. This will greatly reduce the monthly power factor charge by Xcel Energy. The Temperature Control Improvements will allow all of the air handling units, dehumidification system and remaining make-up air units to be controlled electronically. The occupied and unoccupied schedule can be set to reflect the typical occupancy patterns of the facility. Approximately $12,522 should be realized in annual utility savings. It is anticipated that the project will not affect ice operations and would be completed by the end of the summer. Recommendation Staff recommends adoption of the resolution approving the guaranteed energy savings agreement with McKinstry. Funding This project is included in the 2015 CIP and the 2015 Ice Arena operating budget as shared with the Council during 2015 budget discussions. Funding sources include EPACT Funds, rebates from Xcel Energy and CenterPoint Energy, and a Mighty Ducks Grant. The remaining amount of $87,016 is available in the Ice Arena Operating Fund. The EPACT funds, rebates and arena funding will be used to qualify as the city portion of one-to-one matching funds for the Mighty Ducks Grant. I:\ RFA\ P&R\ ARENA\ 2015 \ R -approve HVAC Project #951.doc Request for action, Page 3 May 11, 2015 Funding Source Amount Remaining EPACT Funds $ 8,239 Rebates received for study $ 8,989 Rebates received for project $ 9,384 Mighty Ducks Grant $ 98,700 Ice Arena Operating Fund $ 87,016 Total $212,328 Attachments • Resolution • Notice of public hearing • Excerpts of the contract: o Pages 1-12 (terms of contract) o Exhibit A2.1 Cost and Savings Summary and A2.2 Work Scope • 2015 CIP listings I:\ RFA \ P&R \ ARENA \2015\R -approve HVAC Project #951.doc City of New Hope Resolution No. 15- 80 Resolution approving guaranteed energy savings agreement with McKinstry Essention, LLC (project no. 951) WHEREAS, the City of New Hope is authorized under Minn. Stat. §471.345, subd. 13 to enter into a guaranteed energy savings agreement with a qualified provider for the purpose of implementing comprehensive utility cost-saving measures to improve the energy efficiency of various municipal facilities within the City so long as the implementation costs will not exceed the amount to be saved in utility and maintenance costs over a twenty year period with said utility and maintenance cost savings guaranteed in writing by the qualified provider, and WHEREAS, the City hereby determines and declares McKinstry Essention, LLC, a Washington corporation is a qualified provider as that term is defined by Minn. Stat. §471.345, subd. 13(c) and is experienced in the design, implementation and installation of energy conservation measures capable of providing significant utility and maintenance cost savings within the City's facilities as outlined in its proposed Guaranteed Energy Savings Agreement, and WHEREAS, McKinstry Essention, LLC has been previously selected as a qualified provider by the City of New Hope for a Guaranteed Energy Savings Contract in September of 2011, and WHEREAS, McKinstry Essention, LLC provided a Recommissioning Study for the New Hope Ice Arena South Rink, and WHEREAS, McKinstry Essention, LLC will provide a written guarantee within the Guaranteed Energy Savings Agreement that the City will save $12,522 annually in utility costs, and WHEREAS, the City has duly published notice of its intent to enter into the Guaranteed Energy Savings Agreement with McKinstry Essention, LLC as required by Minn. Stat. §471.345, subd. 13(c) and the City Council hereby determines it is in the best interests of the City to enter into the Guaranteed Energy Savings Agreement with McKinstry Essention, LLC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The Guaranteed Energy Savings Agreement By and Between City of New Hope and McKinstry Essention, LLC attached to this resolution is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to sign the Agreement. 3. The City Manager and/or the Manager's designee are hereby authorized and directed to take all necessary and appropriate steps for the successful implementation and completion of the Agreement. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 111h day of May 2015. I: \ RFA \ P&R\ ARENA \ 2015 \ R -approve HVAC Project k951.doc Kathi emken, Mayor Attest: 9�.t� Valerie Leone, City Clerk I: \ RFA \ P&R \ ARENA \ 2015 \ R -approve HVAC Project #951.doc CITY OF NEW HOPE NOTICE OF PUBLIC HEARING TO CONSIDER CONTRACT WITH McKINSTRY FOR GUARANTEED ENERGY SAVINGS AGREEMENT Notice is hereby given that the City Council of the City of New Hope will meet on May 11, 2015, at 7:00 p.m. at New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota, to hold a public hearing to consider entering into a guaranteed energy savings agreement with McKinstry Essention, LLC, a Washington corporation. The purpose of the Agreement is to implement a comprehensive utility cost -savings measure to improve the energy efficiency of the New Hope Ice Arena -facility. The public hearing is being held pursuant to MN statutes 471.345 subd. 13. Accommodations such as sign language interpreter or large printed materials are available upon request at least five working days in advance. Please contact the city clerk to make arrangements (telephone 763-531-5117, TDD number 711, or 1-800-627-3529). Dated: April 22, 2015. Valerie Leone City Clerk (for publication in the New Hope Golden Valley Sun Post on April 30, 2015) GUARANTEED ENERGY SAVINGS CONTRACT By and Between City of New Hope and McKinstry Essention, LLC This Guaranteed Energy Savings Contract ("Agreement"), is made by and between City of New Hope, with an office 4401 Xylon Ave N, New Hope MN, 55428 ("Client" or "Customer") and McKinstry Essention, LLC., a Washington limited liability company, with its principal place of business at 5005 3`1 Ave. S., Seattle, WA 98134 ("McKinstry"). Client and McKinstry may be referred to as "Party" or collectively as "Parties." RECITALS WHEREAS, the Client is authorized under Minnesota Statutes Section 471.345 subd.13, (the "Statute") to enter into guaranteed energy savings agreements with a qualified provider not exceeding twenty years for the purpose of implementing comprehensive utility cost -savings measures to improve the energy efficiency of a municipal facility provided the cost of implementing the measures will not exceed the amount to be saved in utility operation and maintenance costs over a twenty year period and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the cost of the system; and WHEREAS, McKinstry was selected as a qualified provider by the Minnesota Department of Administration through a Guaranteed Energy Savings RFQ in September of 2012; and WHEREAS, McKinstry has been previously selected as a qualified provider by the City of New Hope for a Guaranteed Energy Savings Contract in September of 2011; and WHEREAS, Client signed the Detailed Engineering Study Agreement on January 8, 2015 for McKinstry to provide a Detailed Engineering Study / Technical Energy Audit at the Client's premises detailed in Exhibit A; and WHEREAS, McKinstry represents that it is qualified, willing and able to responsibly act as guarantor for energy, operational and maintenance cost savings (the "Savings"); and WHEREAS, Client has reviewed the Project Costs and Savings and believes it to be reasonable and accurate; and WHEREAS, Client has published notice of, and held a meeting in which it proposed to award this contract, the names of the parties to this contract, and the contract's purpose; and WHEREAS, McKinstry enters into this Agreement in reliance on Client's representations concerning the appropriateness and validity of the procurement mechanism(s) under which this Agreement is procured and Client acknowledges such reliance by McKinstry; NOW, THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties hereto agree as follows: 1. Definitions, Exhibits and Attachments 1.1. Definitions. The terms defined in this section shall, for all purposes of this Agreement, have the meaning herein specified. "Change" means substitutions, additions, or deletions within the scope of the Agreement as expressly approved in writing by Client. "Completion Date" means the date on which Client issues the Certificate of Completion and Acceptance. "Extra Work" means work outside the scope of this Agreement. "Guarantee Commencement Date" shall be the Completion Date. "Guarantee Term End Date" shall be the date on which McKinstry's guarantee term ends. "Guarantee Year" means each twelve (12) month period during the Term of this Agreement, beginning on the Completion Date. "Measured and Verified Savings" means Utility Cost Savings calculated using utility consumption data recorded by utility meter(s). "Pre -agreed Savings" means Utility Cost Savings calculated using generally accepted engineering methods when actual measurements are impossible or not cost effective. "Total Actual Savings" means the sum of the reconciled Utility Cost Savings, and the Operation and Maintenance Cost Savings. "FIM" means Facility Improvement Measure, and has the same meaning as "Energy Conservation Measure" under the Statute. "Utility Savings" means the difference between the utility consumption under the pre -contract conditions and the utility consumption after the "Work" has been completed under the contract. Utility savings shall be calculated in comparison to an established baseline of utility consumption. "Work" means duties set forth in Section 4 and in Exhibit A. "Working Days" means Monday through Friday excluding Minnesota State holidays. 1.2. Exhibits. The following Exhibits are attached hereto and made a part hereof thereby: ® Exhibit A: Facility Description and Scope of Work ®Exhibit B: Schedule of Payments ® Exhibit C: Certificate of Completion and Acceptance ® Exhibit Cl: Certificate of Substantial Completion for Warranty ® Exhibit C2: Certificate of Project Completion and Acceptance ® Exhibit D: Facility Operating Parameters & Utility Savings Calculation Methods ® Exhibit E: Performance Guarantee ® Exhibit E1: Breakdown of Guarantee Savings ® Exhibit E2: Summary of Guarantee Savings ® Exhibit E3: Guarantee Reconciliation ® Exhibit E4: Technical Service Agreement ® Exhibit F: Contractor's Training Responsibilities ® Exhibit G: Client's Maintenance Responsibilities ® Exhibit H: General Requirements ® Exhibit H1: Site -Specific Requirements ® Exhibit I: Project Schedule ® Exhibit J: Insurance Coverage ® Exhibit K: Bond Coverage Clarification PAGE 2 2. Term of Contract 2.1. Effective Date. The Effective Date of this Agreement shall be the date all signatures required have been obtained. McKinstry shall not begin Work under this Agreement until this Agreement is fully executed and McKinstry has been notified by Client's Contact to begin the Work, 2.2. Term. Unless otherwise canceled or terminated, this Agreement shall expire nine (9) years after the Completion Date. 3. Contacts For the purpose of administration of this Agreement, the following individuals will be the contact personnel authorized to speak on behalf of the respective parties. 3.1. Client Contact: Susan Rader - Director of Parks and Recreation (hereafter "Client Contact") McKinstry shall render all services pursuant to this Agreement under the direction of the Client Contact or the designated representative. 3.2. McKinstry Contact: Chris Sawyer - Construction Services Manager, (hereafter "McKinstry Contact"). Client shall provide all the direction and supervision pursuant to this Agreement under the direction of the McKinstry Contact or the designated representative. 4. McKinstry's Duties 4.1. Equipment and Materials. McKinstry shall provide all materials, and equipment necessary to perform this Agreement, as more specifically described in Exhibit A. McKinstry shall provide Client with specifications, drawings, cut sheets, and other information required by Client regarding the materials and equipment for review, acceptance and approval pursuant to Section 5 prior to implementation of the FIM's. 4.2. Installation Services. McKinstry shall install, replace and refurbish equipment and energy systems components at the Facility, as more specifically described in Exhibit A. McKinstry shall provide Client with specifications/submittals, drawings, and other information required by Client regarding installation, replacement and refurbishment for review, acceptance and approval pursuant to Section 5 prior to implementation of the FIM's. McKinstry shall provide the installation, replacement and refurbishment services with minimum interruption to the normal business of the Facility. McKinstry shall perform all Work under this Agreement according to the schedule set forth in Exhibit I. 4.3. Measurement and Verification Responsibilities. McKinstry shall provide the Measurement and Verification Responsibilities as described in Exhibit E. 4.4. Damaged Facilities to be restored. Where McKinstry, subcontractors or any of its agents, causes damage to any part of the Facility during the Work, McKinstry shall restore or replace the damaged part to its original condition or to the reasonable satisfaction of Client as determined by the Client Contact. 4.5. Personnel. McKinstry shall secure, at its own expense, all personnel required in the performance of this Agreement. Such personnel shall not be deemed employees of Client for any purposes whatsoever. McKinstry further represents that all of the services required hereunder will be performed by McKinstry or under its supervision, all personnel so engaged shall be fully qualified and authorized under applicable law to perform such services, and that McKinstry is responsible for all Work of its subcontractors and agents. 4.6. Cleanup. McKinstry shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by the Work and, upon completion of the Work, McKinstry shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. 4.7. Safety. McKinstry shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. McKinstry shall PAGE 3 comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities related to safety of persons or property. 4.8. Disposal Manifests. McKinstry shall provide to the Client Contact copies of all records (e.g., manifests, disposal facility receipt, etc.) which indicate that McKinstry has disposed of any and all equipment, including lamps, and ballasts. 4.9. Training by McKinstry. McKinstry shall conduct training program described in Exhibit F. 4.10. Notice of Work Completion. After McKinstry has performed all Work, McKinstry shall submit a written Notice of Work Completion to the Facility's Client Contact as described in Exhibit C. 4.11. Compliance. McKinstry shall ensure that all Work complies with current local, state, and federal construction and environmental codes and regulations. 5. Acceptance. 5.1. Authority, The Client Contact shall review and approve specifications, drawings, and related documents concerning the Work ("Construction Documents"), to approve and accept all equipment, materials and services, and to approve McKinstry's invoices for payment. No approval by the Client will act as a waiver of the Client's rights hereunder or relieve McKinstry of its obligations hereunder. 5.2. Construction Documents. During the construction period, McKinstry shall keep copies of Construction Documents at the Facility for review by Client at all reasonable hours and shall provide a complete set to the Client upon completion of each portion of the work. 5.3. Satisfactory Performance. Within fifteen (15) Working Days of receipt of an invoice, Client shall have the right to review the Work performed by McKinstry on the Facility, for purposes of determining whether the Work is deemed satisfactory. Where Client finds the Work performed by McKinstry unsatisfactory, the Client Contact shall provide McKinstry with a written notice of unsatisfactory Work within thirty (30) days of its receipt of McKinstry's invoice. McKinstry shall provide to Client contact a reasonably satisfactory remediation plan for the Work within ten (10) Working Days after receiving the Client Contact's notice of unsatisfactory Work. When the invoiced Work has been completed to the satisfaction of the Client Contact, the Client Contact shall approve the invoice for payment. See Exhibit B for the schedule of payments. 5.4. Work Completion. Upon receipt of the written Notice of Work Completion and project completion documents by McKinstry (as described in Exhibit C), the Client Contact shall review all Work and all project completion documents within fifteen (15) Working Days. Upon approval of all Work and project completion documents, the Client Contact shall send the dated Certificate of Completion and Acceptance (Exhibit C) to all parties. In the event the Client reasonably determines that additional work is required to complete the project, it shall inform McKinstry, and McKinstry shall perform the additional work in accordance with a mutually agreed upon prompt schedule. 6. General and Site Specific Requirements In order to minimize disruption of the use of the buildings, the parties agree to the "General Requirements" and "Site Specific Requirements", as set forth in Exhibits H and H1 respectively, attached hereto and made a part hereof thereby. 7. Change and Extra Work. 7.1. Amendments of Agreement and Exhibits. The Parties expressly recognize, prior to the Completion Date, that there may be Change or Extra Work, either at the request of Client or at the suggestion of McKinstry; but in each event upon a mutual agreement that the proposed Change or Extra Work is proper. The Parties also recognize that the correct interpretation and administration of this Agreement depends in large part on the accuracy of all of the exhibits attached hereto, which may need to be amended according to the type of Change or Extra Work agreed to by the Parties, and therefore the Parties agree to amend this Agreement or the exhibits hereto as appropriate to reflect the agreed upon Change or Extra Work. Any "Change" or "Extra PAGE 4 Work" providing for price or project schedule adjustments or relief will be made in accordance with the procedures established herein. 7.2. Client Initiated. Client, at any time prior to the Completion Date, may propose "Changes" or "Extra Work" in writing. McKinstry shall respond by submitting to Client a proposed written proposal containing the initial cost, annual energy and annual utility, operational and maintenance cost savings, payback period, and a schedule for completion of the Change or Extra Work within ten (10) Working Days of Client's request. McKinstry shall perform the Changes or Extra Work only upon receipt of Client's approval of the written proposal and after execution of an amendment to this Agreement when an amendment is required for performance of the Extra Work or Changes. Any Change or Extra Work performed by McKinstry which is not approved by Client's Contact in writing shall not be approved for payment and will not be included in the final scope of Work. The Parties will amend Exhibits A, B, and C, and any other exhibit, which will be affected by the Change and/or Extra Work accordingly. 7.3. McKinstry Initiated. McKinstry, at any time prior to the Completion Date, may propose "Changes" or "Extra Work" in writing. McKinstry shall submit to Client a written proposal that explains the circumstances for the change, initial cost, annual energy and utility, operational and maintenance cost savings, payback calculations and a schedule for completion of the Change or Extra Work. Client may accept or reject the request within ten (10) Working Days. Failure by Client to respond within ten (10) Working Days to the proposed change order shall be deemed a rejection by Client. Notwithstanding the foregoing, Client may accept or reject the request within thirty (30) days if the request is above the Board approved contingency amount, or otherwise requires Board approval. McKinstry shall perform the Changes or Extra Work only upon receipt of Client's approval of the written proposal and after execution of an amendment to this Agreement when an amendment is required for performance of the Extra Work or Changes. The Parties will amend Exhibits A, B, and C, and any other exhibit, which will be affected by the Change and/or Extra Work, accordingly. S. Consideration and Payment 8.1. Total Obligation. The Client's total obligation to McKinstry under this Agreement, including compensation for goods, services, and reimbursable expenses, shall not exceed $212,328 without the prior written approval of the Client. 8.2. Payment A. Invoices. Client will pay McKinstry after McKinstry presents an invoice for the Work completed and the Client Contact accepts the invoice. Invoices must be submitted timely and according to the schedule contained in Exhibit B. Payment shall be made within 30 days following the receipt of a correct and proper invoice for the completed delivery of the product or services. If the invoice is incorrect, defective, or otherwise improper, Client will notify McKinstry within ten (10) Working Days of discovering the error. B. Conditions of Payment. All services provided by McKinstry under this Agreement must be performed to Client's satisfaction, in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. McKinstry will not receive payment for Work found by Client to be unsatisfactory or performed in violation of federal, state, or local law. 9. McKinstry's Energy Savings Guarantee 9.1. Guarantee Term. The term of McKinstry's Guarantee shall be the Term of the Agreement but the guarantee shall not survive any earlier cancellation or termination of this Agreement. McKinstry's guarantee will be terminated if the Technical Services Agreement - Performance Assurance Services are cancelled by the Client. 9.2. Total Guaranteed Savings. McKinstry guarantees that the amount to be saved in utility costs over the term of this Agreement shall be at least the "Total Guaranteed Savings" as set forth in Exhibit E which Total Guaranteed Savings are sufficient to satisfy applicable debt service as required under the debt obligation. PAGE 5 'O a G) m fT r N a3N fD 7 to r Pr 3� O (D UI Z 2 7- O Ol y �SONI (D O O 7 c O N m 0 3 C_ 6 y C t0 7 0) m O 7 fA ,Y T ? O M O fD m < 3 m m O1 7 °1 T Q m U) D o n O (D O O S < rD 0) 7- O N 0) Ol L v n m O c r�•r V1 in 3 O o) rt CD O �. T S � (D (n S 7 O) c 0. 7 O (TD in Q I-& r 00)) (6D o 3 3 '< 3 X- C 3m,'OSC O r* (D D! r+ O Uzi 7 _3 p' :M a m 7 a CD -n 3 0n 3 O) C K 0) 7t m 7 7 '•r 7 O m t7n C 0m o) * :3 n N Q m m n Ln Q (n rt 0 m (1 n rt as 3°10, CD < T m Q n O n m � X S cr m m 7 -O C- U1 .m O 7 rn'o rD X � T S 'O < (D c Z) v G CD rt m In S C C) (n O 7 fl! T 7 O T m O O VI C W S CD r 0 O m 0) A A m LA C W, m 7 rt S a O O_ m Ln rt O) 7 a O) CL m 7 m Q0 3 OJ 7 O) tQ m 3 (D 7 T U) rtrt 3 G r mo 7 0 r (D 0 r* 0) m O* r w 3rD N CDD(n�o „ Ln cu (A0X- O --s or) n CD c (D —h (D o 0) O r) 7 G A rC-r. :3 7 rD S aS) < O n C7�or rt n ((nD 7a3 07 O - O C- m (D TI 7 7 C m a 7 In e7•r C rt 7 C 7 rt 3 0, n 0 QEn o-p� rA-•r• �.� C:SV7) :3 0) rt 0) =r (D O) O 3 m - CD (D C7 �' (n tC (D rT. 0 �,3-A d I . m r�r (DCD 0(n CD n r7r 6-0 U) A O m S C (C1 no) 3 o A cr 3 S n O O rt 0 7 m 7 7 C d;;� 7 Qd7 ((DD c K r�•r Naj j 7 rn_t N 'O (1 r* rt ,� 0) O (n (n 7 c < O-+ m rt 7 0 to (D 7 '0m< 6 n cr 0) < Dto rD7- m 0 (n M O <—n C- O m (CD 7 (CD 0) rC-t 3 (D m (D 60) T 7 O a0) Cr (D M T 3 Q 7 (7D 3 3 S f0)1 n m C X a�� m En poi (n (D 7 N 7" O 7 (rtp O O (D �G� rrcr S .-r t71 O m S. T n m r m S-0 n 7 O m T rt 0) O 0) (D CS (D -0-0 S (n -s (D (D 7 Ln 3 nTCi T rt3� m 70 T t j r 6 0 s m na 3 m CD G (O/( X T\ O=to rt SS - 3 37n CD cn�(D(7n CD rt O T 0. (D <2.� 3 n m S rt S.p to • v ;r\�`�°3 tQ (n000))� 7 m (D O) w 7- O rCt 7 d Ort) d 7 7 lA (D V1 tC -0 n o) -A t0 0 -- O A. LA (p (n Ln 7 m C 0) nn r ,r < 7 m 3 0 < ((DDvi 7 v D 3 Z3 — (n n U1r LA c c ;� 0 < r7rOT< rD m n0 to U) Vi rt m tQ3 rD 0 (D -0 C r7•r W �. a m T ((D (D:3 OO 1 d :.E_ 7 7 = l7 O m c n T m m 0) S rt O) (D (D C m T r7r m 3 m 3 (D 7 S rCr ((DD n 0. O T S A m (D T = D 7 S Ol t0 rtm rt((DD � O (D S (3D n7 • C- r7r tL S O 7 7 T < O (D 3 S (^mm D 7 0 t0 T 0 O -.h� 3 7 (n (D < m M O I < 7 to to Q c. n - p a t• 00 r�r e�-r tC 3 •A n 7 3 m K C rt m O) j G) 0 (DCD-T (D '< (D 'rt n (D T (D m O m `G 7 .A (DLn r7r u nU)�o O) N m CD (�� �o� C r7r 7 0 S n n C r*c 0) T_0 O o, �m G)vtM 3 � a3c°c)('oDi�°'°�' tC �' C � C `G to O D j 0) V1 m C 7 (D rr (D T O 0 d �+ (p (D S (D T 7 'O (<D d ((DD m A N 7 •A d O0 ��<. �°' c c n �7 7 Dd C-0 OST eA•F 01 T A T O S c 7 (D - 3 X' 0) m a 0) 0)0)t0 �< Nm XO _ 0 7 7< m _S 7 (D o) T T °' 6 °T) = Lo d�..r O) En 7 S 0Ln *O) 7 N(D T Or S N (<D O) 7 SN m T N rD 7 0 (D -� C c 3 0 0 m 0) IV W (D T — rf0) 0)> o 7 n m0,c w Gl m3cuXrt(DC D O Ln S T n 0) O r7•r < - (D 7 r7r 7j m G) r* (D A�tC W C nm 0 rt 0) O O) 7 m (D r* O) 0 O) rt gn C O N (SD O rt Or O' fC1 C. C_ 3 S 6 , z" c rt < 3 7 v a m 3 Ca- m r �gm_0nm�t� C -A ; -mac <_. W S 7 � (D �D (D G) ((n rt 3 �. r(Dr O) �. (D 7 7 �t0 �or�p� "ca 0 7 =r 3 O rD 7 m O a DT) K m (D W -< S m - rt M d O 3 Q_ W 7 0) C n c v( z 7 O (Da - 0) T rtnr ((D S n v m 7 r* 7 ui m S 7 rtrD VI rDD 3 m —SA 7 O m r7r 3 T 7 7 a :p Q T 3 (D A °' Q T 7 SO '0� O �. O r�r O) 0 n • rt � CD I o=r tn (n CD n 7 m m S tort C -O O 0) rt3�T�0= cr CD—m3 `< (D,� rr <. O) (D rt O r_r m S - ^ C 7 rt (D a)WO rC•r t0 01 fi tmi) C OS C r" m Cfl)< T m r7t -0' OO, 00)) (n rt T3 -X'.T 7 0) O m 7 S D 7 j C_ :3 tO m m C- n Lng0,-<3m A o r w m m v 0, C =,< C U,< C -• 7 01 (D r;•' to rDr 7 =*nm C)m a < 7 3m T c n n o rt(D Sm C 7 7 rt 7 C m (D3 m 0, U a O A 3 (D 0 O 00)3 0 CD Zr m Lo T rrD (CD S � < 0 rD L• o material shall be the sole responsibility of Client. In the event McKinstry encounters asbestos or other hazardous material, McKinstry shall stop all Work immediately and shall notify Client at once to determine the appropriate action. Any delay in completion of the Work according to the completion schedule in Exhibit I caused by McKinstry's encounter with asbestos or other hazardous material and Client's determination of appropriate action to correct the situation shall not constitute an Event of Default. Where a delay under this section will be for a significant amount of time, as determined by the parties, but where the Work under this Agreement is otherwise substantially complete, the parties agree to amend this Agreement appropriately so that payment hereunder can begin notwithstanding the delay caused hereunder. 13. Indemnification. McKinstry shall defend, indemnify and save and hold harmless Client, its agents and employees, from and against any and all claims, demands, or causes of action, and damages, including all attorney's fees incurred by Client, arising out of the performance of this Agreement by McKinstry or McKinstry's agent, employees, or subcontractors, but only to the extent of McKinstry's fault. This section shall not be construed to bar any legal remedies McKinstry may have for Client's failure to fulfill its obligations pursuant to this Agreement. 14. Performance and Payment Bonds. McKinstry shall furnish performance and payment bonds (the "Bonds"), each in an amount equal to the Construction Cost. The Bonds shall cover completion of the physical work per the approved design, and shall not cover any design obligation or any guarantee or warranty of efficiency or system performance. The Bonds shall not cover any obligation of the contractor to ensure that the work as constructed will result in any particular level of energy savings. Any suit on the Bonds must be brought within the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit. Payment Bond is intended for the use and benefit of all persons furnishing labor and materials who are engaged by McKinstry. Performance Bond is intended for the use and benefit of the Client to complete the work as described in Exhibit A. These bonds shall be released within thirty (30) Working Days of the Completion Date. The surety for each such bond shall be an insurance company or corporate surety licensed to do business in the state of Minnesota. The bonds shall contain a provision requiring reasonable advance notice to Client in the event that McKinstry is in default of any obligation in relation to the bond. An example of the Payment and Performance Bond required by this Section 14 is contained in Exhibit K, attached hereto and incorporated herein by reference. 15. Representations and Warranties. 15.1. McKinstry warrants and represents to Client as follows: A. It has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Agreement and perform its obligations hereunder. B. Its execution, delivery, and performance of this Agreement have been duly authorized by, and are in accordance with, its organic instruments; this Agreement has been duly executed and delivered for it by the signatories so authorized; and it constitutes its legal, valid and binding obligation. C. Its execution, delivery, and performance of this Agreement will not result in a breach or violation of, or constitute a default under, any agreement, lease or instrument to which it is a party or by which it or its properties may be bound or affected. D. It has not received any notice, nor to the best of its knowledge is there pending or threatened any notice, of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which would materially adversely affect its ability to perform hereunder. E. It has made secure provisions for promptly paying all its suppliers and subcontractors in connection with this Agreement. F. It has prepared the Engineering Report in good faith based on generally accepted engineering practices and mathematical formula. PAGE 7 G. It has all right, title and interest in, or appropriate licenses to use, any intellectual property required by this Agreement to be installed, employed, or modified. H. The services performed under this Agreement will be of high professional standards and quality. To the extent consistent with other specific terms and warranties of the Agreement, McKinstry further represents that all services and goods provided under this Agreement: (i) are free from defects in material and workmanship; (ii) are of the quality, size and dimensions ordered; and (iii) comply with all applicable laws, codes and regulations. 15.2. McKinstry's Warranty/Assignment of Manufacturer's Warranty. McKinstry expressly warrants to Client that all equipment (including the material supplied by McKinstry ) installed as part of this Agreement are new, in good and proper working condition and all Work performed under this Agreement shall be free from material defects and protected by appropriate written warranties covering all parts and equipment performance. McKinstry agrees to deliver all warranty documentation to the Client Contact. McKinstry agrees that Client will pursue rights and remedies against manufacturer for equipment under warranties in the event of equipment malfunction or improper or defective function, and defect in parts, workmanship and performance. McKinstry agrees to cooperate with Client in enforcing warranties. All warranties shall be transferable and extend to Client. The warranties shall specify that only new and non -reconditioned parts may be used and installed when repair is necessitated by malfunction. All warranties required hereunder shall be in force for a minimum of one year from the date of installation per Exhibit C. 16. Events of Default 16.1. Default by Client. Each of the following events or conditions shall constitute an "Event of Default" by Client: A. Failure to make payments in accordance with Section 8 of this Agreement. B. Any other material failure to perform or comply with the terms and conditions of this Agreement, including breach of any covenant or duty contained herein, provided that such failure continues for thirty (30) Working Days after written notice to Client demanding that such failure to perform be cured or, if cure cannot be effected in such thirty (30) Working Days, without commencement of a cure and diligent good faith effort by Client to cure within a reasonable time. In the event the default is cured within said periods, this Agreement shall remain in full force and effect 16.2. Default by McKinstry. Each of the following events or conditions shall constitute an "Event of Default" by McKinstry: A. The installation of the materials and equipment is not completed in a timely or satisfactory manner, according to the terms of this Agreement, provided however that McKinstry shall have thirty (30) Working Days from receipt of written notice that it is in default to cure said default. In the event the default is cured, this Agreement shall remain in full force and effect. B. Any representation or warranty furnished by McKinstry in this Agreement, which is false or misleading in any material respect when made. C. Any other material failure by McKinstry to perform or comply with the terms and conditions of this Agreement, including breach of any covenant or duty contained herein, provided that such failure continues for thirty (30) Working Days after written notice to McKinstry demanding that such failure to perform be cured, or if cure cannot be effected in such thirty (30) Working Days, without commencement of a cure and diligent subsequent completion thereof. In the event the default is cured within said period, this Agreement shall remain in full force and effect. 17. Remedies Upon Default 17.1. Default by Client. Upon the occurrence of an Event of Default by Client, McKinstry may elect to enforce one or more of the following remedies: PAGE 8 (a) Terminate this Agreement by delivery of a notice declaring termination, whereupon McKinstry may enter the premises on which the Work is being performed and remove McKinstry's property; (b) Seek damages in the amount of all payments, then or thereafter owing from Client to McKinstry pursuant to this Agreement, together with all costs and expenses reasonably incurred in exercise of its remedies (including reasonable attorneys' fees and court costs) in seeking and enforcing any or all of the remedies provided in this section; (c) Seek specific performance of the terms and conditions of this Agreement to the extent permitted by law, including without limitation injunctive relief where appropriate; and/or (d) Suspend further provision of the Services. If delivery of the Services has been suspended as a result of Client's default and Client and McKinstry agree to arrange for the reinstatement of the delivery of the Services, Client shall pay to McKinstry a performance reinstatement fee in such amount or amounts, and payable on such date or dates as shall be reasonably acceptable to McKinstry, as will reimburse McKinstry for its actual costs (including overhead) to be incurred in reinstating delivery of the Services; provided, however, that nothing herein shall obligate McKinstry to reinstate the delivery of Services. 17.2. Default by McKinstry. Upon the occurrence of an Event of Default by McKinstry, Client shall have the right to: (a) Seek specific performance of the terms and conditions of this Agreement to the extent permitted by law, including without limitation injunctive relief where appropriate; (b) Terminate the Agreement by delivering a notice declaring termination (permitting McKinstry to enter the Premises and remove all of its Property); and/or (c) Seek damages including all costs and expenses reasonably incurred in exercise of its remedies (including reasonable attorneys' fees and court costs). 18. Termination. 18.1 For Uncured Breach. Either party may terminate this Agreement thirty (30) days after written notice to the other party of any material breach of this Agreement by such party that has not been cured within such thirty (30) day period (an "Event of Default"). The notice must set forth the nature of the breach with reasonable specificity. Notwithstanding the foregoing, McKinstry shall have the right to terminate this Agreement if Client fails to pay any amounts due hereunder within five (5) days after written notice. 18.2 Bankruptcy. In addition to Section 18.1 and any other rights it may have at law or in equity, either party may terminate and without liability suspend all activity related to this Agreement immediately if the other party is adjudicated a bankrupt, ceases to do business as a going concern, makes an assignment for the benefit of creditors, permits the appointment of a receiver, or otherwise avails itself of or becomes subject to any bankruptcy or insolvency statute. 19. Dispute Resolution The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, McKinstry and Client each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. McKinstry and Client will first attempt to resolve disputes or disagreements with discussions between McKinstry's Representative and Client's Representative which shall conclude within thirty (30) days of the written notice unless the Client and McKinstry mutually agree otherwise. If after meeting, the Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit within thirty (30) days of the conclusion of the meeting of Representatives the dispute or disagreement to non-binding mediation. The mediation PAGE 9 shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Unless otherwise mutually agreed by the Client and McKinstry and consistent with the mediator's schedule, the mediation shall commence within ninety (90) days of the submission of the dispute to mediation. Any claims, disputes, or controversies between the parties arising out of or related to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth herein shall be resolved in a court of competent jurisdiction in the state where the work is to be performed. 20. General Provisions 20.1. Governing Law, Jurisdiction and Venue: This Agreement is governed by the laws of the State of Minnesota. The venue for any proceedings is agreed to be in Client's County, State of Minnesota, and McKinstry consents to such jurisdiction. McKinstry shall incorporate the requirements of this Section in its agreements with subcontractors, consultants, and independent contractors in connection with this Agreement. 20.2. Conditions Beyond Control of McKinstry . Neither party will be responsible for any failure to comply with, or for any delay in performance of, the terms of this Agreement where the failure or delay is due to acts of God or the public enemy, war, riot, embargo, fire, explosion, sabotage, flood, strikes, labor disputes, default of subcontractors, accident; or, without limiting the foregoing, any circumstances of like or different character beyond its control (collectively, "Force Majeure Event"). If either party is unable to perform under this Agreement for more than sixty (60) due to a Force Majeure Event, then the other party may terminate this Agreement upon fifteen (15) days' written notice. 20.3. Notices and Changes of Address. All notices to McKinstry shall be written, shall be sent via certified mail or a national courier service or personally delivered, shall consist of one original to Attn: General Counsel, McKinstry, 5005 3rd Ave. S., Seattle, WA 98134, and one original to the primary McKinstry contact for the Work, and shall be deemed delivered when received by the General Counsel. 20.4. Successors and Assigns. McKinstry binds itself jointly and severally, his successors, executors, and administrators to Client in respect to all covenants of this Agreement. McKinstry shall not assign or transfer any part of its interest in this Agreement. 20.5. Permits. McKinstry shall be responsible for obtaining all governmental permits, consents, and authorizations as may be required to perform it obligations hereunder. 20.6. Compliance by McKinstry's Subcontractors and Consultants. McKinstry shall provide and require in all of its contracts or subcontracts with other parties who provide services in regard to performance of this Agreement that such subcontractors, consultants, or other parties contracting with McKinstry with regard to performance of this Agreement shall comply with those requirements of Minnesota law specified herein and otherwise required of persons performing work for the Client of the type contemplated under this Agreement. McKinstry and its sub -contractors will not file a mechanics lien against Client's real property in connection with this Agreement; McKinstry agrees to indemnify and hold harmless Client per section 13 of this Agreement. 20.7. Payment to Subcontractors. McKinstry agrees that it shall pay and shall require its subcontractors and other persons to pay to all laborers, workers, and mechanics performing work at the Facility at least those prevailing wage rates as are required under Minnesota Statute. 20.8. No Waiver. The failure of McKinstry or Client to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either party's right to thereafter enforce the same in accordance with this Agreement in the event of a continuing or subsequent default on the part of McKinstry or Client. The waiver of any PAGE 10 default by either party shall not be deemed a continuing waiver, but shall apply only to the instance to which such a waiver is directed. 20.9. Comolete Agreement. This Agreement, when executed, together with all exhibits attached hereto as provided for by this Agreement, shall constitute the entire agreement between both parties and this Agreement may not be amended, modified or terminated except in writing signed by the parties hereto. The terms and conditions contained in this Agreement shall govern and shall take precedence over any different or additional terms and conditions which McKinstry may have included in any documents attached to or accompanying this Agreement. Any handwritten changes on the face of this document shall be ignored and have no legal effect unless initialed by both parties. 20.10. Severability. In the event that any clause or provision of this Agreement or any part thereof shall be declared invalid, void or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or unconscionable. 20.11. Recitals. The background recitals set forth at the beginning of this Agreement are expressly incorporated into and made an integral part of the body of this Agreement and the terms of the Recitals fix the obligations of the parties and are binding upon them in the same way and to the same extent as all other provisions of this Agreement. 20.12. Headings. The headings of all provisions are for ease of reference only. The headings in no way define, limit or describe the scope, intent or obligations of the provisions of this Agreement and therefore are not to be used in construing this Agreement. 20.13. Amendments. Amendments to this Agreement shall be valid only if they are in writing and are signed by the same parties, or their successors in office, who signed the original Agreement. 20.14. Limitation on Liability. In no event shall the parties be liable to one another for any indirect, consequential, incidental, lost profits or like expectancy damages arising out of this agreement. Client obligation, and McKinstry's liability, under this Agreement shall not exceed the amount set forth in Section 8.1, subject to adjustments for changes or claims for extra work. 20.15. Ownership of Works and Intellectual Property Rights. For the purposes of this paragraph, the term "Works" includes creative writings, research data and reports, writings, sound recordings, pictorial reproductions, drawings, film and video recordings, and other graphical representations, software, business methods, inventions, improvements, and discoveries, and works of any similar nature (whether or not eligible for copyright, trademark, patent or other proprietary rights), which are to be prepared for the Client and delivered under this Agreement. It does not include any of McKinstry's background intellectual property. Ownership of the Works and all copyrights, trademarks, patents and other proprietary rights in the Works shall be owned exclusively by McKinstry. Notwithstanding the foregoing, the Client shall have a license to utilize the Works to maintain its equipment or to complete the Work in the event of a termination of McKinstry for cause. The Client shall not have a license to use the Works for any other project. PAGE 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby, CLIENT: By (Name): Kathi Remken By (Signature): ldi7, Title: Mayor Date: 5/11115 CLIENT: By (Name): Kir onald By (Signature): Title: City Manager Date: _ _ 5111115 MCKINSTRY: By (Name): By (Signature): Title: Date: PAGE 12 m x CD c c ro U) c 3 3 O X, U) O (D 0 CD En 0 O h -n Exhibit Al Description of Facility The project will be implemented at: Facility Address Ice Arena 4949 Louisiana Ave N Detailed scope of work is described in Exhibit A.3 Exhibit - PAGE 2 Exhibit A2 Executive Summary Exhibit A2.1 Cost and Savings Summary Exhibit A2.2 Work Scope MAU Replacement Power Factor Correction Temperature Controls Improvements Exhibit - PAGE 3 � ■ E E � � & c m � � c m 0 Q � M « � 2 x LU 2 C) 0 CL � e \ \ Ln V) / t 2 % \ / c / / / ƒ k \ \ / E u c & all � � � E E -D � � � � � cn � � � 4-� � � E � � O � � E � 4-j U � � IT } } 3 Exhibit A2.2 Work Scope MAU REPLACEMENT EXECUTIVE SUMMARY The purpose of this facility improvement measure is to replace two make-up air units, MAU-1 and MAU-2 at the Ice Arena. Both make-up air units are heating only, natural gas fired units mounted on the roof of the south rink. EXISTING CONDITIONS The existing make-up air units (MAU-1 & 2) were installed with the 1996 addition to the Ice Arena. Make-up air unit 1 serves team rooms on the lower level along the west wall of the south rink. Make-up air unit 2 serves team rooms along the north portion of the rink. These units each have an exhaust fan associated with them that is connected to the return air duct work. These make-up air units and their associated exhaust fans provide ventilation and heating for the rooms they serve. They are controlled with the original electric controls. Detailed Description of FIM The following is a description of the scope of work for this FIM: 1.1 Inclusions Mechanical • Disconnect natural gas piping and ductwork as required to remove the two make-up air units from the roof. • Furnish and install two make-up air units with the same capacity. • Reconnect natural gas piping and revise duct work connections if required for each unit. • Test & Balance of newly installed equipment • Equipment Hoisting • Permits / Plan Submittal Electrical Disconnect electrical as required to remove existing make-up air u n its. Provide and install power wiring to two new AH Us. Temperature Controls • New digital controls are included as part of the "Temperature Control Improvements FIM". General 1.2 Exclusions Roof patching as required for new make-up air unit installation. All work to be completed during normal business hours. Temporary heating and/or cooling associated with this FIM is not included. 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CD CS 0 v h .. <' a CD `< 0 =3 m 0 x� o-3ocn SCD — 0-0 0 0 =3 n— S � m Q Q,< O N CD v O -, CD C° CD CD S CD O CD Q Q `< S D O O CD "O < � z cD 3 _ c. sn�3svm v� =r 0_= CD 30 0m �c cQ CD 3_0 —3 0- CD ` O O O CD 0 ; , � =r>m(D0CD CD CD= CD 0— 0 �� M. 0 �0CD -gy m °D X < - N CD O CD -F N v CCD - �n "m m(n CD fv � 3 — S O v a < ((Dn v Q 3 CCD Q tQ ..0 =r CDCn CD NO o v '0 O <C O CD N 0 0 CD CCD Q < CD O m M n X n M X m n Z Physical Changes No architectural or structural changes are anticipated with this FIM. Only identified system changes will be made as specified in the analysis report. 6. First Year Energy Savings Proposed Savings numbers are shown in Exhibit D. 7. Utility Interruptions Utility interruptions for this FIM will occur with the electrical system. These interruptions will be coordinated with maintenance staff prior to occurrence. It is anticipated that a two (2) hour shut -down of the entire facility will be required for circuit breaker installation in the main distribution panel. 8. Client Support Required Utility interruptions for this FIM will be required. Any short term interruptions that may be necessary will be coordinated with the maintenance staff. Exhibit - PAGE 8 TEMPERATURE CONTROLS IMPROVEMENTS EXECUTIVE SUMMARY This FIM will improve the digital temperature control system at the facility and give more scheduling ability to the nine make-up air units and the dehumidification unit serving the south rink and the two air handling units. EXISTING CONDITIONS The current make-up air units, dehumidification unit and two air handling units currently utilize electric controls. Some of the electric controls, such as the time clocks, are not functioning properly. The electric controls also do not provide the ability for temperature setbacks or monitoring. Detailed Description of FIM 1.1 Inclusions The Scope of Work for this FIM includes all labor and materials for the following: • Demolition of existing control components that will not be reused. • Installation of new control panels, devices and power and low voltage wiring. • Implementation of new sequence of operations. • Additional graphics representing equipment that is to be controlled through current Alerton system. • Demolition of Honeywell control panel in refrigeration room. • Occupancy sensors for MAU-1, MALI -2 and air handling unit S-2. • NO2 monitoring for south rink. • Commissioning of newly installed control system • All work during normal business hours. • An allowance of $4,000 has been included in the project for replacement of defective dampers and actuators. If $4,000 allowance is not sufficient to replace necessary components, monies from $3,000 contingency fund may be used at owners' direction assuming that the contingency fund has not been fully utilized for unforeseen issues/circumstances that needed to be addressed during construction of the project. 1.2 Exclusions The following work is excluded from the proposed Scope of Work: • Replacement of defective components of existing make-up air units, dehumidification units, air handling units or radiant heaters such as motors, fans, burners, heat exchangers, etc. • Modifications to the temperature control system graphical interface beyond what is required for addition of new equipment. • Any applicable utility rebates are contingent on utility company funding and final approval. 2. Location Affected This FIM will affect the following buildings: • New Hope Ice Arena, 4949 Louisiana Ave N, New Hope, MN 55428 FIM Interface with Facility Equipment Exhibit - PAGE 9 00 -4 0) w p 0 3 �n SCC --i -n z'v A °-° m QCD CD CD "* � K QCD CD o O — N -° v m fn n cn N v Q m °__ p p p 0 D (D Q (D -. CD ' CD (a .9 CD O (n ? (D CD (C O CD Q N (D CD CD CD O CD CD a c O CD c q CD cn m c S r: c— 6 v ° n 0) y v .' CCD CD O cn O C cn M 3 0) n C CD �+ CD �= a �= a CD �= _ (n (<D O Oo°� -00- o='to vto 3 �-0cao�N caQOD 30N ��D ° _ v c �(n(D 3 `n > >�`� rn m CD CD@ °' °' 0 0 °� °� ami Q o� 3 x Q 00 o CL OTo� g? Xom 33 (o ccQ(n CD cn CD _% mv�0 Q. cam �a =r FD* °.cc ov Wcny mvr•; �3�s @0r. v�� m v ' g �-n �v N v 00 3 m 3 Qo c �' < o a� 00 0 .� Q6 cn � 0 C � Q =(n ZCD 0 QN �CD (D CD CD' � � g 0 N �CD CD N. m 0 3' � w m M 0 �� a- m 0 cQ o 2 c o O (aD ° = (n = ° X ° °� 3 3 3m m CO � 0 ° a �� sv C (a j' -0 Q0. 0) = n CD p) CD 3 c (OD 3 CD n c oa- c-° -ay on -° c Q o3 CD :D CD Q� � oo °CD D ��° �° 3 ° c Q� (nn� c0 o cU) n G) C (a O j 6 3' c°n j 0)j (� S CD S CCD r cn° M S Q (n a 3 3 Q — n CD a x CD CQD ° Q (p 0 (D (D � CSD n 7 CD n cn ° 0 CDCD O _% CD ° Qa(an O Q QO Q CD cr 0(n c cn 3 CD 0-(n �' - ° 3 ° 0 v 3 m m a3 Q m -� v v ca � ca w Q c a a- n ma Q g �°—,° oCD ago n°iCD mCD aa 0� 0 T g c0 =° M ° 0 cc c ° o0 w ° ° ° a- Q m y CD o cn ° Q — CD mc0 CT CD `� w 0° °�o CD is °a3i �O ° 0 0 3 0� cn0 5• ° CD m CD v co r. 0 CD -ca Q N Om O CD CD CD Q .� Q O O ° _ CD Q ::r.. `C 7 x < (D Q (o W. c 3 CD::r7cn CD 3 0� EXHIBIT B SCHEDULE OF PAYMENTS 1. Schedule of Payments. Table B1 - Projected Billing Schedule of New Hope Ice Arena Phase II Prefinal March 11, 2015 Contract Amount Payments Exhibit - PAGE 1 m an 60� nn C 2 3 o m r° o 30 MM 5 ODD 7 6 w Ol V1 to = = 7 w 7 3 37���Oo,o,a ,�- c m 3 o (D d n rt O rt rr 6 O :r rt p j enr (D O r7•r O to C' 70_ d fD ((D 7 C1 C:? d 7 rr (D -' O rtD rt d< 7 d d 0 ( p- p C "p Ol w C C rt O C aC 0 (rtD d d .n-' (3D 6 (D p N n Ol 'O p r7•r to rnr 3 d < (D 7 n rt 7 N C, O 0 rt to N 3 ko 7 rt `° aCT r) Ol l0 7 W o 7v (D C C 7" 3 7 ' O d 7 rt 3�p a cin o, a rt m 0 3 0 0 CD Q n C En .. 7 d � O. =< d (D 7 O C O (rtV D rti 7 �� 6 LO 3 to 3 _< or to 3 d 7 d 'N•r O -h Ol _rt n O C (A O1 t0 C 7 p_ n O (D 7 7 O'�•rrtr 7 to M n LO rnt 7 O d 7 rt n 7 LO ZT 7 O O LO 3 rt O -O N 7 n (D OJ C (DO 7 0— rt rt Ort a rt (D M o rt in O O 7 rt 7 < a(n 0 7 (D 7 n a N d a 7 n O 3 3 CD7 n N 3 O 7 rt 0 Ol O 3 3a O < c (D � (D (7 7 O rt 7 � O — v O (D „ of ny O � O m rt O 7 D ;a (D 'a O 3 rt N o 'G fD o cc G O En Ln a O1 0-0) 7 d rt 7 n rt X, O O „ 01 n O 7 a t0 c a) rt L CDEn0-to (D (D �n O O (D (D cn 3 U) 7 n of (p 3az; CL rt OQ 3 M (D ZF 3 7 fD r7r fD to 7 c n3rnEn rt 3 7- a C (D 7 (D a ,7.* a O O (D N O O T h 7 0 rt 7- 'c rDn �' (D waC,0 O 3 n rr (D r7 -r fu d W c a (n 7 _ o o lD M 7 rt rt d 7 ort f (D O m O n Ln -'a rD �E m�0 n rt (D rt 7-a7 7- -D (D c En 0- c a O1 0-0) 7 d rt n (D 7 7 K fD n rt X, O O „ 01 n O 7 t0 c a) rt L CDEn0-to (D (D m m�fD O O (D (D cn 3 U) 7 n of (p 3az; CL rt OQ 3 M (D ZF 7 Ol 7 fD r7r fD to 7 c n3rnEn (D U rt nO- 3 7- a C (D 7 (D ,7.* a O O (D N O O T h 7 C�a; rt 7- 'c rDn �' (D waC,0 O 3 n rr (D r7 -r N 7 7 7 �rtV)(D d W c a (n 7 _ o o lD M 7 rt rt a 7 ort f (D O m rt n 3 w n Ln -'a rD m�0 n rt (D rt 7-a7 rt (D to 7 FL (D Ln D n Q rt — �c o o ro fll (D 7 0 3rD a 7 rt d ul 7 CL m x c n T a m r A A m V z A m m c ((D (n Q c 0) N -p O X A 0 C0. n T �n nvry O rD 3a 2: 00 0 S ,^Y n m r* 3 DTgn IDDM (D mD -O UI r, _ 0 3 0 a W 0 o_LO N (D rt -_ Dcu < 607 `G ry m a= N 3 u m (D m rr rt 01 =r T m zr 3 cn m(� n30D�Q� ort m (n a f (D o TO (� cr aF a0 Oto o—, rt vi O1 0 d � rn a (D OI ' 0 O' fD n O cr C CD A ry en -r rr X � Z T O C O 0 m w tv m LO Cp 0 0 _T tv Ol (n 6 mre 3 C O 7 CL < � O � (n rt =3- rt > �a3`OoW 0 0) 0 En 0 rF as -i i m p a � D (n ry( of !y 0- m 0 3 o T (D m m m l< or Q —D µ .. m man rD 0 n a — (6D O n m Ci �o� m 0 (i 6 T a O 3 rt 7 =3 0. rr 7 0 d f) m (D () n rT = O o0i n < On 77 m 'D °1 �^ ,"r3 T 0 M n O 'o O �E (D m a = rt D a< rD Q a T 7 a � VI (pa r T mrD rt Fn (A (D T (n m oCL C) n m '0 fDmm o a m _ 0� rt 0 m T S O C) ((DD m S < T` — a (rtD (A m m o (D (n Q U m m m 7 T 3 (n n m O j= m O m CL (n Ol (p m A A m V z A m k kk k ? ? S ? O O; O: O: A W N Q) m o 3 n n o n o rD n mn a A w r w O T m X z c) EXHIBIT DS — MAU REPLACEMENT The following calculations show the savings associated with make-up air unit 1 & 2 replacements. ECM F.MY: Ne. ANU CeApnelpn: M Ana SeirE: le VAV_(i Mmr CFM'. rbq ke nma NO COOIJNO �S,Oq CFM PNU%M' tOD% ANUSA CFM' SupMy Fr YR SOaO CFM },0 %LwE-TOx %EA: AT% Fen W Exktirp EMrw E14 10 %Lma' TOx %EA: Bsx Ne+:9imw ER: Temgmlwe AEw NTkh da k RwAAreE x0% Temgmlw Bebw V.lAch HIA k ReaunM 55.0 wnxPMaC-Room W:i[Mlan Summer PeaaE-Pmn WAtMMn OOrAMTna Sento ty AHV AraoccuPeE (gvaMAe Ux Tme PMotl� tme,Rawar<af TMe,Roam !,VAWMOtttpaU(AxnpeQ AMPW" L_ ear! Avlanel9vmem A�,Flxs Min -14arfml Flow A Ay 4Mr Ezim eY � Emm�Mea FmniamcY p EeOmarat rnertv � a. 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New MNe ae4mro IA ODOYr1D AMU OmipWlm' -12 Prm SenM'. loam>xm VAV Ba(m� Mm 6M: 0,60 CFM ANU %CM. 100% A. BA CFM: a50 SWYY Fan HP I % X U. EaMmI Fm MP: 09 %Lced !0•�.t ER EaiYlrq Burner ER.: New Kumar ER: e0X TemYemtw Ahura NadcM1 (f01a 0.epdmR: Tempvmlw Brbw`MMcn MtOIn 0.epuirw: —PMW-Room UikYIM: 00•AY—. Raoma— by— Pre LteWietl(A�eraOa( --* Sranmer pMod-Roam UIMxYbn: 100% YTime. Rmna Serve! by AMU Pre (kmgke W�amOe (Mx Time paia� Exhibit - PAGE 3 CD n rt O' CD 3 w 77 CD C CD O1 C) CD 3 Co rt N Wr A to O V m 0O r F, r X V r r r o V (7, Ln V LnA w w V 01 a N N NN O r O O O r O r O r O r O r O r O o O r O. no A A N N A N W Ln A w W Ln t0 N �0 O O Q` A W A N O N G elf ID no o N A W N W O O1 A A 01 N A — O V O o o o O o O O O O O A O O O O O O O O O O -• v a m m oa'3 w w w w w w w w w w w w d= y e 01 O A W N N N N W A N A M v� d V O t0 V �0 rj UJI tl Vi 01 col C% CL — WO7 co O W W w OJ O OJ w W .. T A N Vn W N W A A A W A M fu O In W N O V o r r V l0 i0 V � m O N w W A N 0) o W W O Z 1 (D 0 0 0 0 0 0 0 0 0 0 0 0 0 �m D a c C7 C 0iv w w w w w w w w w w w w G1 Cl)A LJ N N N N W A N A CL V O tD �I tD r W In In o O o +A +A +A +A , +s+ +A +A +A +A +A V, +n ^ W 00 00 O W l0 N r N N N W 00 lO lO tO 0 l0 W O W CO V 10 0 G O o co co W co co o 0) 0% w 07 co +A+A +A +A +A +A +A +A +A +A +A fR vk V V V V V V V V V V V V V ��w V V V V V V V V V V V V Vf NT +A +A +A +A +R tf Ui +A +A +A V n r N r r r r r r r r r ? In O w W 0 OJ U1 In A T w W ; V V O 01 W W O V W A 9) O V lO N A to O to V A 10 N O (p A W W N l0 0 V A O r W A FA +A +A +A +A +A +R +A +A +fr +A +A +A O ' m r A r A r w r r r N r r r O r A r W r N r r r N y< A O In r V W O W O A VI A CO r, 2. l0 0 lJ1 W r N V O N U1 N W A r 0)rn w O o O 0) .a i0 w r V (D n EXHIBIT D3 — Temperature Control Improvements The following calculations show the savings associated with the temperature control improvements. E F_14. N me Ee Amra NO COOLRR3 AHUO 4,Mlan: Smtl' M-1 Tesco Pmn !ea VAV Roa(ea) Mar ffM'. CFM AHU% 100% 1 M 6M'. SOaO CFM upphA. Supply Fan HP'. F Exaxsl Fen HP. &nrcl Ell: 2.0 %La W: TO% %Er.: al% 10 X Lwtl70% %ER.: OS% BO% COGin9 EM: 000 MNRm 0.00 EER 0.00 WP AOue VAvcA LI9 is RegMnae: Est+alv r+hu.xv —peiMure Temperdure Bebw WNcO HI9la RequteE: VRmer Peaoa-Boom Ud¢Mbn'. 55.0 00'4 MT— Romna—W AHU Art Oecu (Awla9eC T P ) Summa PenoU-Room Vlilvnim �m%. INTime, Roams Sen�by AHU Are IXcupeO (A- OAy RmepxmC) � :a 6almA AU Fl.r• wn aNer'-weaRA9 an FqR q bi. rlr:mMb Va• Finau••vl Mm EM mnw c�:+era'.Y Aq Est+alv r+hu.xv r-- cn� .tto 9W MWin ��1111111000� ©®oma®®ia0����e� ��oo0aoa�o��00��®ems ®� o• o m®I®o III®®oo ®o � o � moo• � �� i®�0000®oma®0I®o�o�o�.m ®�moo0®vo®I0®a0�oo,0 ®m®gym ®moo 000l®s o-m®� � ®� � ®0111111111111 kN A Ra e�epsgd'ayRp.�:: An FAw. - A Lan AV Oar w:•:nn � Rearteti - .,.. ., n aq Rdf lions 4.rFMw VAv 6 •n x va• EVM1mMeR F•ml:rry vav En.n x Mm s m E nen Fmp. A, vav So•ea M Aq Eal:mxte wegm.r• r Vbv Rexts x var Far M.t � Fan v�a» Rtun twO R.ov��.v BW FKvI at Swni of �moloo®a®®m®o000oeoia 0,�0•oo0oeo®�®��m�®lei otomom®mwm®01®0���oe� ®m000mo®®��®00®0 ® 000v®® mum 0e o,�0000000®00®0�0�®0 ®ao0o ® moma®oo®��®o�o��®�®� ®moos®oo®�®o���o♦�®�® ®�molo® ERM ®1010®®00®�®�0������®® ®moo• 24 ®moo o®®oo®m®0�0�aMR= Exhibit - PAGE 6 ECM Meme: MAU3 5<ne0iArg Fa ly: Mew Mope ke Areae WCOOM%0 AMU Ceegrel MAl Area Semen: T— Roam M Bn(ee)Mn CFM: 0a, CFM AMU%OA: I" AMJ SA 4FM. I - MI Supply Fn Wt5 %Lt )O% %El 171 ExMUPI Fn FP: 0.8 %IUN; TT. %EJ — Bunn EII.: BJ7t Caaep Et: D.00 INJ?n 0.00 EER 0.00 COP Tempeneore AOae Vvlucl� Cy h ReayM: M, _W MON Rft lcm: OSO NAma Pnad-Room UBe.. 100% mime• Rmne SwroO ey AMU Are—.. (A --Tan. P—) Samm� Penn -Roan IAIy¢aln-. IEtYk allime. Roane Benc9Oy AIU Are CaWn (Avra0e Or7 Time PMbel Exhibit - PAGE 7 ECM Name'. MgUJ SeMBubnp FBeYIy: New Fppe kegma fb GOOl1N0 AHU Daeipbtbn: MPU: AmA Sar0.' Cebby VAV Bora) Max G z J,GFM Oq AHU%'. 25% AHU CFM'. 1 6M Stagy F Fan NP'. 2D.%Load lOx %EII.: Fen HP: %Coed )Ox %EA.: 83,t �Bumx EB,: BOx O.+obM EB.: B.00 kW?an O.. EER O.00 WP Temperalve Apwe VJakb Qa is Rqueed. Tempemlun Btlmx h Ha h ReyMeO: - WaaerPenm-Room UR¢.ai` I—Tme,Rooms BeneEby AHUAre Omu (Aw+a%Qa Time Peaad( s.—PenaB-Rmn Uahalion: I—$Tme Raom.B by AHU Art OcggeB(Akrfape Oen Tan Pe ) Exhibit - PAGE 8 �n�irn�mA i�nN�m SII � eamm����am� f{ § �{ § 2 / t! § )) ' �� r! || \. � ;§� | f� \EcR \r }l;f� � //\h\\h/ �/\///\\ !|„ � !!|| i/! !! E Meme:.AU. $Cnee FSIgY'. Nx. HMz ke Am.m 1A GOWMB AllU peepMbn', uAUd Anv Se Artm VAV Box(uCFM: IBOB CFM . A % OA '. 1W% AM y $ CFM: )BOD CFM opM SFen MP: 1D %Loetl: 1D% %Ex% E}nMgt Fm W: Y Lme: 70% %Et : 31% Burn rN Cwbq E2: DDD MNRBn 4D0 E. B.00 COP Tempe — AMne KiJCD QB ie PR' N'=' Tempmetue EeleVArcn MlBb MaYnmE: `.50 WMe:PenBB-Rowe Wl¢Mbn: -%d—Mawne SeneYOYAMUAre Occupb (AwgMOi--M SunmerPMOE-Poen UilEMion' IBDN MIIme. Mawna 6m NEy AHU Am OccuMeE (Awpe gerT ePenaEl Exhibit - PAGE 13 .RQEQ6RQQQR#RQ# •R&Rg;EQGQ@RR9g; E.,..w �.,.. ,.., ----------- . ...... .... ....... ... .................. MR-; sa. M� PHM ............ ............. .......... .... H-Bloo AA..A.9-N .. ................. ..92 ..... ............... . ............... ........... �M .............. .. ........... WE 'M .............. mnqnumnnEqui�Fq- mz -R.2 .. 999.9-- 1 HIM M .-asm AA..A.9-N .. .......................... ..92 ..... ............... . -4".-rk The chart below summarizes the savings for the temperature controls improvements. Exhibit - PAGE 19 SCHEDULE SUMMARY Baseline Baseline Post ;Equipment ID Schedule Hours Schedule Post Hours MAU-I 24/7 8,760 Sam - lipm 6,205 MAIJ-2 24/7 8,760 Sam - Ilpm 6,205 MAU-3 24/7 8,760 Sam - 11pm 6,205 MAU-4 24/7 8,760 Sam - 11pm 6,205 MAU-5 24/7 8,760 Sam - 11pm 6,205 MAU-6 24/7 8,760 Sam - 11pm 6,205 Not- MAU-7 Operating 0 Stand-by 3,650 Not- MAU-8 Operating 0 Stand-by 3,650 MAU-9 24/7 8,760 Sam - Ilpm 6,205 DHU-1 DP Base 7,350 Reset Based 6,205 S-1 24/7 8,760 Sam - lIpm 6,205 IS -2 24/7 1 8,760 Sam - Ilpm 6,205 Exhibit - PAGE 19 EXHIBIT DS Base Year & Utility Rates The following is the base year and utility rates that were used in the analysis for the facilities. Base Year 2014 Exhibit - PAGE 20 EXHIBIT E PERFORMANCE GUARANTEE 1. Term. The terms and conditions for this Performance Guarantee are identified in Section 9 of this Agreement. 2. Annual Guaranteed Savings. The Contractor guarantees that the Client will achieve Annual Utility Savings, as shown below, over the term of this Agreement. Annual Utility Savings Measured and Verified Utility Savings (Exhibit E2) $12,522 TOTAL ANNUAL SAVINGS (Exhibit E2) $12,522 Exhibit - PAGE 1 EXHIBIT El BREAKDOWN OF GUARANTEE SAVINGS 1. Utility Savings Measured and Verified Utility Savings. The Contractor guarantees that the FIMs will save total annual utility consumption illustrated in Table E2. The Contractor shall measure and document savings in each Guarantee Year for the annual Guarantee Reconciliation as set forth in Exhibit E3. The measured and documented savings shall be calculated each year for Guarantee Reconciliation. Pre -Agreed Utility Savings. The Parties agree that the FlMs will save total annual utility consumption illustrated in Table E2. The Parties agree to use the Pre -Agreed Utility Savings each Guarantee Year for the annual Guarantee Reconciliation subject to adjustment provisions set forth in Exhibit E3, These Utility Savings will not be Measured and Verified during the Term. Exhibit - PAGE 2 z lu uj N �- uj Z x LU U. 0 (A Im E N c uj M to E E C) Co 0 0 2 C 0 F- c 0 u 7a ui (D CL x LU EXHIBIT E3 GUARANTEE RECONCILIATION Established Baseline Adiustments. The Contractor shall be allowed to make adjustments to the Established Baseline using standard and sound engineering principles as follows: a. Building Occupancy Hours. The hours the respective building is occupied and/or equipment and lighting is utilized is a variable which will be adjusted for if the number of hours rises or drops more than 10% from the quantity identified in Exhibit D. Where applicable, The Contractor will utilize energy management systems to monitor and verify hours of equipment operation as illustrated in Table E4. b. Buildinq Changes: The Contractor may use energy modeling software to calculate changes in Established Baseline due to building square footage changes, weather, major remodeling or renovation projects, addition or modifications of equipment or change in building or central plant usage. The Client agrees to notify the Contractor of any changes or additions of equipment or environments that may affect the energy consumption associated with the buildings under this Agreement at the Annual Meeting. Utility Cost Savings Adjustment. The Parties agree to the following: a. Utility Rates: For the purposes of calculating savings, the utility rates used will be the utility rates as paid by the Client to the utility company(s) during the pertinent period, adjusted for any rate schedule changes made by the utility company(s), except that the utility rate used for the calculation will never go below the Floor Rate, or above the Ceiling Rate for the term of the contract and as described below. In the event that one or more buildings have multiple meters of the same utility on different rate schedules, the per-unit cost of the utility will be the average of all of the rate schedules in effect at that facility. b. Base Utility Rates: Refer to Exhibit D for the Base Utility Rates used for the purposes of calculating the savings. c. Floor Utility Rates: For the purpose of calculation of savings during any given performance period, the utility rates shall never drop below the Base Utility Rates described above. This shall be known as the Floor Utility Rate. d. Ceiling Utility Rates: For the purpose of calculation of savings during any given performance period, the utility rates shall never exceed 1.5 times the Base Utility Rate described above. This shall be known as the Ceiling Utility Rate. e. Rate Schedule Changes: When the utility company(s) makes changes to the rate schedule, the new rate will be used for calculating savings realized during any given performance period subject to the Floor and Ceiling Utility Rates described above. If a rate schedule change occurs partway through a period, an aggregate rate comprised of a weighted average between the old and new rate will be used. The weighting will be based upon the portion of the period that each rate applied. Exhibit - PAGE 4 EXHIBIT E4 TECHNICAL SERVICE AGREEMENT 1. Technical Service Agreement (TSA). Contractor will provide to Client the services set forth in the following table ("Services"): TSA Table Services 1st Year Fee ee Starting in Year 2 Performance Assurance Services Included in Project $1,975 A. Term. The term of the Technical Services Agreement shall be 12 months and shall commence on the Substantial Completion Date. B. Renewal. This Agreement will automatically renew for successive one-year terms unless either party provides written notice of non -renewal to the other party at least three (3) months prior to the end of the then -current term. C. Price. The total first year price (15t Year Fee) for the Services is included in the Project price indicated in Section 8.1. The Performance Assurance Services price for successive years starting in year two is the 'Fee Starting in Year 2' indicated in the TSA Table above. The Performance Assurance Services price will be increased annually and automatically by 4 percent. The Performance Assurance Services agreement sum will be paid to Contractor in annual installments. These payments will be due and payable when the Client receives Contractor's invoice and in advance of the services Contractor is to provide. Continuing with On - Going Services in years 2 through Term of Contract, at the discretion of the Client. D. Termination. McKinstry is prepared to continue the guarantee and Performance Assurance Services (Measurement and Verification Responsibilities) for up to Term of Contract. Terminating the Performance Assurance Services automatically terminates the Guaranteed Energy Savings Agreement, and renders Contractor's savings guarantee null and void. Access. Contractor The Client will give McKinstry full access to all Equipment when McKinstry requests such access. If access cannot be provided, Contractor's obligations under this TSA as it relates to the inaccessible equipment will be suspended until such access to the Equipment is provided Miscellaneous Provisions. Any notice that is required to be given under this TSA must be in writing and sent to the party at the address noted in the Agreement. 2. Should any changes to relevant regulations, laws, or codes substantially affect Contractor's services or obligations, the Client agrees to negotiate with Contractor for appropriate changes to the scope of price of this TSA or both. Exhibit - PAGE 5 2. Performance Assurance Services. (also referred to as Measurement and Verification Responsibilities) - The Client's obligation under the Guaranteed Energy Savings Agreement is as shown above, over the term of this Agreement. A. Scope - Contractor Shall Provide the Following: The Contractor shall provide the services identified in Table E4: All pre and post retrofit measurements as needed to verify each FIM as noted in Table E4. • First Year Annual Report to the Client to illustrate savings and to establish ongoing units of energy saved for future annual reports. • Additional Annual Reports to update the Annual Savings with updated utility rates based on the average cost of utilities of the previous 12 months. Contractor's Equipment - The Contractor may provide tools, documentation, panels, or other equipment in the facility for the Contractor's convenience in performing the Contractor's Measurement and Verification Responsibilities. That equipment shall remain the Contractor's property. The Contractor retains the right to remove such items at any time during the term, or upon the termination of Contractor's Performance Assurance Services, 3. Annual Site Visits - Inspection/Technical support - Includes a yearly site visit to inspect/verify proper operation of Facility Improvement Measures (FIM's) as well as maintenance verification and staff development. Services also include operations review with the facilities' maintenance staff and consulting to provide insight regarding new sustainable technologies and procedures. 4. Reporting Services - Includes annual reporting of measured and verified and pre -agreed savings calculations. This Measurement and Verification Report will illustrate verified savings realized as a result of energy services project in conformance of the Measurement and Verification (M&V) Plan. Measurements and Verification Methods - The Contractor shall use the following methods (Table E4) to measure and verify utility savings in accordance with the Term: Exhibit - PAGE 6 c m C3 0 m co E 0 E co n 171- LLJ > 1. ka� I 'E E rS I -c E Z R, Vlt > .1 La > E 9 E� c E So > L 7E This Exhibit details the individual responsibilities of the Contractor, not otherwise set forth in this Guaranteed Energy Savings Agreement, in connection with the management and administration of the Savings Guarantee. The Contractor shall: 1. Review overall performance on an annual basis with the Client. The purpose of this review will be to determine the amount of any shortfall or excess of savings (based on first year Measurement and Verification multiplied by average annual utility rate) and strategically plan for improvement in the upcoming year. 2. (a) Recommend additional utility cost savings measures as observed (b) Offer opportunities to leverage new technologies in both existing and future facility improvement measures. Exhibit - PAGE 8 EXHIBIT F CONTRACTOR'S TRAINING RESPONSIBILITIES This Guaranteed Energy Savings Agreement includes the following training activities provided by the Contractor: Two 2 -hour training sessions at the facilities identified in Exhibit A to familiarize appointed Client staff member(s) on: • Operations & maintenance characteristics of newly installed equipment • Owner required on-going maintenance. • Preventative maintenance needs Exhibit - PAGE 1 EXHIBIT G CLIENT'S MAINTENANCE RESPONSIBILITIES The Client hereby agrees to assume the following responsibilities as part of this Agreement: 1. Maintain and/or Replace Faulty Equipment The Client shall properly maintain all equipment that is being repaired, replaced or modified as a result of the work identified in Exhibit A, or that will have an impact on the Contractor's ability to meet the Performance Guarantee. When it is necessary to replace the equipment that affects the Contractor's ability to meet the Performance Guarantee, the Client shall replace, it with an equipment of at least equal energy and operational efficiencies. Upon receiving a written notice from the Contractor describing any operational or maintenance deficiency, the Client shall immediately make arrangements to remedy the deficiency. Once the deficiency is corrected, the Client shall notify the Contractor to perform inspection on the remedial improvements. Notification of Problems. The Client shall promptly notify the Contractor of any system or building changes, which may impact the Contractor's ability to meet its obligation in Exhibit E. Current Responsibilities. The Client shall perform the following work before the Completion Date: • Be available for a project kick off meeting and project completion meeting • Be available for any on-site safety concerns as they may arise during project construction Designate appropriate personnel for signing off on pre and post Measurement and Verification of FIM's. 0 Designate appropriate personnel for signing off on completed training hours, Client to make the Contractor aware of any specific customer site conditions that will need to be adhered to during the construction phase of the project. The following are the responsibilities of the Client, not otherwise set forth in this Contract, in connection with the management and administration of the Performance Guarantee after project completion: 1. Provide the Contractor copies of all Utilities (gas, agri-fuels, oil, water, and electric bills) upon request. 2. Provide the Contractor with the following information: • Major schedule changes within 72 hours of occurrence • Major Facility Construction/Re model i ng/ Expansion changes or plans • Changes to HVAC equipment • Changes, additions, or deletions of major energy consuming equipment. • Occupancy or use changes. 3. Notify the Contractor equipment, controls, or strategy changes that might impact savings during the Measurement and Verification phase of the Project. 4. Maintain standard facility and building operation to conserve energy, including but not limited to the following: Keep windows closed; Maintain thermostat set points and schedules per this agreement; Turn off lights in unoccupied rooms; Control HVAC equipment in the unoccupied mode when space is unoccupied; Keep vestibule doors closed to reduce infiltration. Exhibit - PAGE I 5. Discuss with the Contractor before any changes with respect to utility deregulation or any proposed utility agreements, as it pertains to the facilities within this contract. 6. Ensure that Maintenance Personnel are properly trained throughout the term of this agreement. 7. Provide a security space on the job site for material storage, meeting room, and toilet facilities for the construction personnel. 8. Provide the installation and monthly cost of electronic access (internet or dedicated telephone line) used by the Direct Digital Control (DDC) system for on-line analysis, data transfer, trouble -shooting, and programming, between the Contractor and the Facilities. Exhibit - PAGE 2 EXHIBIT H GENERAL REQUIREMENTS 1.0 CONTRACTOR'S USE OF PREMISES The Contractor shall limit his or her use of premises for work and storage to allow for facility occupancy in all areas. The Contractor shall assume full responsibility for the protection and safekeeping of products under this contract stored on the site and shall move any products under his or her control that interfere with Facility operations. 2.0 BUILDING OCCUPANCY The Contractor shall cooperate with the Client to establish work schedules if disruption is necessary in any area. 3.0 ENERGY SYSTEM DISRUPTION The Contractor shall consult with the Client prior to disrupting any energy systems. 4.0 STORAGE OF MATERIALS The Contractor shall make arrangements with Client to provide for the storage of materials on the job site. If such arrangements cannot be made, contractor shall provide facilities necessary for storage. This may also include crew quarters and lunchroom facilities if necessary. All contractor storage areas must be confined to the area designated by the Client. 5.0 RECEIVING, HANDLING, AND STORAGE The Contractor shall receive from carriers at the Client and check, unload, handle and store all materials and equipment that are to be incorporated in the construction under these Specifications. The Contractor shall be responsible for the prompt unloading of materials and equipment. The Contractor shall provide all storage facilities for contractor -furnished materials and equipment. The Contractor MAY NOT use the Client receiving area, personnel or equipment to receive any materials unless approved by the Client. 6.0 TEMPORARY LIGHT, POWER AND WATER The Client will furnish all AC electricity and water. However, the Contractor shall furnish and pay for any/all temporary conduit, wiring and piping, as may be required from the nearest available point of service and shall remove same upon completion of the Work at no cost to the Client. 7.0 SANITARY FACILITIES The Contractor shall make arrangements with the Client for the use of sanitary facilities and shall be responsible for the cleanliness and conditions of said facilities until completion of the project. The Contractor shall remove any workman creating a nuisance on the premises from the site. 8.0 DEMOLITION AND REMODELING WORK: The Contractor shall remove existing equipment and materials noted on the Drawings or in the Specifications to be removed or as required for the installation of new construction. Dust, noise and vibration shall be controlled and held to a minimum. Demolition work shall be coordinated and conducted in a manner that will not interfere with the normal operation of the adjacent work areas. This work shall be planned in advance with the Client. Exhibit - PAGE I EXHIBIT H I SITE-SPECIFIC REQUIREMENTS In addition to the General Requirements, the Contractor shall conduct all operations in accordance with the following specific conditions at the Client 1.0 CLIENT RESPONSIBILITIES The Contractor shall direct all questions and concerns on the following items directly to the Client's Authorized Agent. A. Any item that affects the Contract. B. All items that affect the project schedule, work schedule, or hours of work. C. All items that affect materials handling and staging. The Contractor shall direct all questions and concerns on the following items directly to the Client. A. All items involving building security. B. All items involving work access to a specific area. This does not relieve the Contractor of detailed schedule and work plans. However, the Client will administer all discrepancies in the schedule. C. All items involving housekeeping and final work area clean up. 2.0 SCHEDULE The Contractor shall provide a detailed schedule showing the type of work and the areas by building. The Client's Authorized Agent will incorporate the Contractor's schedule in the project schedule. Updates of the project schedule will be the basis for the program reports. The Contractor shall consider the following items when preparing the schedule and work plans. A. Access The Client will be open Monday through Friday. No work will be performed on weekends or off -hours without the permission of the Client. B. Non -office Areas Non -office areas such as classrooms, hallways, lobbies and equipment rooms, will be available during the business day excepting scheduled classes or events. The Work in these areas shall not prohibit safe movement of building users. C. Exterior Work The Client will be open Monday through Friday. No work will be performed on weekends or off -hours without the permission of the Client. D. Scheduling Adjustments The Contractor will be required to adjust the construction schedule to accommodate both scheduled and unscheduled events. Exhibit - PAGE 2 3.0 PROGRESS MEETINGS The Contractor will hold joint progress meetings with the Client as mutually agreed upon. The Contractor must forward a copy of the weekly report to the Authorized Agent by fax or by e- mail. 4.0 DISPOSAL The Contractor shall be responsible for disposal or storage of all construction waste, trash and removed equipment. A. Disposal Facilities The Contractor must furnish all disposal facilities. Disposal in Client disposal canisters will not be permitted. B. Existing Equipment Existing equipment removed during the retrofit must be stored in a trailer provided by contractor. The Client will establish which equipment will be placed in storage. 5.0 OFFICE AND STORAGE FACILITIES The Contractor shall furnish office and storage trailers in accordance with their need and the following conditions: A. Office and storage trailers will be located in the designated area. B. All trailers shall be provided with pads and blocking to prevent damage to blacktop or grass. C, The Contractor's equipment, materials and waste must be enclosed and secured. Piles of material around trailers will not be permitted. D. The Contractor must receive all materials and equipment. Materials cannot be stored or staged at the loading dock. Parking will not be allowed at the loading dock 6.0 TELEPHONE SERVICE The Contractors must provide for their own telephone service as required. 7.0 ELECTRIC SERVICE The Contractor must furnish and install the electric service for the trailers as required. 8.0 RESTROOMS The Contractor may use Client restrooms. The Contractor must furnish all restrooms outside the building. 9.0 EATING AND LUNCH AREAS The Contractors shall be responsible for maintaining a clean, well picked up area presentable to Client occupants. "Pin-ups" or other offensive material will not be tolerated. 10.0 PARKING Exhibit - PAGE 3 Parking will be available as designated by the Client. 11.0 CLEAN-UP AND RESTORATION OF DISTURBED AREAS The Contractor shall be responsible for cleaning all work areas. A. Interiors - at the end of each day or shift, the Contractor shall pick-up, sweep or vacuum the work area to prevent tracking dirt through the facility. Damage to the facility including equipment, structures or the contractor at his or her cost must restore finish. B. Exterior - all sidewalk and other areas must be clear of excavated material and equipment. The walk areas must be swept clean to prevent tracking into building. Excavation must be well barricaded and lit at night. The Contractor must repair any damage to blacktop, concrete or grass areas from excavation or equipment. Grass areas must be repaired by excavation and replacing black dirt to 12 inches below grade and sodding the area. Exhibit - PAGE 4 EXHIBIT I PROJECT SCHEDULE The following is a Draft Project Schedule based on information available during development of the project. An updated project schedule will be developed, reviewed with the Client and then finalized prior to project commencement. Exhibit - PAGE I New Hope Ice Arena Preliminary Schedule ID Task Name Stan Fin'sh 13j227!31211 June Jul 4/5 14JU14/19 -May 4126� S13 .5/10 S/17 5)24 5131 6/7 6(146/21 6 1 Project Mobilization Mon 3/30/15 Mon 3/30115 _128 2 Construction of FIMS Mon 4/611S Wed 6/17/15 3 MAU Replacement Mon 4/6/15 Fri 6/22/15 4 Subcontract Agreement Mon 4/6/15 Wed 4/8/15 W 5 Construction Mon 4/27/15 Mon 5/25/15 6 Commissioning Mon 5/25/15 Fri 6/5/15 7 Punch/inspections/Closeout Mon 6/8115 Fri 6/12/15 _6 Power Factor Correction Mon 4/6/15 Wed S/6/15 9 Subcontract Agreement Mon 4/6115 Wed 4/8/15 10 Construction Mon 4/27/15 Fri 5/1115 11 Commissioning Mon 5/4/15 Toe 5/5/115 12 Punch/Inspections/Closeout Tue 5/5/15 Wed 5/6/15 13 Temperature Control Mon 4/13/15 Wed 6/17/1S IF Improvements IA Subcontract Agreement Mon 4/13/15 Thu 4116/15 IFS— Mobilualiork Mon 4/20/15 Fri 4/24/15 16 Construction Mon 4/27/15 Fri S/29/15 17 Commissioning Mon 6/l/15 Fri 6/12115 19 Punch/Inspections/Clo%emn Mon 6/15/15 Wed 6/17/15 Task Eklernal Milestone Manual Summary Rollup Split Irian— T.,k Manual Summary Project. Manawa_Constvuciion_� M,lestone lnact.� Milestone Start -only Date Wed 3/11/15 Sum—ry ln.ctite Summary Nni,h.cmly Projecl Summary Q�� Manual Task Deaciline External Tasks t-- V.'alio'-oftly proli'm Page I March 11, 2015 An updated project schedule will be developed, reviewed with the Client and then finalized prior to project commencement. Exhibit - PAGE I EXHIBIT 3 INSURANCE COVERAGE At all times during its performance under this Agreement, McKinstry shall obtain and keep in force comprehensive general and professional liability insurance, including coverage for death, bodily or personal injury, property damage, including liability and automobile coverages, with limits of not less than $1,000,000 each claim and $3,000,000 each occurrence. All such certificates evidencing such insurance shall name the Client as an additional insured. McKinstry represents that it has worker's compensation insurance to the extent required by law and agrees to furnish proof of such insurance for worker's compensation and the liability insurance, upon request. McKinstry shall provide all such certificates to the Client prior to commencement of services or delivery of goods. Exhibit - PAGE 1 EXHIBIT K BOND COVERAGE CLARIFICATION Contractor shall furnish performance and payment Bonds, each in an amount equal to the Construction Cost. The Bonds shall cover completion of the physical work per the approved design, and shall not guarantee or warranty efficiency or system performance. The Bonds shall not cover any obligation of the contractor to ensure that the work as constructed will result in any particular level of energy savings. Any suit on the Bonds must be brought within the period of one (1) year after substantial completion, as defined in the contract; provided, however, that if this suit limitation is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. CUSTOMER NAME: City of New Hope, MN ATTACHMENT FOR THE SPECIFIC CONTRACT TITLED: By: Printed Name: Title: Date: Exhibit K - PAGE I M*W4(:VJQ Originating Department Parks and Recreation By: Susan Rader, P&R Director COUNCIL Request for Action Approved for Agenda September 22, 2014 By: Kirk McDonald, City Manager Agenda Section Planning & Development Item No. 8.1 Resolution in support of a Mighty Ducks Grant application to improve air quality equipment at the New Hot)e Ice Arena Requested Action Staff recommends council approve this resolution so that a grant can be applied for from the State of Minnesota to improve air quality equipment at the New Hope Ice Arena, located at 4949 Louisiana Avenue North. The application has not previously been discussed with the City Council as staff has been waiting for the results of the recommissioning study being performed by McKinstry. Although staff has only received a preliminary report, the resolution of support is being brought forward at this time due to the quickly approaching deadline of October 1, 2014. Background After the completion of the energy improvement project at the ice arena, McKinstry was able to apply for tax credits for the project. A tax credit of $18,542 was received as part of the Energy Policy Act (EPACT), which provides rebates for energy efficiency projects, that the city can use for additional McKinstry services and improvements. The thought was to use the EPACT rebates toward previously identified issues at the arena. Several of the identified issues involved the HVAC system and the air quality in the south part of the arena. CIP dollars had been estimated by staff for some of the more obvious improvements. However, staff felt that more time needed to be spent identifiying the exact causes of the problems before repairs were started. CIP items include: Project Description Amount Budgeted Year Budgeted Replace south arena ventilation $30,000 2014 Connect south heating and dehumidification to new computer $5,000 2014 air/replace heat exchanger in south rink $15,000 2014 Le Add AC in locker and meeting rooms $30,000 2016 Motion by Second by To l:\RFA\P&R\ARENA\2014\R-approve application for Mighty Ducks Grant.doc Request for action, Page 2 September 22, 2014 Earlier this year, staff met with McKinstry staff to start looking into the above issues. To save on an hourly expense for an outside company to come in and evaluate the existing ventilation system, McKinstry recommended taking part in a "recommissioning study". The study is being paid for with a small amount of the EPACT funds and an Xcel Energy rebate, with no direct cost to the city. In this process, McKinstry engineers have reviewed the areas of concern and are finalizing the report. The report will act as a guideline of what improvements need to be made and will enable staff to more fully plan and budget the necessary resources. The concentration of the study was on the building systems in the south part of the arena. As a "hands on" benefit of the study, program controls and the sequence of operations of various pieces of equipment were tweaked to enhance operations - this was included in the cost of the study. The final report will detail a list of measures that the city would need to take for repairs or replacement of equipment. It will also include any projected energy savings resulting from the improvements. Most items will also include price estimates for the work. The grant application deadline is October 1, 2014. In order to prepare for a resolution at the September 22, 2014 Council Meeting, staff asked McKinstry for a preliminary report in order to help staff to identify improvements that could be requested for the 2014 Mighty Ducks Grant. As staff had suspected, the preliminary report confirmed that many pieces of equipment need replacement as they are several years past their life expectancy. Some air make up air units are no longer working, while others need many repairs. On September 22, city staff will meet with McKinstry staff and the account representative from Xcel Energy to receive the final report and discuss whether any of the specified repairs or improvements could be eligible for additional Xcel rebates. Recommendation Staff recommends approval of the resolution. The Ice Arena Fund could pay for the improvements but if no grant is received the scope of the improvements would have to be reduced. The building system in the south rink is almost 19 years old, which is past the life expectancy of many pieces of equipment. As there are numerous improvements needed, staff feels that it would be beneficial to apply for the current round of grants in order to leverage additional dollars for repairs that will need to be made at the ice arena. Staff would propose developing a phased approach for the repairs and continuing to apply for these yearly grants as long as they are available. Funding The grant criteria require a match of 1 to 1. Currently, there is $80,000 budgeted in the Arena 2014 and 2016 CIP for repairs and replacement of the HVAC system and other air quality equipment. There is also an estimated $15,914 remaining from the EPACT funds. Combined, this $95,914 could be used as the city portion of matching money for the grant. 1:\RFA\P&R\ARENA\2014\R-approve application for Mighty Ducks Grant.doc Request for action, Page 3 September 22, 2014 Attachments Resolution 2014 & 2016 CIP listings Mighty Ducks Ice Arena Grant Application Notice Preliminary report from McKinstry 1: \ RFA \ P&R \ ARENA \ 2014 \ R -approve application for Mighty Ducks Grant.doc City of New Hope Resolution No. 2014 - 125 Resolution in support of a Mighty Ducks Grant application to improve air quality equipment at the New Hope Ice Arena WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides for general funds to assist political subdivision of the State of Minnesota for the development of sport facilities; and WHEREAS, the city of New Hope desires to renovate portions of the New Hope Ice Arena South Rink HVAC System: 1) Estimates that the first phase of renovating said facility shall be $197,400 and the city of New Hope is requesting $98,700 from the Mighty Ducks Grant Fund and will assume responsibility for a match requirement of $98,700. 2) The city of New Hope agrees to own and assume 100 percent operation costs for said facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to be 50 years. 3) The city of New Hope agrees to enter into necessary and required agreements with the MASC for the specific purpose of renovating a sport facility and long-term project direction. 4) That an application be made to the State of Minnesota, MASC, for an amount presently estimated to be $98,700. 5) That Kirk McDonald, New Hope City Manager is authorized and directed to execute said application and serve as the official liaison with the MASC. NOW, THEREFORE, BE IT RESOLVED, that the city of New Hope will authorize a Mighty Ducks Grant application for New Hope Ice Arena air quality improvements Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of September 2014. Mayor Attest: 14tz"� /X�� 11L. City Clerk 1:\RFA\P&R\ ARENA\ 2014\R -approve application for Mighty Ducks Grant.doc 0 o 2 E E D, >* E* E o A x E z 6 71 16 o E. o �o E 2 'o g o >o o lo w E o a Z E E t5 .F o 0 to E iE E' o ja in 'o ca 16 E, 0 0 0 0 ol 6 6 o ol o 0 o 2 E E D, >* E* E 0 2 c 9 0 p 0 c o' 0 6 E 2 Z, 0 > o 2 = E x 2 3: CL ct 41 �2 N 0T. W.- co- .0- -.0 .2 0 0 0 m E 2 2 E tf a E E 2 0 0 .0 10 0 E 0 E E �j 0 _I iE E E ON 12 12 0 Z, o a -j6 0 a 0 t3 z 0 TM U) 0 0 0 0 la E: 0 E E .2 1 ji w o o o W z z Ir 01 CL IL a- 0- IL 'T 0 2 c 9 0 p 0 c o' 0 6 E 2 Z, 0 > o 2 = E x MASC MINNESOTA AMATEUR SPORTS COMMISSION MIGHTY DUCKS Ice Arena Grant Program Grant Application Notice GENERAL INFORMATION MINNESOTA SAMA rEUR PORTS COMMISSION The State of Minnesota, acting through its agency the Minnesota Amateur Sports Commission (MASC), is seeking proposals from interested communities to improve and develop ice arenas. Minnesota communities will be eligible to be awarded grants for the development of new ice arenas, the renovation and improvement of existing arenas, the improvement of arena indoor air quality, or the elimination of R-22 systems. Grant recipients must have at least one local partner who is a political subdivision of the state. The State reserves the right to cancel or amend the solicitation if it is considered to be in its best interest. Pimpose V --- The purpose of this grant is to assist Minnesota communities in developing new ice arenas, renovating existing ice arenas, improving indoor air quality, and eliminating the use of R-22. The result of a successful grant shall be to: a) Establish and improve ice arenas capable of hosting all ice sports competitions and training. b) Maximize the community's ability to generate economic benefits by promoting ice sports participation for females and males. Goals In addition to the purpose, the MASC also intends to accomplish these additional goals: a) Encourage communities and organizations to work in partnership to develop and operate ice arenas. b) Where possible, to encourage communities and organizations to develop arenas with multiple sheets of ice in order to reduce both construction and operating costs. c) Provide increased opportunities for female ice sport participation. d) Encourage the development of ice arenas that serve community sport and non -sport needs and ensure non -hockey groups will also have adequate access to the arenas. Tasks Respondents are asked to complete the following tasks: a) Complete responses to the content section of the application. b) Respondent may submit additional information and documentation if they enhance the goals of the project. c) Successfully comply with the grant terrns and complete the project on a timely basis. Agency Contact Prospective responders who have questions regarding this application may call or write: Lynda Lynch Fiscal Coordinator Minnesota Amateur Sports Commission 1700 105 th Avenue NE Blaine MN 55449-4500 Phone: 763-785-5631 Email: Ilyn.ch,0—imnsports.org Other State personnel are not allowed to discuss the proposal with anyone, including responders, before the proposal submission deadline. Interested applicants can review and complete an application on the agency's website (http://www.miisports.or�-)/i-niglity ducks.stm/) or request an application from the above contact information. Deadline All proposals must be postmarked no later than Wednesday, October 1, 2014. Responders must submit three copies of their proposal for agency review. Proposals must be seated in a mailing envelope, with the responder's name and address clearly written on the outside by an authorized official of the community. Grant Amount The MASC is authorized to appropriate up to $1,500,000 by the 2014 Legislature with limitations on each individual grant amount. To be considered, respondents must demonstrate how they intend to augment the state grant with matching contributions. a) Grant amount for New Ice Arenas. Communities may apply for up to $250,000 for each ice arena with a minimum $1 to $1 match from non -state sources. No grants will be awarded to new arenas that include R-22 refrigeration systems. b) Grant amount for Existing Ice Arenas. Communities may apply for a renovation grant for existing ice arenas may up to $200,000 with a minimum $1 to $1 match from non - state sources. c) Grant amount for Indoor Air Quality Improvement. i. Communities may apply for up to $20,000 for new electric ice resurfacing equipment. ii. Communities may apply for up to $200,000 for the replacement or renovation of HVAC systems to improve indoor air quality with a minimum $1 to $1 match from non -state sources. d) Grant amount for R-22 Elimination. Communities may apply for up to $200,000 to replace an existing R-22 refrigeration system with a minimum $1 to $1 match from non - state sources. Project Completion For 2014 grant award recipients, the project will be completed within 16 months after the grant contract officially begins. 0) Application Form a) Enter name of the local governmental unit responsible and the project name. If the application is for the continuation of a previously approved, state -funded project, use the same proj1ect name. Identify the previous project number if applicable. b) The primary contact person is the individual who will have direct responsibility for the day-to-day activities of the project and to whom project inquiries can be directed (e.g. Director of the Recreation and Park Department, Mayor, City Manager, County Engineer, etc.). c) Minnesota Tax Identification Number. d) Federal Employer Identification Number. List the federal employer identification number assigned to your local government by the Internal Revenue Service. e) House of Representative Legislative District Number where the facility is located. f) Signature of authorized official of the responsible agency, such as Chairperson of the County Board, Mayor, or other person as authorized by resolution from the governmental unit. Please date and include the legal name of applicant. Submit three copies of the application form and all application materials listed below. All executed documents must bear the original signatures. NEW ARENA APPLICATION Resolution of Local Applicant. The local government applicant is req6ired to execute a resolution which authorizes filing of the application and execu final agreements with the MASC. t�� Geographic Location. Prepare a geographic location M which clearly illustrates the location 2*1, of the proposed recreation site. Include on the map t ollowing items: a) Project name and date submitted. g to b) Main roads and secondary streets lea /ngto the recreation site (clearly labeled). c) North arrow and scale. If possible, the map should be 8 1/2,�41 inches. A photocopy of a county highway map (for county or township projects) oraf ity street map (for municipal projects) may be used, providing it meets the above criteria. F level map. ,,,Xlarge cities, the recreation site should also be shown on a district Site Plan. The prima purpose of the site plan is to clearly identify the proposed recreation area. The site plan ill also identify any existing facilities and park acreage and any developments c templated for the future. The following checklist is provided to assist with the preparation o e site plan. All of the appropriate checklist items must be included in the plan. Please prep e the maps neatly and legibly. Plans which do not reflect quality mapping will be returned to" the local sponsor for revisions. If possible, the entire sports facility site plan should be mapped on one sheet not 36 inches. Include on the site plan all of the following items which apply: a) Indicate all existing sport and support facilities associated with the prop�sa . b) Show all adjacent county roads, city streets, highways, etc., and label wi their numbers/names. c) Show city names, corporate limits, and section lines/comers. d) Indicate all lakes, rivers, streams, and wetlands and label with th i appropriate names, e) Identify all environmental intrusions. Examples include overh d and underground service lines, old roads, buildings, storm sewers, railroad tra s, etc. Environmental Intrusions Statement. Environmental intrusipfis refer to ALL man-made developments on, above, or below the sport facility. These ip&de buildings, utility poles and lines, roads, driveways, underground intrusions, pipeline��wer lines, sewer lines, railroad tracks, etc. Show every intrusion on the site plan. List and des5libe every intrusion. Prepare a mitigation statement for each intrusion, explaining how the efifects of the intrusion will be moderated. x Agreements and Arrangements. Include a�py of any legal agreements or arrangements with other organizations or governmental agenci articipating in the project. An example would be a joint powers agreement for developm f maintenance/operations with a school district, sport association, foundation, etc. 7110 Operations and Maintenance Stat "ment. Briefly describe the plan for operations and maintenance of the sports site. In7cate: a) Agency responsible fo /maintenance. b) Source of maintenan funds. c) Length of time areo will be open (seasonally and/or daily basis). Note: Government pro,16ct sponsors are prohibited from converting any portion of the project or non-public or non-sp uses or transferring ownership of the property without the approval of the MASC. Gove ent sponsors may contract or lease operations to a non-public entity, but ultimate ownershi and operational responsibility must remain with the original public sponsor. Letter of Cou ty Concurrence. If the applicant is a municipality or township, they must obtain er of Cou ter of su 0 ni strat r' P, or r m th( ) oul a 'a) /he county has reviewed the project; letter of su. ort for their project from their respective county, e.g., from the county administrat r, park director, planning director, or county board of commissioners. The letter of support fr m the county should include the following: c b T oul The county finds the project to be in accordance with the goals of the county outdoor recreation plan; and c) The county fully supports all efforts of the local applicant. 4 To assist the county with their review, the local applicant should provide the county with the geographic location map and the site plan. To assist the county, you may want to provide them with a draft letter for t eir use. This support 9ke letter should be requested at or before the time of submitting th Ii n to avoid a delay in 0' the processing of the application for approval. A letter of concu=Z—ot required if the applicant is a county. Comprehensive Plan. The local government applicant is req ired to demonstrate that the proposed sport facility is consistent with the local comprehe sive plan. The applicant should a /aneq ed pp' ic t is r r to cal comprehe sive plai j, demonstrate in writing how the proposed sport facility do not duplicate any existing facility in - it 0 acIn y the area. In addition, it should be demonstrated. that the roposed sport facility will be a .t,, . tj the communi complement to the existing infrastructure of facili ies the community. The MASC is also interested in knowing how the proposed facility fit ith the current park and recreation plans. The applicant should demonstrate and estimate t frequency and types of uses by local, state, regional and national participants. Do not submit the comprehensive plan. Local Financial Commitment. The, cal government applicant is required to provide either ,- Y, documentation of funds raised or to �Yemonstrate how it intends to raise the local financial commitment. A written plan shou�' be submitted on how the community intends to raise the fo c 0� �ti funds including a timeline r p e on. Please include any evidence of past fundraising efforts in the community of a similar ze and scope. If the community intends t use a local bond issue please indicate the date of intended bond issue vote or government boa vote. m m ve u u rn n n m it ty y en 0 in f t t b e a n 0 s d a i r m s ti vla 0 u r ts e e Economic Impact alysis. A goal of the MASC is to bring a new net economic impact to j Minnesota commu ities through the development and use of sport facilities. The local I - d government appl' ant is required to demonstrate the economic impact of the proposed sport j facility. The ec nomic impact study should concentrate on the numbers of visitors, including I j I out-of-state vi itors /who will travel to the site to participate in sporting events at the proposed L facility. I applicant should outline a typical annual schedule of events with corresponding Budgg(. The local government applicant is required to submit a complete capital budget and operqfing budget for the proposed project. EXISTING ARENA APPLICATION – RENOVATIONS, AIR QUALITY, & R-22 Applicants for existing arenas renovation grants are required to submit only the following documents (detailed descriptions available above): 1. Resolution of local applicant. 2. Site plan (i.e. map of arena) and outline of improvements or expansion. 3. Local financial commitment. 4. Budget of renovation project. a. Allowable projects preferred by the MASC include but are not limited to: i. Indoor Air quality improvement by electric resurfacing equipment or HVAC upgrades. ii. Ice plant repair and replacement of R-22. iii. Additional locker room, especially for female users. iv. Code, health and safety issues and energy conservation measures b. Ability to match state grant funds with a minimum I to I dollar match from non -state sources. c. Definition of an existing arena — any current arena with artificial ice that has conducted ice sport activity before January 1, 2014 shall be considered an existing arena for the purpose of this grant proposal. 5. Applicants must submit a five year maintenance plan for all renovation projects. 6. For Applicants submitting for a New Electric Resurfacer only. Applicants are required to describe their proposed future use of existing propane resurfacing equipment; i.e. will the existing propane resurfacing equipment be repurposed for an outdoor rink or sold to another indoor arena. EVALUATION CRITERIA The MASC Board will make final determinations for grant awards. The MASC will prioritize the grant awards on the following basis: New Arenas I . Demonstrated Ability of Applicant to Perform. a. Proof of committed resources necessary to develop and construct a new ice arena (including the proposed state grant). b. An established site plan and preliminary architectural plans. c. Owner and Operating Agreements established. d. Proof that the land for site is committed or secured. e. An established timetable for construction to meet MASC project deadlines. i. Proof of operating plan for financial viability. 2. Demonstration of Partnerships. a. Documentation that respondent has formed public and private partnerships to develop and operate a new ice arena(s) that may include cities, counties, school districts and private groups. 3. Demonstrated Need for New Ice Arena. a. Demonstrate that an adequate participation base exists or can be developed within one hour drive from arena. Existing Arenas 1. Expressed understanding of proposal objectives and goals. 2. Quality of response to evaluation criteria. 3. Budget and cost detail and quality of financial commitments. 4. Ability to meet legislative requirements. LEGISLATIVE REQUIREMENTS Respondent should note the specific statutory requirements. Minnesota Statutes Section 240A.09, the MASC enabling legislation, was amended in 2014 to include additional criteria and priorities. The statute directs the commission: I . To give priority to grant applications that improve and meet state air quality standards. 2. To give priority to grant applications that replace and/or install refrigeration systems that eliminate R-22. 3. To give priority to proposals submitted by more than one local government. In the metro area priority is also given to proposals that involve the construction of at least two (2) ice sheets in a single facility. 4. To accept proposals that have matching contributions including in-kind contributions (land, parking) and provide equal time for female groups. 5. To the extent possible, award at least 50% of the grants to projects in Greater Minnesota. 6. To use at least 10% of the grant funds for ice centers designed for sports other than hockey. STATE CONTRACT RULES Normal state contract rules will apply to this project. 7 try L fe Of Your Building City of New Hope New Hope Ice Arena Re -Commissioning Study Report August 2014 Table of Contents SECTIONI - Executive Summary ......................................................................................................... 3 1.1 Xcel Energy Disclaimer ........................................................................................................... 3 1.2 Executive Summary ............................................................................................................... 4 SECTION2 - Introduction .................................................................................................................... 6 2.1 Introduction ..................................................................................................... 6 2.1.1 Purpose of the Recommissioning (RCx) Study Plan ............................................ .... 6 2.1.2 Project Location Description ................................................................................ # . .. .. ....... 6 2,1.3 Recommissioning Overview ............................................................................ 6 ............. 2.1.4 Equipment and Systems ................................................................. .. .................. 7 Y X�� 2.1.5 Recommissioning Process ............................................................... ........................ 8 2.2 Contacts ........................................................................................... ............................ 9 Avarak IRL.0 2.2.1 Owner: City of New Hope .......................................................... 14 ... 1%*1N, ............... 9 2.2.2 Recommissioning Provider: McKinstry ................................... 1;Z12 1< .................................. 9 2.3 Responsibilities ......................................................................... ............................................ 9 2.3.1 General .................................................................... ... .................................................. 9 2.3.2 Owner/Operator Responsibilities ......................... ....... * ...... * .......... 9 2.3.3 RCA - Recommissioning Responsibilities ....... ... . .. .......................................................... 9 2.3.4 Contractor - Recommissioning Responsibilities .... .............................................................. 10 SECTION 3 - Building Information ............................ .......................................................... 11 3.1 Building Description ............................. .. ...................................................................... 11 3.1.1 Current Operating Schedule for WO*d* ,,s.,and Weekends ........................................ .... . . .. 11 3.3 Energy Profile ............................... ...4 ................................................................................... 12 3.3.1 Total Annual Energy Consump ...................................................................................... 12 3.3.2 Annual Electric Consumppc't.t2 �.013/2014) ........................................................................... 13 3.3.3 Annual Electric Dema.T,W'NQ13/�014) ................................................................................. 13 3.3.4 Annual Electric Bilte� irr'ibunt (2013/2014) .......................................................................... 14 3.3.5 Annual Natural d�s Co�sumption (2013/2014) .................................................................... 14 3.3.6 Annual Naqz(pl`(ja�Biiled Amount (2013/2014) ................................................................... 15 SECTION 4 - Energyt6ns��vation Opportunities (ECO's) ....................................................................... 16 4.1 Sum, a 01f, functional Testing ............................................................................................. 16 4.2 En nservation Opportunities ........................................................................................ 16 SECTIO 95 , , itional Improvement Opportunities .............................................................................. 20 AOQ�� Ap a 5 § - Recommissioning Recommendations ............................................................................. 20 5.2N Overall Recommendation ...................................................................................................... 22 NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Q",- 2 Re -Commissioning Report SECTION 1 - Executive Summary 1.1 XCEL ENERGY DISCLAIMER The estimated costs shown for each opportunity are based on previous experience with compa bl st ra e c s reduction plans in other facilities. While the energy conservation and load management measures co�n!��ined 'in this report have been reviewed for technical accuracy, Xcel Energy and McKinstry do not guarantee t savings or reduction in total energy requirements presented in the recommendations. Xcel Er McKinstry shall, in no event, be liable in the event that the potential energy savings are not eV The recommendations are based on an analysis of conditions observed at the time of the su�v`e'y, information provided by Xcel Energy, and costs based upon McKinstry experience on similar projects..,E�b,mated savings are computed on the basis of research by government agencies, product literature, arid, i�qqineering associations. Actual savings will depend on many factors including conservation mea" "" ' ,sure,s implemented, seasonal weather variations, fuel price increases, and specific energy use practices,,oflt". facility's occupants and workers. Performance guidelines provided in the report are for information#.pOpo�es only and are not to be construed as a design document. This report is written for energy savin4.`0qrp'666s only and should not be used for bid specifications. Xcel Energy will not benefit in any way from your decision to select a�,VA�ticular contractor or vendor to supply or install the products and measures recommended by McKinstry. Yoti.,are-.pricouraged to ask for the option of contractors or suppliers you have worked with in the past for furt�6'('�'_tjnf6 fOation on the suggested measures. 'N Disturbance, removal or replacement of building material, 1i I . 10 vio � system, high intensity discharge and ,C,a r fluorescent lamps, lamp ballasts, power factor correction ipa tors, starting and running capacitors of motors and other potentially hazardous components that contafi*,,�Sbe��'tos, mercury or PCBs will require proper handling and disposal in accordance with applicable fe'deraVand state laws and regulations. It is the customers responsibility to ensure that the contractor follows,:!�66':�611idelines in implementing the recommendations of this report. ,^% i eir Xcel Energy sales representative to determine the �0 I Xcel Energy advises that customers check wX estimated value of their rebate and to ve�jfy�that the equipment qualifies for Xcel Energy programs prior to implementing any conservation measu ' re.,.,*$ome measures identified in this report may qualify for an Xcel Energy Custom Efficiency rebate. CLtstomlEfficiency projects require pre -approval prior to purchase and installation. The customer is respMsibte for "submitting project information to their Xcel Energy sales representative to obtain pre-apift'^i6r Custom Efficiency projects and to determine the eligible custom rebate amount. V,* ,%we Avokw fpstry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Re -Commissioning Report 1.2 EXECUTIVE SUMMARY Under the Xcel Energy Recommissioning Program, McKinstry completed a recommissioning study for the New Hope Ice Arena located at 4949 Louisiana Avenue North, New Hope, MN 55428. All areas of the facility with exception to the ice making equipment and north rinks are part of this RCx study. The goal of the Xcel Energy Recommissioning Program is to achieve electrical and natural gas energy savings in commercial buildings in the Xcel Energy service territory. Xcel Energy is a provider for electric service only at this location. Tftstudy focuses on the buildings existing equipment and identifies ways to make them run more efficiently. 1Sav!h9s are realized through the systematic evaluation of building systems and implementation of low-costaoa�lno'- cost measures targeted to improve system operation and, in many cases, improve occupant comf�rt-;, As a result of these activities, seventeen primary Energy Conservation Opportunities (ECOQ"��e identified, and are presented in the Energy Conservation Opportunities section below. All of the meoltdrg�.s,-bn the list are recommended for implementation as they will deliver significant cost savings and slhotAjd'-4� implemented in a timely manner. For each of the measures anticipated to deliver savings, engineering estimates Of el. I demand, energy � 0'aft and cost saving potential, implementation cost, and simple payback perioo*,"re�0,6`he. The primary recommendations are as follows: ECO -1: AHU S1 runtime reduction ECO -2: AHU S2 runtime reduction ECO -3: MAU 1 runtime reduction ECO -4: MAU 2 runtime reduction ECO -5: MAU 3 runtime reduction ECO -6: MAU 4 runtime reduction ECO -7: MAU 5 runtime reduction ECO -8: MAU 6 runtime reduction ECO -9: MAU 7 runtime reduction ECO -10: MAU 8 runtime reduction ECO -11: MAU 9 runtime reduction ECO -12: DHU 1 schedule unit op&ption based on space conditions, night setback ECO -13: DHU reactivation fo re , �ilrs/sclheduling ECO -14: EF 3 scheduling fnstry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Re -Commissioning Report The total estimated savings for the recommended recommissioning measures total 88,335 kWh and 4,067 DecaTherms with a total of $35,859 per year in energy cost savings. The estimated implementation cost for these measures is $43,000 resulting in a 1.2 year payback. ECO kWh Savings-$ Therm Saviings-$ Total Cost to lrnp�ernent Total ECO Savings ECO - 1 $493 $1,858 $3,250 $2,351 ECO - 2 $1,063 $3,214 $3,250 $4,277 �ECO-3 $643 $6,452 3,250 $7,095 ECO - 4 $476 $4,417 $3,250 $4,893'�. ECO - 5 $428 $2,059 $3,250 2,48S,,�`, ECO -6 $71 $1,486 $3,250 1, 55-7 ECO - 7 $119 $1,033 $3,250 ECO -8 $119 $1,033 $3,250 ."\,211,152 ECO - 9 $309 $3,839 $3,250 $4,148 ECO - 10 $309 $3,839 $3,250 $4,148 ECO - 11 $214 $869 $3,250 �1,083 ECO - 12 $407 $0 $3,250 $407 ECO - 13 $1,065 $0 $3,250 $1,065 ECO - 14 $43 �0 $43 SAVINGS TOTAL $5,760 $30,099 600 $35,859 tpa � .......... ............. NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 0"'. 5 Re -Commissioning Report SECTION 2 - Introduction 2.1 INTRODUCTION This report presents the findings resulting from the recommissioning study conducted for the New Hope Ice Arena. The Xcel Energy Recommissioning Program is designed to achieve demand and energy savings,,in commercial buildings in the Xcel Energy territory. Savings are realized through the systematic evaluat5% of building systems and implementation of low-cost and no -cost measures, targeted to improve syst operation and, in many cases, improve occupant comfort. The primary objectives of the Recommissioning Program are as follows: • Reduce electric and gas energy demand and consumption expenditures • Reduce operation and maintenance expenditures • Improve building system control and occupant comfort • Identify non -energy savings maintenance items uncovered during th valuation . tsg • Recommend additional energy saving opportunities on capital pr ts are identified during this investigation u I a A detailed on-site investigation of the primary energy -using equipme!lt.jn the uilding was conducted in July 2014. For each selected piece of equipment, functional test proceclur�s ' Te carried out. Equipment was inspected for proper operation with assistance of the owner and q0e,_1 2.1.1 Purpose of the Recommissioning (RCx) Stu a This recommissioning (RCx) Study Plan outlines the e c n of the RCx process for the New Hope Ice Arena. Herein described are the responsibilities of the var.i. ;,Vrties involved in the recommissioning execution and the procedures by which all parties will endeayQ.,r to ensure the facility is investigated, analyzed, tested, and I � , " �. documented to meet the Owner's Facility ReqJ)irdrrie s (OFR), sequence of operations, and O&M criteria. 2.1.2 Project Location Description ft2 This recommissioning project includift one ep(isting 66,440 ice arena building, located at 4949 Louisiana Avenue North, New Hope, M I '%e compressor room and north rinks were part of a recent upgrade and were not included in this RCx u . ee 2.1.4 below for a list of building equipment included in this recommissioning study. ,, N 5 2.1.3 Recommissioning verview Z a Recommission ns N systematic process of investigating, analyzing, and optimizing facility mechanical and lighting systems t eir peak performance. This is accomplished through the investigation of the existing system performance, the adjustment of the operating parameters, and the repair of faulty equipment. RecoriorniSsio , ming is intended to optimize the existing systems without having to add new components. The study : 41'mcover low cost energy conservation opportunities (ECOs) with attractive paybacks. The recornr�issioning process assists in making the building systems perform interactively to meet the owner's curreni\facility requirements. Additionally, the process provides the facility staff with tools to support ongoing operational improvements through increased facility and system knowledge. Finally, the recommissioning process utilizes and incorporates all parties involved in the facilities operations ensuring system optimization and performance over time. hStry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Re -Commissioning Report The following are primary elements of the recommissioning process: • Identify and document the Owner's goals and operating requirements for the facility • Defining the systems and equipment performance criteria as outlined by the Owner's requirements, original design, as -built drawings, O&M manuals, sequence of operations, and controls documents • Identify and make recommendations to resolve building system operation, control, and maintenance issues • Improve building performance by improving efficiency and reducing operational costs 4'. Improve the indoor environmental comfort and quality N" • Document current system operation through logging, trending, and testing of the syste , tcW§ u re that they are interacting and performing optimally • Identify O&M personnel training needs • Coordination by the Recommissioning Authority (RCA) to oversee and coordinate t,* R(Px process, with all parties playing a vital role in the commissioning process 2.1.4 Equipment and Systems The following systems and equipment are included in the scope of the Recommfssjoning Study: A. Mechanical/HVAC Systems 0 2 Air Handling Units 0 9 Make Up Air Units 0 12 Exhaust Fans 0 1 Gas Fired Desiccant Dehumidification Unit 0 1 Rooftop DX Condensing Unit 0 Honeywell Control System fatry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 7 Re -Commissioning Report 2.1.5 Recommissioning Process The following provides an overview of the RCx process and defines the project phases in the terms used in the process. Project Phase and Description RCx Sequence Planning Phase: Development Preliminary RCx Kick -Off Meeting to provide basic information of of the Recommissioning goals, the process that will be performed. facility requirements, and a Owner's Facility Requirements are established based tQn'- commissioning plan. questionnaires and interviews provided to and byppe'&ns ,!a Staff. RCA and Owner define Recommissioning Goal RCA and Owner define roles and responsib;_N5 all recommissioning participants. RCA and Energy Engineer quantitative ff rrt�agUre and benchmark the current building performance,..,,. RCA performs a preliminary facility, 4&Wrment review to create an overview of both available facility dQcuments and to increase understanding of current systems and operations. RCA with the Owner's O&M` stai�., and the BAS Control Vendor will initiate BAS trending arvd;,dita t9 gging to identify issues, highlight particular problem§ Q�anoh8ali6s, and verify if the system is .- meeting the OFR. 1.�� RCA and Owner r1bprt-s6htative complete initial facility walk through estal�fir�h�41a general understanding of systems and equipment lo�cati6ps. 0 RCA devpi�ps RCx Plan to clearly express: goals, roles and respon,sib,iffties, communication protocols, major activities and taNJnd overall RCx project schedule. Investigation Phase: Field 0 RC6performs a detailed document review to determine both inspections, data gathering, -�pr& performance characteristics and systems integration. testing, and analysis to accurately 9,-,, '�CA performs a thorough and detailed site survey walk through assess system performance and td evaluate issues identified in the planning phase and observed identify improvement d�ring the detailed document review. opportunities. 0 RCA performs current building occupant interviews to establish additional facility operational issues, needs, or potential improvement opportunities. RCA will develop site specific functional performance tests (FPT) to verify system operation and optimization opportunities. RCA with the owners O&M staff, Owners Mechanical and BAS Control vendor shall perform FPT testing on major system components and document the results. RCA will create a Master List of Findings Log to include: number and description of findings, estimated energy (electricity and gas) usage and savings, estimated operational savings, estimated cost to implement findings, simple payback, and any additional capital improvement opportunities for energy or operational savings. RCA will provide a written report outlining specific building infrastructure, energy profile, annual gas and electric consumption, investigation findings, and energy savings opportunities with a summary of recommendations for implementation. Qkstry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT .� 0 Y .. 800ft Re -Commissioning Report 2.2 CONTACTS 2.2.1 Owner: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Contact: Susan Rader, Director New Hope Parks & Recreation (763) 531-5152 2.2.2 Recommissioning Provider. McKinstry McKinstry 6900 Wedgwood Road North, Suite 480 Maple Grove, MN 55311 Contact: Terry Freese, Commissioning Engineer (612) 581-9246 2.3 RESPONSIBILITIES 2.3.1 General All parties involved in maintenance and operations of the New H na bear responsibility in the RCx process. 2.3.2 OwnerlOperator Responsibilities A. Planning Phase 1. Reviews, comments, and accepts 9r,.qqj9tts,*a I recommissioning documentation provided by the RCA. 2. Attend progress meetings to obse progress and discuss current findings and recommendations. 3. Involve operators in the inspq t(ph p .�Ct( h P" cess and communicates their experience, observations, and recommendations. 4. Witness equipment and sylst6m�trending and data logging procedures for learning and comprehension of the RN proc4ss. 5. Make operators avaiM I Wiojor preliminary site walk and information gathering requirements. 6. Makes all facility pKr�tjo`ns documentation available including: specifications, submittals, as -built drawings, 04M <pcMents, previous commissioning or recommissioning studies, sequence of operations, et& X B. Investigation� Pbase- 1. Attehds'4 required RCx status meetings. 2. ProViddsc6ntact information and access to facility tenants for information gathering interviews, 3. Wit 'pe"/pa rtici pate in Functional Performance Tests for learning and comprehension of the RCx lkrbcess. hd6 avor to fully understand the relationship between the Owner's Facility Requirements (OFR) Ar a f&. I Nnd the system and equipment inspections, operation and maintenance to improve operational eff iciency. 2.3.3 RCA — Recommissioning Responsibilities A. Planning Phase 1. Review documentation for the equipment and systems included in the RCx scope as described in this RCx Plan. try NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Voldmg Re -Commissioning Report 2. Prepare RCx plan. 3. Prepare and perform diagnostic trending and logging to benchmark current operations. 4. Develop Owner's Facilities Requirements (OFR) and establish Goals of RCx process. B. Investigation Phase 1. Develop major equipment functional performance tests specific to the facility. 2. Verify sequences of operations under all modes of systems/equipment operations 3. Document functional performance test results, issues, and recommendations. 4. Optimize system settings as required and practical during the functional performance meet the OFR and pre -approved by the Owner. 5. Provide Owner with final recommissioning study report. 2.3.4 Contractor — Recommissioning Responsibilities A. Planning Phase 1. No Activities B. Investigation Phase ell N 1. Contractor shall be available for information gathering intervie4if , V*de overview of current system operations, issues, and concerns. 2. Contractor shall be available for all required RCx status ma�a�ings.' 3. Contractor shall be available to provide assistance in verlfyin#.-,F_urrent sequences of operations rations. under all modes of systems/equipment ope 4. Contractor shall assist, as needed, in major ui e fu'ttcti6nal performance tests. 5. Contractor shall assist, as needed, in optimizin ��settings and monitoring changes on an ongoing basis to meet the OFR and system ibn strategies for comfort and energy efficiency that are accepted by the Owner. AV 1% qL 4 ffistry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 10 Re -Commissioning Report SECTION 3 - Building Information 3.1 BUILDING DESCRIPTION The New Hope Ice Arena is a 66,440 ft2 building which was built in 1975 and is owned and operated by the City of New Hope, The facility consists of two air handing units (AHU). One AHU, S1, is located in the4,Lrst floor mechanical room and provides heat from a gas fired burner to the first floor offices and corridor areasVere is no cooling provided by this unit. The unit has both return and outside air ducted to the mechaniqgNo-m. The second AHU, S2, is located in the mechanical room on the second floor and serves the dance -StLjdi0:- This AHU is equipped with both a gas fired burner and DX cooling from a condensing unit located on-,��b roof . The S2 AHU also has clucted return and outdoor air. The facility also has nine make up air units (MAU) fhat serve individual zones. These MAUS all have individual gas fired burners and are used to maintain',sp6ce temperatures in the team locker rooms, lobby, meeting room, training rooms, and the sQuth'arena space. MAU's 1, 2, 7, and 8 draw in 100% outside air and have interlocked exhaust fans. Toj� so�th rink has one gas fired desiccant dehumidification unit to maintain a space dew point and temperature�, This unit operates 24/7 and cycles based on space conditions. The rink portion of the facility requires spac6,g�hditioning year round which includes heating and dehumidification. The dance studio is the only space to.at has mechanical cooling. The remaining spaces utilize gas heat and outside air for cooling and space`,iq6riidjtianing. The South rink MAU units start/stop and temperature control is achieved via time clocks and a morival temperature selection control panel. S1 and S2 serving the office and dance studio areas ar * oth 66ntrolled by a Honeywell automation control that is no longer supported. The North rink of thei.:fadlity which was updated in 2012 has an Alerton Digital control system that has sufficient capacity to up*&,the.Yemaining building equipment. 3.1.1 Current Operating Schedule for Weekdays and Weekends The New Hope Ice Arena has a consistent operating s e 'e throughout the year. The facility is used for the majority of the day during the week and weekend nRea$ge patterns vary throughout the year, but not in significant amounts. Ir Ar V fnstry NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Re -Commissioning Report 3.3 ENERGY PROFILE 3.3.1 Total Annual Energy Consumption The total energy consumption for both the natural gas and electrical usage is captured in the graph below. As can be seen, 34% of the energy cost is natural gas. The primary natural gas equipment utilized by the facility is the makeup air units and dehumidification unit. The remaining 66% of the energy cost in the facilit)��,�s electrical energy. The electrical equipment consists primarily of ice making equipment, lighting, fan pwptdq�§, and other miscellaneous equipment throughout the facility. A NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 12 Re -Commissioning Report 3.3.2 Annual Electric Consumption (201312014) The electric kWh usage for the New Hope Ice Arena is shown below: The above graph shows the electrical consumption from 3une.20�ith rough May 2014. As the graph shows, the electrical usage follows a consistent pattern of use withbut,a rhajor change in the summer vs. winter months. 3.3.3 Annual Electric Demand (201312014)?_!*\ The electric demand for the New Hope Ice Areqa:lis shown below: NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Q..SNY 13 Re -Commissioning Report 3.3.4 Annual Electric Billed Amount (201312014) The electric cost for the New Hope Ice Arena is shown below: 3.3.5 Annual Natural Gas Consumption (201312014k"� The natural gas consumption for the New Hope Ice Ar wn below. The gas consumption is the highest during the winter months when the building heating I i!�-the highest. NEW HOPE ICE ARENA RE -COMMISSIONING REPORT (Mn"y 1.4 Re -Commissioning Report 3.3.6 Annual Natural Gas Billed Amount (201312014) The natural gas cost for the New Hope Ice Arena is shown below: Q. -T try NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 15 #OdMy Re -Commissioning Report SECTION 4 - Energy Conservation Opportunities (ECOs) 4.1 SUMMARY OF FUNCTIONAL TESTING Functional testing was conducted on each system and associated equipment by verifying sequence of operations, time schedules, set points, and modes of operation. Each test was performed to valiclatedamper position & operation, HW valve and coil operation, accuracy of sensors, fan operation, boiler system op'6rption, DX cooling system operation, and VAV unit operation. The following list of Energy Conservation Opputq0ties (ECOs) was established through the functional testing and investigation of these units. 4.2 ENERGY CONSERVATION OPPORTUNITIES (See XCEL Energy calculation tool for energy savings calculations) ECO - 1 AHU S1 runtime reduction Issue ppe *i �g schedule does not reflect typical occupancy patterns of facility Issue Operating schedule do��s_pdt.�(eO .,J.Iect typical occupancy patterns of facility Issue Operating schedule does not reflect typical occupanrypa� terns of facility Repair _ Implement new occupied schedule of 8:00 AM - 11,�00 PM 7 days per week. kWh Savings 7,555 DecaTherm s4,%itons 1 251 Total Savings $2,351 Cost to $3, -Sc Mkl t Simple 1.4 years Implement Pavback ECO - 2 AHU S2 runtime reduction Issue ppe *i �g schedule does not reflect typical occupancy patterns of facility Issue Operating schedule do��s_pdt.�(eO .,J.Iect typical occupancy patterns of facility Repair Implement new occupi6a��scheclule of 4:00 PM - 11:00 PM 7 days per week. kWh Savings 161303 ca Therm Sav 434 De I as Total Savings $4,277 to L $3,2 so Simple 0.8 yea rs Mkl t Pavback ECO - 3 MAL4�1'4,tntime reduction Issue ppe *i �g schedule does not reflect typical occupancy patterns of facility Repair IMplement new occupied schedule of 8:00 AM - 10:00 PM 7 days per week kWh Savings'..," 9,855 Deca Therm Savi gs 872 Total Savil'46p, .� 11� $7,095 'ost to C � Implement $3,250 I Simple I Payback 0.5 years NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Q.- 16 Re -Commissioning Report ECO - 4 MAU 2 runtime reduction Issue Operating schedule does not reflect typical occupancy patterns of facility Repair Implement new occ i d hedule of 8:00 AM - 10:00 PM 7 days per week kWh Savings 7,300 77 Deca Therm Savi gs 597 Total Savings $4,893 Costto Implement $3,250 Simple Payback 0. 7 V6a rs ECO - 5 MAU 3 runtime reduction Issue Operating schedule does not reflect typical occupancy patt eqig ...pf facility Issue Operating schedule does not reflect+ypf6al occupancy patterns of facility Repair Implement new occupied schedule of 8:00 AM - 10:0q-,PM._"'7,-,days per week kWh Savings 11% B I .� 6,570 Deca Therm Savii qs 278 Total Savings $2,488 Cost to $3,250 Simp I e 1.3 years Simple 7113ayback 2.8 years Implement implement Pavback ECO - 6 MAU 4 runtime reduction ,�X��% Issue Operating schedule does not reflect+ypf6al occupancy patterns of facility Repair Implement new occupied scheqa�ior-6:00 AM - 10:00 PM 7 days per week kWh Savings 1,095 1 ..-- qe,itza therm Savings 201 Total Savings $1,557 cost,.klo $3,250 Simple 2.1 years Simple 7113ayback 2.8 years Impllemeni'� implement Pavback ECO - 7 MAU 5 runtime 4ab'tAon ,�X��% Issue Operating 06, e does not reflect typical occupancy patterns of facility Repair Irnpleryl�WC-bew occupied schedule of 8:00 AM - 10:00 PM 7 days per week kWh Savi ngs �,-.8 2 5 Deca Therm Sa 140 Total Savings IL ,I 2 Cost to 7t $3,250 Simple 7113ayback 2.8 years implement Implemen I ,� EC0,4" %..,� MAU 6 runtime reduction ,�X��% lis u e Operating schedule does not reflect typical occupancy patterns of facility R�'paiir Implern nt new occupied schedule of 8:00 AM - 10:00 PM 7 days per week kWh Savings 11825 1 Therm Savings 1 140 Total Savings $ 1,152 Cost to 3,250 $ � Simple 2.8 years implement Pavback NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 17 Re -Commissioning Report ECO - 9 MAU 7 runtime reduction Issue Operating schedule does not reflect typical occupancy patterns of facility Repair Implement new occupied schedule of 8:00 AM - 10:00 PM 7 days per week kWh Savings 4,745 Deca Therm Savi qs 1 519 Total Savings $4,148 Co I emen Implist to t $3,250 Simple Payback 0.410ais ECO - 10 MAU 8 runtime reduction Issue Operating schedule does not refie�t-tyoical occupancy patterns of facility Repair Operating schedule does not reflect typical occupancy paftvrn� of facility Issue 3,285 �,.:lbeca_ Therm Savings 117 Repair Implement new occupied schedule of 8:00 AM - 1�0,06:F)1�47 aays per week kWh Savings 4,745 Deca Therm Savii 519 Total Savings $4,148 Costto Implement $3,2510 S imple pi 0.8 years kWh Savin, -7— Therm Savings 0.0 6,242 Total SaV61,919, $407 ayback $3,250 ECO - 11 MAU 9 runtime reduction Issue Operating schedule does not refie�t-tyoical occupancy patterns of facility Repair Implement new occupied sc , eda, of 8:00 AM - 10:00 PM 7 days per week kWh Savings 3,285 �,.:lbeca_ Therm Savings 117 avings $1,083 C64 $3,250 impleililt;6n't Simple Pa back 3.0 years ECO - 12 Dehumidifi C -Scheduling/DHU 1 scheduling/set point adjustment .Unif Unit opqra�% ?it same temperature/clewpoint set points during unoccupied and Issue occLfpi6d, De'riods. Cob,Ked to building automation system and add occupied/u noccu pied set points. Repair ,,Ard'gram the DHU to an increased dew point level to allow unit to shut off as xneeded during the day kWh Savin, -7— Therm Savings 0.0 6,242 Total SaV61,919, $407 Cost to $3,250 Simple 8.0 years iplement Payback NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Q IS Re -Commissioning Report ECO - 13 Dehumidification unit reactivation fan control Issue Reactivation fan sequence will be revised to follow DHU schedule and new set Issue points. Dewpoint sensor for reactivation is out of calibration and dewpoint is kWh Savi s being lowered further than needed Repair Connect to building automation system and replace defective sensors kWh Savings 16,333 Therm Savjins 0. Total Savings $1,065 Cost t 0 � $3,250 Simple $�A,years $3,250 $7,095 Implement Payback $3,250 ECO - 14 EF 3 scheduling adjustment Issue Operating schedule does not reflect typical occupancy'Ptftt6r,0's of facility Repair Interlock EF with DHU 1 kWh Savi s 657 Therm Savings 0.0 Total Savings:L $43 Cost to Implement $750:�' Simple Payback 17.5 y ears ECO kWh Savings-$ Therm Saviing4r��',,-__Ilf' Total Cost to Implement Total ECO Savings ECO - 1 $493 $1,08 $3,250 $2,351 ECO - 2 $1063 %3ij f4 $3,250 $4,277 ECO - 3 $643 L6�02 $3,250 $7,095 ECO - 4 $4;,417 $3,250 $4,893 ECO - 5 _$476 $428 $ 2,0 5 9 $3,250 $2,488 ECO - 6 $71 $1,486 $3,250 $1,557 ECO - 7 $119 $11-10-33 $3,250 $1,152 ECO - 8 $119 Z�. T $1,033 $3,250 $1,152 ECO - 9 3 09' $3,839 $3,250 $4,148 ECO - 10 1-3bq"* $3,839 $3,250 $4,148 ECO - 11 $869 $3,250 $1,083 ECO - 12 $407 $3,250 $407 ECO - 13 $1,065 $3,250 1,065 ECO - 14 $43 $750 $43 SAVINGS,,,, TOTAL $5,760 $30,099 I $43,000 $35,859 NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 19 Re -Commissioning Report SECTION 5 - Additional Improvement Opportunities 5.1 NON - RECOMMISSIONING RECOMMENDATIONS This section includes additional issues identified during the study, including maintenance related items and suggestions for equipment repairs or replacement. The improvements provided by implementing thege, items will typically improve comfort or provide simplified operations. These measures are not included in the KO section and do not appear on the Xcel Energy ECO form because energy saving calculations are not- �'a* jeva bl e without the results of more detailed investigations/studies. 5.1.2 MAU 1 replace defective heat exchanger Issue MAU 1 has two gas heat exchangers one of wh'(6,h is'defective and is not being used. The unit has difficulty ma - f�n"6i�fng space and Recommendation discharge temperature and frequently trips out on low temperature. Space temperature cQnclidbn�"�-ari�, not maintained to an acceptable level. Recommendation Replace defective heat exchang,�.r. R6�placement of unit should be considered. The unit is at the ��na-.�.Qf expected useful life cycle. 5.1.2 MAU 4 heat not wor Issue MAU 4 the heat )�TTT-ppt-cycle on when needed. Recommendation Repair/re ective heating components. Replacement of unit 'p should c'O'n" re , The unit is at the end of expected useful life 5.1.3 foU Tteating mode fails Issue AU 9 has intermittent heating control trips. The exact nature of the problem is unresolved. 1v Recommenda-06Vk- Repair/replace defective heating components. Replacement of unit should be considered. The unit is at the end of expected useful life cycle. NEW HOPE ICE ARENA RE -COMMISSIONING REPORT G!T!�� 20 Re -Commissioning Report 5.1.4 Enhanced control upgrade: MAU units 1 - 9 Issue The existing control panels for these units are manually adjusted from the 2 d floor mechanical space in the south rink. Some of the Recommendation panels no longer have functioning temperature control and are at a fixed set point. Others have been modified from the original design intent and no record of the modifications exists. Interl k �Ithh associated exhaust fans no longer appear to be in place as N indicated in the original drawings. � IN - Recommendation Upgrade control of the MAU units to full digital control WA4.the_ existing Alerton control system. This would include heatling mode, damper control, and heating enable/disable based, 6 n' outdoor air temperature. Temperature reset capability basqd 6n o'Utside air and space conditions. Complete system schedW)iN, alarms notification, and trending would be availabli", 5.1.5 'srs S1 and S2 Enhanced control upgrade supply ai'r.JT'8""rfdiL Issue Both units S1 and S2 are controlled 6� the original Honeywell control system that is no longor sppported. Recommendation Upgrade control of S1 and, ''baits -to full digital control with the existing Alerton contro�systern. Th'is would include heating mode, damper control, andlig �It�pa/cooling enable/disable based on ' outdoor air temperat6r('Y'-�.,t6mperature reset capability based on outside air and spa� 11 tcmditjons. Complete system scheduling, alarms notificatift a'hd trending would be available. AV NL J A44 NEW HOPE ICE ARENA RE -COMMISSIONING REPORT Q! 21 Re -Commissioning Report s.1.6 Upgrade mechanical systems for the south rink MAU units 1 - 9. Add mechanical cooling to team and meeting rooms. Issue MAU units 1 - 9 are at the end of their useful life cycle. There is N also a condensation issue in some of the meeting and team rooms. The source of this condensation is believed to be from the pass Recomniondati'6n through vents from the rink area into the meeting and tea\ rooms. These rooms are also provided ventilation from t ftop ft MAU units which are providing unconditioned outside airf*�, e spaces causing the condensation problem. Recommendation Replace MAU units 1 and 2 with new units meeting s" �'clesign criteria as the existing units. Both these units wo4jal�av ' full digital control. Replace units 3 and 9 and combine into one'vt3 it-1hat would have equal capacity of the two existing units. Su'pplyn,ancl return ductwork would be located and con nectqd"to'th'e' existing curbs located on the roof. A mechanical cooling option would be added to the new combined unit and full cligiti5l" 6ntrol would be provided. Replace units 4, 5 and 6 and combine them into one unit that would have equal capacity of the, three existing units, Supply and return ductwork would be located and connected to the existing curbs located on the rQpf.�,A mec'4,anical cooling option would be added for condensation tki%,rol to the new combined unit to provide conditioned afr^,W'%he meeting and team rooms. Full digital control would be p :" I I ,roV1,Cj0Cl- Close off and c*p6§5 through vents from the south rink into the team and meetfnqrooms. MAU uni &ncl.,'S should be refurbished mechanically and the sequenc vised to provide space ventilation in the high CO and CO2 corldi ns. They would also be used to balance or maintain spac�,lff'essure control as needed to keep the space in a positive p,pdSsOf e condition. 5.1.7 .'Add power factor correction issue Power factor is 85% average over the past year resulting in N monthly charges. The average monthly power factor charge is currently $253 per month. Recomniondati'6n Add capacitor correction to the electrical system to improve power factor to 90% and eliminate monthly charges. 5.2 �ALL RECOMMENDATION It is re&mmended that all of the ECOs and Additional Improvement Measures be implemented. Making these changes will improve system performance, provide operational efficiencies, generate energy savings, and improve comfort and control of the facility. In addition, continuous recommissioning should be used to maintain the facility infrastructure in an optimized state through continuous fine tuning thereby maximizing savings and comfort for the life of the building. NEW HOPE ICE ARENA RE -COMMISSIONING REPORT 22 try i M of Yew t -T Bvildial 6900 WEDGWOOD ROAD NORTH MAPLE GROVE, MN 55311 763.767.0304 - McKINSTRY.COM New Hope Ice Arena Recommissioning Recap of Findings. ECO — Measures I through 14: Time clock scheduling and unit controls have been modified from original design no longer operate provide scheduling. Interviews with staff indicate that these units are problematic do not provide consistent temperature control. When units do fail there is no alarm features available to notify staff of component failure. Base Control Project: Provide scheduling, alarm management, start/stop, $43,000.00 unoccupied space temperature control. This would be for the 9 MAU units. AHU 1 & 2. This would also provide for start/stop of Dehumidification unit based on space temperature, dew point conditions. Building automation system would provide status alarms. Enhanced Control Project: Addition to base control project the enhanced $72,000.00 would include graphics, and full digital control of the 9 MAU units and AHU 1 & 2. This would include heating mode, damper control, and heating enable/disable based on outdoor air temperature. Temperature reset capability based on outside air and space conditions. Complete system scheduling, alarms notification, and trending would be available Either the Base control project or the Enhanced control project will fulfill the Xcel implementation requirements for rebate purposes. Additional Zmprovement Opportunities: • The team and meeting rooms served by the MAU units have had condensation problems. This is related to the unconditioned air being supply to the occupied spaces and the transfer grills between the ice arena and teams rooms. This, could be a possible source for mold growth and is a concern that should be addressed. • The MAU units on the roof of the South Arena are original from the 1996 construction. All the units are at the end of their useful life cycle and should be replaced. • Some of the units have defective heat exchangers and do not have full heating capacity. Other units are not able to maintain heating during extreme cold weather conditions and shut down on low temperature limits. • Overall the units are rated as being in poor operating condition. While control updates will provide and extend the service life of the MAU unit's replacement will be needed in the next several years. Doors common to the south rink, entry and main concourse are left open in the summer months. This adds additional load to the dehumidification unit and degrades temperature control for the rink area. This could be corrected with adding DX cooling to the possible replacement units. Replace Roof Top Units: Disconnect and remove (7) MAU units. Furnish and install 325,000.00 (7) new MAU units complete with natural gas heat, filters, economizer, and roof curb. All units to have full digital control. Units 7 & 8 would be retained and refurbished. Units 7 & 8 will be repurposed and used intermittently for pressurization and supplemental ventilation for fume removal. Combinelreplace Roof top units: Disconnect and remove (7) MAU units. Install 2 475,000.00 new mau units to replace Existing units 1 & 2. Install 1 new unit to replace units 3 & 9. Install 1 new unit to replace units 4, 5, 6. All new units to have natural gas heat, filters, economizer and roof curbs. Units 7 & 8 will be repurposed and used intermittently for pressurization and supplemental ventilation for fume removal. Add DX cooling: to make up air units 3, 4, 5, 6 and 9. 71 1 000.00 Powerfactor correction: Add capacitor bank to correct power factor. Power factor is 6800.00 85% average over the past year resulting in monthly charges. The average monthly power factor charge is currently $253 per month. There are no energy savings but the dollar amount saved monthly would have a 2.1 year payback. �t',00 '40ilTH" try Ni,P,—'. G�,O L, MNS'71-11 QL fe Of Your Building -:,i� ",:),—Y.00i; P New Hope Ice Arena Recommissioning Recap of Findings. ECO — Measures I through 14: • Time clock scheduling and unit controls have been modified from original design no longer operate provide scheduling. • Interviews with staff indicate that these units are problematic do not provide consistent temperature control. • When units do fail there is no alarm features available to notify staff of component failure. Replace MAU units 1 & 2: Disconnect and remove MAU units 1 & 2. Furnish $84,000.00 and install (2) new MAU units complete with natural gas heat, filters, economizer, and roof curb. Both units to have full digital control. Enhanced Control Project: Addition to base control project the enhanced $72,000.00 would include graphics, and full digital control of the 9 MAU units and AHU 1 & 2. This would include heating mode, damper control, and heating enable/disable based on outdoor air temperature. Temperature reset capability based on outside air and space conditions. Complete system scheduling, alarms notification, and trending would be available Either the Base control project or the Enhanced control project will fulfill the Xcel implementation requirements for rebate purposes. Budget Estimate: $ 156,000.00 Rebates: There are some rebates available for high efficiency air conditioning added to rooftops. The above units do not have A/C with them. Need to also include: Contingency 10% $15,600 Engineering 15% $24,800 Estimated Budget $197,400 (minus any Xcel rebates received)