We are submitting this credit interpretation request for a new county public services office building currently in the design phase. The Design/Build (D/B) team requests a clarification to ensure that our strategies are in accordance with LEED requirements. Credit EA3.0 states that an independent commissioning authority must conduct a review of the design, conduct a review of the construction documents, and review the contractor submittals to verify and ensure that the entire building is designed, constructed and calibrated to operate as intended. Our request is to verify the relationship of the commissioning authority to the rest of the DB team. In order to minimize costs for the client and maximize the project\'s life cycle efficiency, the D/B team has contracted a Utility Service Provider (USP) to serve as a strategic partner in providing a state-of-the-art mechanical/electrical/plumbing (M/E/P) infrastructure. The USP is charged with procuring design, constructing, financing, operating and maintaining the mechanical/electrical facilities over the life of the building. The USP will act as the M/E/P manager for the project and has contracted with a third-party M/E/P firm to perform design/engineering of M/E/P systems and act as the engineers of record for the project. The USP wishes to contract a Senior Performance Assurance Specialist
As described, the relationship is not acceptable for EA Credit 3. Your narrative states that the USP is responsible for managing M/E/P design and construction. Although the Commissioning Authority (the "Performance Assurance Specialist") is instructed to report directly to the building owner, the influence of the contractual relationship with the USP cannot be ignored. The "independent third-party Commissioning Authority" (required for the first 3 requirements of EA Credit 3) is one who has a direct contract with the owner and who is not part of the design or construction teams. If the intended Commissioning Authority is associated with the design or construction teams, they must be organizationally separate, be retained on two separate contracts with the owner and disclose any potential conflict of interest to the owner in writing, including details on how any conflict will be managed.