Signed Contract_Eco Smart Building PCECC'~ SMART
BUILDING,Pc
Energy StarT"^ Partner
PO Box 4154 Chicago IL 60654.773-230-4462 • info@ecosmartbuilding.com • www.ecosmartbuilding.com
Agreement for Energy Modeling for Commercial Street Lighting as Powered
By Renewable Energy Systems for Net Zero Power Use
Reference No. NSFREEE 300609
Scope of Work
Eco Smart Building, PC will provide engineering modeling and project plan review for energy use and Renewable Energy
Systems services to The City of Dubuque, of Dubuque, IA, the Client, for the North Siegert Farm Development in
Dubuque, IA. These services shall include:
Preliminary Pl:ase
• Assessment of energy use of the street lighting (proposed) and renewable energy options for the North Siegert Farms
Development.
• Review all possible renewable energy systems, develop a list of possible system options and present the list to the
design team to develop strategies to ensure we meet all possible options for the project to achieve a net zero lighting
power use.
• Eco Smart Building PC will calculate the energy use for the street lighting and develop a net metering plan for the
project.
• Suggest and design passive and active renewable energy systems that will meet the context for the client's project.
Installation Phase
• Suggest and design passive and active renewable energy systems that will meet the context for the client's project.
• Eco Smart Building PC will work with the local utility to ensure proper instillation and grid interconnection of the
renewable energy systems.
Client Responsibilities
• Client agrees to provide Eco Smart Building P.C. with a copy of the current architectural plan set and any energy or
power use models results for the project to determine current energy use as designed. This would be part of the
Renewable Energy Systems for use in and around the project.
• Client's design professional will submit the modified drawing to Eco Smart Building to ensure renewable energy
system design.
• Client will provide all information requested by Eco Smart Building to ensure proper modeling and development of
the project.
Terms and Conditions
Authority
All of the services described shall be at the direction of the Client. The Client shall have fmal authority on the
selection of products, methods, contractors, payment and other matters customarily within the discretion of the Owner.
Disclaimer
These services do not constitute a building code compliance review, nor do we represent that suggested actions will
comply with the building code. The Client is advised to seek the opinion of the Dubuque Building Department on specific
building code interpretations regarding compliance matters. No warranty or assurance of the cost to purchase or install,
performance, reliability, or durability of any material, equipment, or system that is a subject of this work is implied or
given.
Standards
Products and materials that are installed shall be referenced to the appropriate industry standards for safety, durability,
energy saving, and other aspects of performance. The work of contractors shall be held to a standard of best practice for
the industry and for the type of work that is performed. Where available, best practice standards shall be included in the
guidance material for work, or shall be referenced in this material.
Change In Scope Of Services
No change in scope shall be permitted during this project without the prior written agreement of both parties and the
Agreement for Construction Administration - Pg. 1 of 2
WBS being updated.
Substitution of Project Team Members
The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project
maybe changed if those personnel leave the Consultant. These personnel may also be changed for other reasons however,
in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on
the project without express, prior written permission of the City of Dubuque.
Insurance
Consultant shall at all times during the performance of this Agreement provide insurance as required by the attached
Insurance Schedule.
Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City its officers, agents, and
employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising
out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to
bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss
of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the
Consultant, Consultant's subcontractor, or anyone directly or indirectly employed by Consultant or Consultant
subcontractor or anyone for whose acts Consultant or Consultant's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
Termination
City may terminate this agreement, with or without cause, upon providing 14 days written notice to the Consultant.
Payment
The Client agrees to pay Eco Smart Building in the amount not to exceed $5,500.00 for the Preliminary Phase based on
the earned value of the actual work completed. The fee for the Installation Phase will be negotiated at a latter date once the
final scope of work has been detemined. The cost of our proposal covers consulting on design, specification, energy
compliance, and design drawing for intstallation for your project. Billing will be at a rate of $150.00 for construction
administration services and contractor training; $175.00 per hour for architectural services; $200.00 per hour for modeling
of the building shell and mechanical systems; $350.00 per hour for engineering review and compliance to Energy Star
standards, and Renewable Energy System selection and review. Travel time will be billed at a rate of $50.00 per hour.
Billable hours will be invoiced on a 28 day cycle against the contract amount. All copying, faxing, mailing, travel (hotel,
meals, transportation) and additional expenses will be billed to the client separately for reimbursement. Client will pay all
expenses within 3 business weeks of receipt of billing. Expenses not paid within two weeks of receipt of billing will incur
an additional 1.5% fee to the total amount due.
Limitation of Liability
Arbitration: Any dispute arising under this agreement will be submitted to binding arbitration in Chicago, Illinois in
accordance with the arbitration rules of the American Arbitration Association. Severability: If any provision of this
contract is held to be invalid or unenforceable, the remaining provisions shall remain in effect. Entire Agreement: This
writing constitutes the entire agreement between the parties relating to the work and services herein described. It shall be
governed by the laws of the State of Iowa and shall not be changed in any other manner except by bilateral agreement
executed by both Eco Smart Building and the Client.
1N WITNESS WHEREOF, the parties have signed this agreement on the day and year first below written and the
individuals signing hereto warrant that they have authority to sign for and on behalf of the respective parties.
ACCEPTED AND AGREED TO THIS
Date: ~Pi`ti--~
By:
Ec mart Build' g, PC
ACCEPTED AND AGREED TO THIS
Date:
By:
Mr Michael C. Van Milligen
City Manager
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