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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 Agreement for Construction Administration - Pg. 2 of 2