Signed Contract_Eco Smart Building Additional Agreement_Water Pollution Control PlantTHE CITY QF
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Masterpiece on the,2V~[ississippi
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager
DATE: November 30, 2009
Dubuque
NI•AmericaCitlr
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SUBJECT: Water Pollution Control Plant Replacement Project
Eco Smart Building Additional Agreement
Attached is the Additional Services Agreement for the processing of utility company
rebates and energy star certification between Eco Smart Building, PC and the City for
the Water Pollution Control Plant (WPCP) Replacement Project.
The original agreement provided services for energy efficiency pre-assessment of the
building design including air movement and thermal bypass analysis for the WPCP.
This agreement modification in the amount of $95,000 provides for the preparation of
utility tracking documentation and contract specifications to achieve utility rebates from
Black Hills Energy and Alliant Energy. This is an intensive paperwork process that
involves tracking all contractor invoices for rebate eligible items and submitting them to
the prospective utility companies.
Eco Smart Building is currently performing this rebate work on the Kephart Building
Project and is preparing to start this work on the Roshek Building Project. Their work on
these projects has provided Eco Smart with the prerequisite institutional knowledge to
perform this service most cost effectively. The expected utility rebates for the WPCP
should be in the range of several hundred thousand dollars.
ACTION TO BE TAKEN
Your execution of this agreement and authorization for additional funding in the amount
of $95,000 from the WPC Plant Facility, Consultant Services Capital Improvement
Project CIP (7101837/63716). are requested.
cc: Jenny Larson, Budget Director
Jonathan Brown, Water Pollution Control Plant Manager
Attach.
F:\PROJECTS\Water Pollution Control Plant Replacement\ PSA Negotiations\2009 11-25-09 MVM Memo re Second Design
Agreement.doc
11/30/2009 17:29 8473285049 LAW OFF^MK ZARAZA PAGE 02/03
~t1 1111/'1~i 1
C~I.IILDI~('~'~, PC
lWnergy StarT"" Partner
I'O l3ox 4154 Chicago TL 60654.773234-4462 • itxfo cr ecasmarCbuildiug.cotn • www.ccosmartbvilding.com
A,dd.itiox~al ~ervic~~ far A.xchit~ctural axl<~ .M..:~F l~ra~ect Flan ~evi~w
fox ~><Zex~y Sta;c Cexti.:~cation axl<~ Utility ~~bates
Reference No. WWSTSp809
Scope oi' Worlc
Cco Smart F3uilding, PC will provide architectural, and project plan reviow for L~nergy IIfficiency, Renowablc Cnergy
Systems and Utility Rebates services to The City of T3uh~ique, of 13ubuque, l.A,, the Client, for the Water Pollution Control
Pltrnt in 1]vbugrte, IA. These services shall include:
Preiil7tittary
• Pre assessment of the project documentation to determine energy efficiency of rho building design, air movement,
aitd thormal bypass from the architectural plan set.
• Meeting with team members of the Project Team and Dubuque city departme~~ts.
Scope Plt~tse
• Approximate urea of Construction Worlc '1 otal Construction 86,000+ sq.ft.
Floor Levels /\ffccted: Flooa.s 1 through 3, plus exterior lighting attached to buildings.
• Remodel pr New Construction: New Consh•uctiot, aiad Remodeled areas.
• Lighting Design: Design, modeling and specificatirn of high performance liT;lxting at7d controls for till occupied
areas. AGI32 lighting models to provido minimum lighting levers and uniformity of lighting design.
,Proposed Arnruing Gist (~f'erlrtit Drawutgs)
Review and Comment 017 Drawings under this Contract.
kelir~ernhler
Rcvicw Tocuments
Marked up dr2~wings, if necessary provide new drawings, cut sheets a5 required, memos and other cormnuuicatinns.
Insert the project into 13nergy Star Portfolio Ivlanaget for Energy Tracking
Certitiaation Documents
Profiessional Lngineer'F report; and certification for Energy Star Compliance to Tax Credit Icvels
Utility Rebates
We will supply all of the utility required tt•aclci,,g documentation for the project to achieve the utility rebates for Black
Flills and AlHant for this project. The utility required papetwarlc sl7ouid be parr; of the bid documents and contractor
payment should be co77tingent upon providing progressive paperwork as requited by the ttaclcing documents.
Client Responsibilities
1. The client c1,a11 furnish alI available record and design docutn.ea7.ts either in hardcapy or in elcotronic form, ns
available. All original paper documents futnislxed shall be copied or electronically recorded by us and tl7e
originals returned in the same condition.
2, The client shall provide site acceg5 and assistance by tl7e building engineer or maintenance staff as required to
access alt areas relevant to the design work Gmder this contract.
3. 'Che Client shall provide CATJ files of proposed space plans it7. a timely manner for the usE of tho engineer. CAD
plans shall accurately show al) architectural features of, the area of romadcling including but not limited to, all new
and existing columns, walls, partitions, doors, windows, ceilings, soffits, stairs, elevators, plumbing i:txtures,
casework, and appliances. The engineer shall not be respa7sible fpr the accuracy ar oompleteness of the C;AI7
Files provided. 1~ny survey or documel~tation of architccturai elements that must be perF.ormed by the engineer
because efdeficioncies in the architectural CAi7 files provided shall be billed as an additional service. 'T1tis shall
iricllyde 9llivey al7d documentation O~ areas qutside t17e nominal area Of remodeling Where new mechanical,
electrical, plumbing or fire protection systems must connect to cxisfiing systems or equipment and where such
connections must be shown for per777itting, bidding, or constr•uctian.
Agreemt;ht fer CanskrUatlon Administration _ Pg. 1 of 2
11!30/2009 17:29 8473285049 LAW OFF MK ZARAZA PAGE 03103
4. The client shall notify an'tl allow the engineer to participate in all pre-bid and post-bid contractor rueetiazgs,
interviews, aztd job meetuzgs pexlttiniz~g to the work designed and documeztted under this contract.
S. The client shall allow the engineer to review and comment on all bid forms and contracts pertaining to wvrlc
designed and documented uAdet this contracts.
ti. The client shall zequire the contractor to suUxnit shop drawiictgs and/or submittals to the cngineer for ltia wriricn
approval prior to tlto pturchase, fabrication, or installatiozz of any equiprrzezzt ar companente docurzzezzted under this
contract.
7. In the event that flic client, the ovnaer, or any of his agents or subordinates should discover what they believe to be
art error ar amiasion in any of the engineer's doctunenl~, specifications, subtrtissirnis, or cammunicatiovs, they
shall irnsxzediatcly notify flee engiztcer in writing of tXie alleged error /omission and shall allow the cngineer
reasonable oppoztunity to clarify, correct, oz mitigate the alleged error / onniseiozz Uefore any fiutlter work is
performed.
8. 'the client shall forfeit tzl~ claims to any damages resulti:cg from faiIttre to notify the angineer iu writaug of qtly
suspected error ox omission or froze the purchase of zriatcrials or inatallatiozz of work prior to the engiuecr's written
approval of the correspondizz.g sttbmitt~als and/oz shop drawings.
9. The cngineer s1,a11 not be zespansible fez the cltangea necessitated by requixemeAts of'1oca1 inspectors or.
attthoritaes 1,aving jurisdiction wlzicli are nndocumetz#ed at flic tune of design.
10. The client agrees to hold harzx~less, defend, and indemnify the ezzgincet for any claiu»s azising ant of lticlclezt or
unforeseen. conditions ox agents wliich could not have been veriCecl without performing construction of demolition
to the building, expending additional sums of money, or destroying otherwise adequate and serviceable portions of
existing atzucritres or aznetiities.
11. The client shall honor the engineer's copyright of all written materials created by the engimeez and shall use all
documents provided solely for the project for which they are designated. The engineer reserves the right to
publish any of the docnmcnts in wlaole of in part without identifying the client, owner, ar their agents witho,.tt thou
permission and without revealing any informatiozx which has been identified in wt7ting by tlae client, owner, cr
their agents as proprietary, Zn all cases, tlae engineer xesezves the right to identify the client as such in arty
published materiAl and t0 Yepresent the engiueer'9 seriiCC9 to the cliont in non-3pecifiC fashion.
12. '1'he architect and MI3I' consultant shall provide the following materials fox our L,se:
a. roll arcltiteetttral at,s11VIEP drawings in and spccif"icata.ons in PDt format at the appropriate level of
completcnesa for each milestone review.
b. AGI321ighting znodcl data files for all lighting design areas.
c. 'T.Sraec 700 xuvdel data fries fez eaclr building with 1,eatiug and/or cooling loads. (Include alI tezrplatc files
used.}
d. All Trace 700 repozts used far clesig,t /sizing.
e. A11 speei:Eicataon, out sheets, and sizing calculations for arty MAp equipment specified.
f. 17u11 lighting spec cations including cut sheets and lutx,iuaire schedules.
g. Electrical riser diagrams, pastel schedules, short /fault current ealctilatious.
13. titility data for the plan and access to all pumping s#atioi, and SICALaA, data as required for proper azzalysis of
process ex,ergy modeling.
l4. Plaizt process water data for quantities of water treated_
~'ayment
The Client agrees to pay l~~co Srnazt 13id1ding PC in the a,rtot,nt of $45,000.00. The cast of our proposal covers
consulting on clesi$n, spectfieatiozz and energy conaplianoe for your project for Energy Star Certif cation and Utility
JztcentlVCS. Billing will be at a rate of $175.00 per hoar for architectutal services; $200.00 per hour for modeling of the
building shell and mccharuical systctns; $250.00 per borer for engineering review azzd compliance to 13nergy Star standards,
and Renewable Energy System selection and review. Travel time will.lae billed at a rate of 850.00 per hoar. Billable hours
will be billed on a 30 day cycle against the deposit amount, after which a replenishment billing will be made. All copying,
faxing, tttailing, travel(hotel, rzaeals, transportation) and additional expenses will be billed #o the client separately for
reimbursement. Client will pay all expenses within one buaiazess week of receipt of. billing. Expenses not paid within une
week of receipt of bi11utg will incur and additiona11.5% fee to the total amouxzt due.
lIJ WTTN>;,.,"S WH];IZ.EOr, the parties have signed this agreement an the day and year first below written ahd the
individuals sighing hereto wattatit that they have authozxty to sig,i for and on bel,al#' of the respcative parties.
ACCY;PTI~A .AJrip A~lt)CT~Ia TU ~'I)lIS
Date: 11- 3 D -
]3y: y . ~
~co Smart Bur ~ ~, PC
ACCE)Ca'~)C)A A,ND ~C,R11;BD TO Tk)IS
Date: ~~l ~
Tay:
Nxr, ichael G. Van fl~igan, City Mazzagez
Agreement fot CbnSiCUCtlon Adminfstratlon .~ Pg. 2 of 2