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Signed Contract_Eco Smart Building Professional Services Agreement_Retrofit Ramp UpDubuque THE CTTY OF DUB E ~~ Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager - -- -~ FROM: Gus Psihoyos, City Engineer ~. DATE: December 17, 2009 SUBJECT: Greater Dubuque/State of Iowa Smarter Cities Retrofit Ramp-Up Program Grant INTRODUCTION This memorandum provides information regarding the assistance provided by Eco Smart Building, PC (Chicago, Illinois) in the preparation of the Energy Efficiency and Conservation Block Grant (EECBG) application for the City of Dubuque Energy Efficiency Program. BACKGROUND As part of the Recovery Act, the Congress established and expanded the new and existing financial assistance programs that will foster economic prosperity and job creation, reduce emissions from fossil fuels, and will continue the efforts toward a sustainable energy future. The Energy Efficiency and Conservation Block Grants (EECBG) Program represents a Presidential priority to deploy the cheapest, cleanest, and most reliable energy technologies for energy efficiency, conservation, and renewable energy resources. The Program, with a total funding of $3.2 billion, is modeled after the Community Development Block Grant Program (CDBG) administrated by the Department of Housing and Urban Development. DISCUSSION In order to take advantage of this grant opportunity and EECBG funding, Eco Smart Building, PC (Eco Smart) assisted the City in the submittal of the necessary application by December 14, 2009. Eco Smart partnered in the development of a grant requesting $35 million over athree- year period that will provide residents and business owners of Dubuque with technical assistance regarding installation of energy efficient systems via Dubuque's Energy Assistance Center. The grant included such areas as: - Energy efficient protocols on mechanical system design, air movement, and thermal bypass testing and inspections. - Methodology to achieve Energy Star tax credits and leverage utility company rebates. - Suggestions on the design of passive and active renewable energy systems. - Specification of monitoring equipment to be installed via wireless communication in support of the IBM Smart Sustainable Energy Efficiency and Retrofits Research Proposal. - Development of a partnership with community businesses, educational/banking institutions, utility providers, developers, and public service entities to achieve the program goals. BUDGET IMPACT The Agreement for Project Plan for the Energy Efficiency Program for EECBG Grant Applications between the City of Dubuque and EcoSmart was in the lump sum amount of $5,000. This Agreement will be funded through the Railroad Signal Line -Aerial to Underground Conversion Project (CIP 2502143), with a current balance of $45,000. ACTION TO BE TAKEN This memorandum serves to provide information to the City Council on the work completed by Eco Smart Building, PC to complete the Energy Efficiency and Conversation Block Grant (EECBG) application for the City of Dubuque Energy Efficiency Program. Prepared by Steve Sampson Brown, Project Manager cc: Jenny Larson, Budget Director 12/17/2009 12:22 8473285049 LAW OFF MK ZARAZA PAGE 01/02 ~~J,~iVl~l~~ ~UIL~I~JC, Pc Energy StarTM Partner PO Box 4154 Chicago TL 60654.773-23U-4~IG2 + info®eoosrnartbuildi'ttg:.cam • www:ecostnartbuil.ding.catn A.gr+~exnent for Praj pct Flan far th.~ ~n~x`g~ ~ffic~enc~ ]'xogx`axn :far E~~B~x ~ranfi ,~pplicat~on Roforeuce No. E>3CBG~1209 Scope of Wvrk .F~o Srnart Building,l'C wilt provide base building testing, consulting, end energy officieney project developntent.and plan review and tnodificatieins for the }energy iri>:<ciency Program far the k'.ECBCr Grant application t~v'1'he City of bubuque, of Dubuque, lf1, the Client, frn' dte fiEC$G Grant in Dubuque, lA.. These services shall includes Preffn~fnrrry ~ ' * 'pre-assessment of the prttject docum.entstion to detcrtttine energy eff ciency.t?rotoeols of the l3xisting Building Stack in Ihtbuque l owa as design, air n'tUVCtnetrt, and thermal bypass from testing and inspecting a selected building set. • Meeting with team members for Prgjact and Dubuque city. departments, « Asscssxttent of mon.itotattg equipment to be installed in the building set that offers wireless comtattmication Scale PIiQS~ • Meet with the Client at the initiation of the selected building set reviow. + Document arty change o£ scope, extt'tu~, or outer adjustment of the crier+gy officiency program to meet the grant protocol and building review to the program pla» set. • Roview mocleNng for the plan set to achieve Energy Star tax credits and utility incentives, o Suggest and design passive and active renewable enorgy systetnq tJtat will meet the rotttcxt for the cliern's project. • Review all technology requiren7onts for the energy efftciency retrofit ,program. atzd provide building shell, mechanical, electrical. and plumbing specifications far fire ,project, including active and passive renewab{e energy systetxts. Which are dovelaped off of the IZFSN1rT testing protocol of"'l'est Treat Test" Clfervt R~sponsi`hiliti~s ~+ Client agte~ to provide access to the working group and meeting for llte grant application. • Client will provide all infornnation requested'by 5ca Smnrt T3uitding to ensare proper ntodelin.g and dovclopment of the grant protocol. 't'erms and Cottdititsns ' Authority A.ll of the services dasoribed shall be at the detection of the Client. The Client shall have final authority an the selection of products, metliods, contractors, payment and other matters customarily witttip the discretion of the ©wner. Disclaimer Those services cio not constitute tti building erode catnplianec review, nor da we represent that suggested. actirms will comply with the building code. The L::liertt is advised to seek the opinion of the Dubuque .Building Department on specific banding code interpretations regarding cantfiliancc shatters. loo wetTttnty ar assurance of the spat to purchase or install, perforntattce, rcliabi~lity, or durability of any material, equipment, of systom that is a subject of this work is implied or given. StandArds Products and materials that are ittstalted shall. be roferonced tv fife appropriate industry standards far safety, durability, energy saving, and other flspects of performance. T'Ite work df contrnctors shall be hold to a standard ofi best practice for the industry and fnr the type of work that is perfotxtted. Vdhc~•e availahie, Gcst pr•aaaics standards shalt be inclttded in the guidance material for work, or shall be referenced i^ this material. Change Itt Scope Of 9arvlces 'No change in scope shall be permitted during this project without t:he prior written agreement of bath parties and the WBS boing updated. Agreement forArChllteetural Review - Pg, 1 of 2 12/17/2009 12:22 8473285049 LAW OFF MK ZARAZA PAGE 02/02 Substitutldn of•Praiect'x'cam Nietn~bers The Project Manager, partners, managemertt, other supervisory staff' and technical specialists prerposcd for the project may be changed if those pet~onnel leave the CarrsTrlfttttf. These personnel may also bo changed far other rsztsotts however, in either case, the CIIy retains the right to approve or reject the replacements and no replacerttents shall begin workitt.g on the project without repress, prior written pormi.saion of the City of Dubuelue. Insurance Consultt~nt shall at all timefi daring too performance of this Agreement provide insurance as required by the attar ~ tnsurattce Schedule. Inderanifcatian To the fullest extent per-nitted by law, Consultant shall indemnify and hold harmless the City its ofhoei•s, agents, and employees tram and against all claims, darnages, lasses and expenses, inCludistg but .eat limited #o attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claittr, damages, loss or expense is atttibtrtablo to bodily irtiury. sickness, disease ar death, or injury to or destruction of proporty (other than the Projervt itself) iocluding loss of trsa resulting therefaxe, but only to the extettt caused in vvltale or in part by negligent acts pr orxltssions of the Cunsrrtttrrrt, C.•onstrlftrftf'.4 subcontractor, or anyone directly Or indirectly employed by G'orLCrrltttnt ar Corrardlrrnt subcotttractdr or anyone far whose acts Consultmrf or CntrsrdfrrltNs subcontractor may be liable, regardless of whethar or trot such claim, damage, Loss or expense is caiiscd in part by a party indemnified lterettnder. Tcrfninrttian City may terminate this apreement, with or without cause, upon providing 1.4 days written notice to the Cv»,rrrltrrnf. Paymcn.t The Client agree.9 to pay Eco Stnart Building in the amounC of 85,000.00. The cost of our proposal covers ctinsulting on design, specification sad enrwr'gy compliance for your project. Billing w111 be at a rate of $ I7S.U0 per hour for architectural services; $200.00 par hour fo1' modeling of the btdld.iztg shell and m.ecltan.ical systems; $350,00 per hour for engineering review and compliance to .Energy Star standards, and I%enewable Energy Systetn selection and review. ~'ravei time will be bi Iled at a rate of $50.00 per hover. Billable hours will be inwiccd on a l4 day cycle against the contract amount. All copying, Easing, mailing, travel (ltatcl, meals, transportation.) and additigttal oxpenses will be billed to the client separately far reumbursement. Client will pay all expenses w.ithitt two business weeks of receipt of billiiag_ &xpenses not paid within two weeks of receipt of, billing will incur ancl. additional 'L.5°~ fee to the total amount due. I.,imitttiart o1'Linbiiity rkrbitratian: A.ny dispute arising uoder this agreement will be submitted to bindinty arbitration in Chicago, ]llinais in accordance with the arbitration rides of the Amorican Arbiti^atian Association. Severahility: tf any prevision of this contract is hold to be invalid or unenforceable, the remaining provisions shall remain itt Effect. Entire Agreement: This writing constitutes the entire agreement between the parties relating to the work and services herein descrfbed. ]t: shall be governed by the laws of the Stotts of lows and shall not be changed in any other anr.anner except by bilateral a$reettlent executed by both >rco Smart Building and the Client. IN WITNESS W.F1>~REOF, the parties have signed this agreement on the dxy and year .first below written artd the individuals sigttittg hereto warrant that they have authority. to sign for and an bohalf of the respective patties. ACCiE.1PTF,D AND ~kGlt'C1ED'I'O THIS >3y. .~~ Eoo Sma Building, PC ACCEP~'taAl AND AGRrF;p TO T]i~S Date: ~~ /~`/~ ay: _~ 7~ "" riti•. Miclta C. Van lvlilligen, City .Manager Agreement for ArcMltactural Review - Pg • 2 of 2