Signed Contracts_Eco Smart Building Energy Star Certification for Parking RampMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager
DATE: March 2, 2010
SUBJECT:
Dubuque
AN- AmeticaCily
11 111!
2007
Parking Ramp —10 Street and Central Avenue
Sustainable Energy Consultant Services
Attached is the Agreement for Architectural and Project Plan Review for Energy Star
Certification and Utility Rebates between Eco Smart Building, PC and the City for the
new parking ramp at 10 and Central.
EcoSmart will provide the following services at a cost of $15,000:
— Review project documentation and, if necessary recommend changes to the
project plans and specifications related to building design, air movement, and
thermal bypass to achieve the 2011 Energy Star Tax Credit requirements.
— Review of all conditioned spaces in the ramp and the lighting model to achieve
the 2011 Energy Start Tax Credit and Utility Rebates.
— If the City desires, an assessment of renewable energy options (such as
geothermal, solar thermal, PV and wind).
The expected utility rebates for the parking garage should be in the range of
$60,000.
These consultant fees will recharged to the Downtown Parking Ramp CIP
(7302179).
ACTION TO BE TAKEN
The execution of the Agreement for Architectural and Project Plan Review for
Energy Star Certification and Utility Rebates between the Eco Smart Building, PC
and the City is requested.
Attach.
PO Box 4154 Chicago IL 60654.773- 230 -4462 • info @ecosmartbuilding.com • www.ecosmartbuilding.com
Agreement for Architectural and Project Plan Review
for Energy Efficiency, Renewable Energy Systems and
Utility Rebates
Scope of Work
ECO SMART
BUILDING, Pc
Energy StarTM Partner
Reference No. PR DIPR80809
Eco Smart Building, PC will provide architectural plan review for energy efficiency, renewable energy systems and utility
rebates to The City of Dubuque, Dubuque IA, the Client, for new - construction parking ramp at 10 and Central in
Dubuque, IA. These services shall include:
Preliminary
• Pre- assessment of the project documentation to determine energy efficiency of the building design, air movement,
and thermal bypass from the architectural plan set. Develop and modify specifications and wall cross sections as
needed to achieve the 2011 Energy Star Tax Credit requirements for the project.
• MEP review for all conditioned spaces in the ramps, as well as lighting modeling to achieve the 2011 Energy Star
Tax Credit and the Utility Rebates.
• Meeting with team members for project and Dubuque city departments.
• Assessment of renewable energy options for the new construction parking ramps including but not limited to
geothermal, solar thermal, PV and wind.
Scope Phase
• Meet with the Client at the initiation of the architectural plan set review.
• Document any change of scope, extras, or other adjustment of the plan set. Redevelop details.
• Review modeling for the plan set to achieve Energy Star tax credits, renewable energy systems, data review and
development of master planning of possible district renewable energy systems for the project.
• Suggest and design passive and active renewable energy systems that will meet the context for the client's project.
• Review all drawings and provide building shell, mechanical, electrical and plumbing specifications for the project,
including active and passive renewable energy systems.
• Review all possible renewable energy systems, develop a list of possible options and present the list to the design
team to develop strategies to ensure we meet all possible options for the project.
Client Responsibilities
• Client agrees to provide soil testing data for the site to determine if geothermal design requirements would be part of
the renewable energy systems for use in and around the parking ramps as a possible substation in a district system.
• Client will provide all cad drawings for the plan sets as they are developed for modeling, review and redesign to
meet the requirements of the 2011 Energy Star tax credit compliance and 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
Agreement for Architectural Review — Pg. 1 of 2
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
WBS being updated.
Substitution of Project Team Members
The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project
may be 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 of $15,000.00. The cost of our proposal covers consulting
on design, specification and energy compliance for your project. Billing will be at a rate of $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 21 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 two business weeks of receipt of billing. Expenses
not paid within two weeks of receipt of billing will incur and 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.
IN 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 ACCEPTED AND AGREED TO THIS
Date: Date: /0
By:
Eco
=J I wilding
By:
Mr. Michael.. Van Milligen
City Manager
Agreement for Architectural Review — Pg. 2 of 2