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Project 187 - Contract - Enovity - 2008-03-11 • AGREEMENT FOR DESIGN CONSULTANT SERVICES • PROJECT #187 CORPORATE YARD THIS AGREEMENT is made and effective as of March 11 2008 between the Costa Mesa Sanitary District, a sanitary district ("District"), and ENOVITY INC a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 TERM This Agreement shall commence on March 11 2008 and shall remain and continue in effect until tasks described herein are completed but in no event later than December 31 2009 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES • Consultant shall perform the tasks described and set forth in Exhibit A attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in • Exhibit A 3. PERFORMANCE Consultant shall at all times faithfully competently and to the best of his/her/its ability experience, and talent perform all tasks described herein. Consultant shall employ at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. DISTRICT MANAGEMENT District's Manager shall represent District in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. The District Manager shall be authorized • to act on District's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof • • 5. PAYMENT • (a) The District agrees to pay Consultant monthly in accordance with the payment rates, terms and schedule of payment as set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Sixty-seven thousand five hundred eight dollars ($67 508) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by District Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The District Manager may approve additional work not to exceed the greater of fifteen- thousand dollars ($15 000.00) or two percent (2%) of the total contract sum. Any additional work in excess of this amount shall be approved by the Board of Directors. (c) Consultant will submit invoices for actual services performed. Invoices shall • be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of Consultant's fees it shall give written notice to Consultant within thirty • (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5 • 7 DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms • of this Agreement, District shall pay to Consultant the actual value of the work performed up to the time of default and can terminate this Agreement immediately by 2 I written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's • control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the District Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law in equity or under this Agreement. 8. ACCURATE RECORDS (a) Consultant shall maintain complete and accurate records with respect to the project and other such information required by District that relate to the • performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide • free access to the representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts therefrom as necessary and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. RIGHTS IN DATA Any and all proprietary rights, copyrights, patent rights and other intellectual property rights in and to all analyses, data, databases, documentation, reports, inventions, processes, software including tools, code, computer programs, designs and related documentation, modifications, adaptations and improvements of any of the foregoing; and other works of authorship ("Developments') conceived, developed, first implemented, or produced by Consultant solely or jointly with employees, consultants, agents, or contractors of District shall be used by District solely with respect to the services specified in this Agreement for which such information was conceived • developed, first implemented or produced. Unless otherwise provided Consultant shall be deemed the author and owner of Consultant's Developments and shall retain all common law statutory and other reserved rights in such Developments, including copyrights. Neither party shall make changes in each other's Developments without • written permission of the other party 3 • 10 INDEMNIFICATION • (a) Indemnification for Professional Liability When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted bylaw Consultant shall indemnify protect, defend and hold harmless District and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other Than Professional Liability Other than in the performance of professional services and to the full extent permitted by law Consultant shall indemnify defend and hold harmless District, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, loses, expenses or costs of any kind, whether actual, alleged or threatened including attorneys fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of are a consequence of or are in any way attributable to in • whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. • (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by for with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts related to Construction. Without affecting the rights of District under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless District for liability attributable to the active negligence of District, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where District is shown to have been actively negligent and where District's active negligence accounts for only a percent of the liability involved the obligation of • Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of District. • 4 • 11 INSURANCE • Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit 'B' attached to and part of this Agreement. (A certificate of insurance should be attached.) 12. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the District a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the District. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against District, or bind District in any manner (b) No employee benefits shall be available to Consultant in connection with the • performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of • performing services hereunder 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award, terms or implementation of this Agreement, including any • method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly from Consultant, or from any officer employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted • as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity 5 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES • No member officer or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceed thereof for work to be performed in connection with the Project performed under this Agreement. 16. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall consider confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subconsultants, shall not without written authorization from the District Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered 'voluntary' provided Consultant gives District notice of such court order or subpoena. • (b) Consultant shall promptly notify District should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order or subpoena from any person or • party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with District and to provide the opportunity to review any response to discovery requests provided by Consultant. However District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 17 NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, which provides a receipt showing date and time of delivery or (iii) mailing in the United States Mail, certified mail, postage prepaid return receipt requested addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: • To District: Costa Mesa Sanitary District 628 West 19th St Costa Mesa, CA 92627 • Attn: District Clerk 6 • To Consultant: Enovity Inc. 5 Third Street, Suite 320 • San Francisco CA 94103 Attn: Greg Cunningham 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof nor any monies due hereunder without prior written consent of the District. 19. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 20. GOVERNING LAW • The District and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district • court with jurisdiction over the Costa Mesa Sanitary District. 21 ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on • behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder • I 23. INTERPRETATION • In the event of conflict or inconsistency between this Agreement and any other document, including any proposal or Exhibit hereto this Agreement shall control unless a contrary intent is clearly stated IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. COSTA MESA SANITARY DISTRICT CONSULTANT IA Distri t lahager Si nat e Signat .. i , • Lt ATTEST Typed . me • Title 1 ALA Pal to iatirtAQ-/ Di.9 ict Clerk • APPROVED AS TO FORM: I 4tAtA77 District Counsel • • R enovityn� Exhibit A • February 1,2008 Rob Hamers Email: rbhinc©pacbell.net Costa Mesa Sanitary District 234 E. 17th St. Ste. 205 Costa Mesa, CA 92627 Re: LEED®Management Services Proposal Costa Mesa Sanitary District Corporate Yard Dear Mr Hamers, Enovity Inc. is pleased to submit this proposal for LEED® Management Services for the U.S. Green Building Council's (USGBC) LEED®NC 2.2 rating system for the Costa Mesa Sanitary District Corporate Yard located in Costa Mesa, CA. The Costa Mesa Sanitary District Corporate Yard is a 5,166 square foot two-story maintenance and office facility The project is currently in the schematic design phase and seeks a LEED®certification of Gold under the LEED-NC 2.2 rating system. Project Schedule • The following has been communicated as the project schedule and is the basis for the fee structure of this proposal. Funding Status: Approved • Schematic Design: January 2008 Design Development: Not known Construction Documents: Not known Construction Phase: August 2008 Start Proposed Services LEED® Management Services are being proposed to coordinate and provide guidance for the project certification process. This proposal defines task descriptions for providing LEED® Management Services as well as providing credit specific scopes of work (including energy modeling, Fundamental Commissioning, Enhanced Commissioning). In addition, there is a list of added-value services that can be provided depending on what is needed for the project. The following are the sections of this proposal: 1 LEED®Management Methodology 2. LEED® Management Tasks 3. Bid Review 4. Commissioning Tasks 5. Additional Credits 6. Fees 7 Contract Terms • • Page l of 7 Enovity Inc 18831 Bardeen A\ Suttc l00 In', CA 92606 (949)6795864W (94918622 2132(v) «<.n ,no In,Lem GEED Management Services Proposal • Costa Mesa Sanitary District Corporate Yard February 1,2008 • 1. LEED®MANAGEMENT METHODOLOGY LEED® Management Services provides the administration and guidance towards achieving building certification. With Enovity s depth of experience, Enovity is able to provide input, considerations, and clarification for individual credits as team members pursue achieving credit requirements. The main role for managing the process is tracking the progress of the team members and maintaining the current status of the project collectively Achieving certification through the LEED®Rating System is a continuous process and requires input from the design and construction team. The owner and design team must make decisions throughout the design and construction process contributing to achieving each of the credits. Team members will need to take responsibilities for evaluating and implementing specific tasks to achieve individual credits. Team members will be assigned credits and be responsible for analysis and implementation of the credit requirements. Rather than evaluating the credits in the order provided in the Credit Checklist,Enovity breaks down the prerequisites and credits in an order related to priority This provides a much better management tool for evaluating the status of the project rating system. The following is a description of the different credit groups: Group 1. Prerequisites • Prerequisites must be evaluated first to ensure that each can be obtained before evaluating additional credits. All prerequisites must be achieved in order to a LEED®Rating. The prerequisites are as follows: 1 SSpl. Construction Activity Pollution Prevention S 2. EApl. Fundamental Commissioning 3. EAp2: Minimum Energy Performance 4. EAp3: Fundamental Refrigerant Management 5. EAcl. Optimize Energy Performance(14 above T24) 6. MRpl. Storage&Collection of Recyclables 7 EQp1 Minimum IAQ Performance 8. EQp2: Environmental Tobacco Smoke(ETS)Control Group 2: Typical Credits The next step is to evaluate the credits that typically are pursued on projects. By utilizing historical information on projects implemented nationwide, guidance can be provided for which credits are typically pursued. These credits are relatively easy to achieve and have a nominal cost impact. Additionally the list of typical Innovative Design credits is provided to select credits to pursue for this particular project. There will be a combination of credits marked as achievable ("Yes') and possible ("Maybe'). Group 3: Additional Credits Additional credits are classified as 'Maybe and are more involved for achieving the necessary requirements. Typically more analysis needs to completed to identity whether these credits can be achieved and at a reasonable cost. • Group 4: Difficult to Achieve Credits The difficult credits are classified as 'No and not achievable, or they have a very low probability due to relevance to the project or costs. • Page 2 of 7 Enmity,Inc. 18831 Bardeen Al Suttc 100 Inn CA 92606 (949)679 5864(11 (949)8622132 N) n aN encn m Loin LEED Management Services Proposal • Costa Mesa Sanitary District Corporate Yard February 1,2008 • 2. LEED® MANAGEMENT TASKS Task 1. LEED®Development LEED®Scoping Meeting Enovity will facilitate a one hour meeting to determine the most technically and economically achievable approach to gaining enough credits to meet the LEED®Rating goal. This initial pass is typically with the owner/developer and the architect and is a brief review of all the credits. Design Team Credit Review Meeting (Charrette) Enovity will host a half day meeting with the design team (developer, architect, MEP engineers, landscape architect, and general contractor) to review the individual prerequisites and credits to determine the following: 1. Assign specific credit responsibilities 2. Determine the potential and desire to achieve the credit(Yes, Maybe,No) 3. Identify implementation issues 4. Identify action items and timing This scope of work includes the following activities: 1. Design team meeting preparation • 2. Hosting the meeting 3. Summarizing and reporting the results of the meeting 4. Identify the overall courses of action • Prior to this meeting, team members will need to have obtained and reviewed the Reference Guide and familiarize themselves with credits associated with their work. This session is not an educational session about individual credits Task 2: LEED®Management Services This task commences with the registration of LEEDS- with the USGBC. Enovity will manage the overall process of achieving credits. Project team members will be responsible for generating and uploading the necessary documents utilizing the LEED' On-line tools and for submitting necessary documentation in Acrobat .pdf' file format. Enovity will continue to compile credit information and summarize the status of meeting all the defined requirements. Project team conference calls or meetings will be held to summarize the status of the project and each credit, and to receive feedback from each member on the issues that may he hindering progress or attainment. The summary of Task 3 is as follows: 1. Register the project with USGBC (all fees paid directly by the owner) 2. Configure the USGBC project site, populating project information, team members, credit assignments,etc. 3. Manage the status and progress of credit compliance 4. Oversee the team progress pursuing credits • 5. Verify documents submitted by each team member 6. Work with the owner assessing credit decisions 7 Provide overall certification guidance 8. Design Phase Meetings (2 total) a. (1)Design Development • Page 3 of 7 En vity,In 18831 Bardc A% Sulu.100 Iry CA 92606 (949)6795864(1) (949)8622132(s) NN E\ cnoI in,com • LEED Management Services Proposal Costa Mesa Sanitary District Corporate Yard February 1,2008 • b. (1)Construction Documents 9 Construction Phase Meetings(2 total) a. (1)Pre-construction kickoff meeting b. (1) Mid-construction 10. Warranty Phase Meetings (1 total) 11. Provide a general (Division 0)LEED1'specification 12. Formally submit credits to USGBC for review 13. Coordinate final LEED certification Clarifications The following are clarifications associated with this proposal for the tasks proposed 1. Implementation of any specific credit is not included unless specifically identified. 2. Construction cost estimates are not included 3. Registration fees associated with LEED® including Credit Interpretation Requests are not included 4. Copies or distribution of the LEEDI' Reference Guide is not included 5. Providing an FTP website to host documents is not included (not required, but it is helpful) 6. Drawing prints are not included (50% size design and construction drawings shall be sent to Enovity s office at no additional cost to Enovity) • 7 Enovity does not guarantee certification of the project 8. Owner, design, and construction team member fees for evaluating and implementing individual credits as well as attending LEED® Coordination Meetings is not included USGBC Fees Paid Directly by Owner/Developer • The following provides an idea of additional fees that may be required to be paid directly by the owner/developer to USGBC. Fees are subject to change by the USGBC and should be verified on the USGBC website. Description Estimated Fees USGBC Registration $ 450 USGBC Design Submittal Fee $1,250 USGBC Construction Submittal Fee $ 500 Credit Interpretation Request(only if needed) $220/CIR USGBC Appeal Fee(only if needed) $ 500 3. BID REVIEW Task 3: Bid Review Enovity will assist with reviewing bid documents to evaluate whether bids meet specification requirements relative to LEED certification. Included are the following scopes of work • 1 Review Meeting (1 meeting) 2. Bid Review&Report(analysis of bid documents) • Page 4 of 7 Ent my In 1883113.n deen A; Suite 100 It CA 92606 (949)6795869(1) (9'49)8622x2(v) «\;;+ tnu'Ire mom LEED Management Services Proposal • Costa Mesa Sanitary District Corporate Yard February 1,2008 • 4. COMMISSIONING TASKS Task 4: EAc3 Enhanced Commissioning The intent of LEED Enhanced Commissioning is to capture the maximum commissioning benefit by getting an early start during design and continuing commissioning into the initial building operating period by re-commissioning the project prior to the end of project's warranty phase.The detailed scope of work is defined by the USGBC in the Reference Guide, and will include, at a minimum, the following tasks: 1. Perform a commissioning review of the design documents prior to construction documents phase and back-check the review comments in the subsequent design submission. 2. Perform a review of contractor submittals applicable to systems being commissioned for compliance with the OPR and BOD This review shall be concurrent with A/E reviews and submitted to the design team and the Owner 3. Develop a Systems Manual that provides future operating staff the information needed to understand and optimally operate the commissioned systems. 4. Verify that the requirements for training operating personnel and building occupants are completed. • 5. Assure the involvement by the Commissioning Authority in reviewing building operation within 10 months after substantial completion with O&M staff and occupants. We will also include a plan for resolution of outstanding commissioning-related issues. • Clarifications 1 Fundamental Commissioning is not include in Enovity s scope of work. The engineer of record will be performing commissioning work. The engineer will need to turn over the following documents in a soft copy format that can be modified (MS Word or MS Excel). The following documents need to be provided to Enovity• a. Owner s Project Requirements b. Basis of Design c. Functional Performance Tests d. Commissioning Plan 2. At the time of this proposal,HVAC and other building systems have not yet been defined.LEED' Commissioning encompasses I-IVAC systems, building controls, lighting systems, and domestic water systems. This proposal is based on conventional' HVAC systems, HVAC controls, lighting systems and controls, and domestic water systems, examples are packaged DX HVAC and fluorescent plus incandescent lighting. 3. Excluded systems include photovoltaics, solar hot water systems, ground-coupled heat pumps, heat recovery systems, and other non-conventional systems. 4. Enovity reserves the right to lnodifj this budget proposal based on the final equipment selection and a more • detailed scope of work can be provided after system selection has been conducted. • Page 5 of 7 Enovity,11 18831 Ba deco Al SuMti 100 Ina CA 92606 (949)679 5864(0 (949)862 2132(v) «n o tno xty Loco LEED Management Services Proposal • Costa Mesa Sanitary District Corporate Yard February 1,2008 5. ADDITIONAL CREDITS • Enovity will provide services related to individual credits. Additional credits are identified in the Schedule of Values in the next section. 6. FEES The following are fees for the various tasks and scopes of work. The total fee budget is $67,508.00 and is detailed in the following Schedule of Values: SCHEDULE OF VALUES Not Approved Approved Task to Proceed to Proceed %Complete to date 1 LEED Development $ ,689 00 0' 2 LEED Management Services $ 29,700.00 0° 3 Bid Review $ 1,920.00 0` 4 LEED EAc3-Enhanced Commissioning $ 7,849.00 0` 5 SSpl Field Verification $ 650.00 Cr 6 SSc4.1 Written Document $ 300.00 0" 55,-4 3 1\utf I)? -Un it S ill ,(1 0' S SS 'Sri nD. morn Ii,1' II' 9 SSc7.1 Written Document $ 1,650.00 (1° • 10 WEc1.1 Field Verification 5 650.00 0Y (I Ri! pl I 'Id l lit] 1� Iii n ' . f 12 MRc2.1 Wntten Document&Verification $ 950.00 0° 13 MRc6 Field Verification $ 650.00 0° 14 MRc7 Field Verification $ 650.00 0° • 15 EQc3.1 Written Dc cument&Venfica6c n $ 2,950.00 0° 16 EQc3.2 Written Document&Verfication S 1,300.00 0° 17 EQe4.1 Field Verfication $ 250.00 0' 18 EQc4.2 Field Verification $ 250.00 0' 19 EQc4.3 Field Verifcation $ 250.00 0° 20 EQc4.4 Field Verification $ 250.00 0" 21 EQc5 Field Verification $ 250.00 0' 22 EQc6 1 Field V ihcation $ 350.00 0' 23 EQc6 2 Field Verification $ 350.00 0° 24 EQc .2 Written Document $ 1,650.00 0° 25 EQc8 1 Written Document $ 1,650.00 0° 26 IDc1.2 Written Dc invent $ 1,100.00 0' 27 IDc1.3 Written Di cument $ 1,650.00 0? Subtotal $',601).0(1 $64,908.00 Total Approved to Proceed: $64,908.00 Total Not Approa ed to Proceed: $2,000.00 Total Contract Amount $67,508.00 • Fees are based on the project schedule detailed in this proposal and are based on the project information defined to date. Additional fees may apply if the contract period extends beyond the schedule. • Page 6 of 7 En 'try In 18831 Barde At Suite 100 Ir CA 92606 (949)679 5864(1) (949)862-213 ( ) RR3, taw)m,corn LEED Management Services Proposal • Costa Mesa Sanitary District Corporate Yard February 1,2008 • 7 CONTRACT TERMS This is a Lump Sum proposal. Invoices will be submitted on a monthly basis at the end of each month for percentage of completion for each task. Invoices will be due and payable in full within 30 days from the invoice date. To authorize this work, please forward a contract agreement using this proposal as an Attachment. Enovity can provide a standard contract agreement upon request. This proposal is valid for 30 days. I am available to answer any questions you may have concerning this proposal and look forward to working with you on this interesting project. Very Truly Yours 744 C TiL.Chin,CEM,LEED AP Cc: Greg Cunningham,AIA, LEED AP-Prmcipal Jonathan Super, PE Principal • • • Page 7 of 7 Enovity,Inc 18831 Ba tit A' Si in 100 In CA 92606 (9491 679%864(0 (949)862 21] (t) novo:nom