PROVIDER GREEN RATER LEED FOR HOMES CONTRACT

 Recitals

 Alliance for Environmental Sustainability dba GreenHome Institute (GHI) is a Michigan nonprofit corporation that empowers professionals and homeowners to make healthier and more sustainable choices in the places we live. In support of this mission, GHI seeks to establish agreements, such as this one, with various project team members in support of its mission to develop safe, equitable, and sustainable homes. This agreement is, accordingly, intended to support the GHI mission, the policies and procedures of GHI, the United States Green Building Council (USGBC), and the Green Business Certification Inc. (GBCI).

Terms and Conditions

 This agreement is established between GHI, the LEED for Homes Provider, and (Green Rater) with the intent to administer the LEED for Homes Certification Program governed by the United States Green Building Council (USGBC) and the Green Business Certification Inc. (GBCI). This agreement is governed by and shall at all times be construed so as to be compliant with the policies of the USGBC and GBCI. This agreement shall govern all LEED for Homes projects for which GHI is the LEED Residential Provider and Green Rater is concurrently providing LEED verification services.

I.                Term and Termination.

 This agreement is in effect starting from the date the agreement is signed and shall continue until either party elects to terminate. Either party may terminate this agreement upon 5 days written notice of termination to the other party. In the event of termination, neither party shall have any further obligations under this agreement; provided, however, that the provisions of Section VII, regarding indemnification, shall survive the termination of this agreement and shall continue in force and effect for a period of three

(3) years following the date of termination.

II.             Modification.

 This agreement is also subject to modification as necessary to conform to policy changes by GHI, USGBC, or GBCI or other mitigating circumstances. This agreement does not establish exclusivity of service for either party.

III.           GreenHome Institute Responsibilities.

 Generally, GHI is the LEED Residential Provider organization and in this capacity is responsible to provide general project oversight. Specifically, GHI will:

1. Provide technical assistance;

2. Provide quality assurance oversight;

3. Conduct a preliminary plan review, including preliminary drawings, building specifications, and assistance in preparing the LEED for Homes Checklist;

4. Assist in documentation management and compilation of final submission packet; and

5. Facilitate communication with

IV.           Green Rater Responsibilities.

 Generally, Green Rater will provide verification services on behalf of GHI to construction project teams with the goal of achieving LEED Certification for the project. Specifically, Green Rater will provide the following:

1. Review and sign the annual GBCI Quality Assurance

2. Submit a bi-annual report to GHI of all active and pending projects that includes, but is not limited to:

3. Project name

4. Address

5. LEED ID#

6. Construction schedule

7. Anticipated mid-construction inspection site visit date

8. Anticipated final inspection site visit date

9. Any notes or issues with the project

10. Attend bi-annual GHI LEED Green Rater meetings or review recordings and complete the quiz if not attending

11. Attend or review bi-monthly GBCI LEED Residential Verification Team Network calls.

12. Maintain documentation on an online file management system (preferably box.com) that GHI and project team members can access throughout the project’s life, which includes the plans, specifications, energy models, and the most current version of the project’s LEED Residential

13. Submit onsite review reports and follows up to project teams within ten (10) days of site visits and record correspondence on com.

14. Disclose any conflicts of interest or potential conflicts of interest to GHI immediately at the project

15. Submit sampling plan, if sampling will be used, to GHI at the start of the

16. Submit ventilation and/or mid-rise energy modeling to GBCI through GHI for advance approval during the design phase, if required per the rating .

17. Coordinate with GHI early in the year to identify potential projects for required annual onsite

18. Complete one mid-construction or final inspection QA audit annually and pay the $100 fee to GHI.

19. Timely submit projects to GHI for final review using this link: https://greenhomeinstitute.org/green-building-certification-inquiry-form/

V.             Specific Timeframes.

 Without limitation on Green Rater’s responsibilities as set forth in the immediately preceding section, Green Rater shall be responsible for following time-sensitive obligations:

1. In all cases except those where it is clearly unreasonable or impractical to do so, Green Rater shall ensure that GHI, as the Residential Provider, is actively engaged and/or contracted for the design phase of each project to avoid additional fees resulting from the Residential Provider spending more than the budgeted amount of time on the Project. This includes a requirement that an assigned GHI QA will complete LEED preconstruction plan review prior to construction and to be allowed to give feedback to the Green Rater. If it becomes necessary for Residential Provider to allocate more staff time than budgeted on a Project, such additional staff time shall be billed to the client at the rate of $100 per

2. Green Rater shall provide a written report to GHI and to the project team of each mid- construction inspection within ten (10) days of the required mid-construction site visit.

3. Green Rater shall provide GHI with the complete GBCI submission packet within thirty (30) days of the final verification

VI.           Certification Disclaimer.

 Green Rater acknowledges and agrees that GHI does not sell LEED certification, nor can GHI guarantee a specific certification level outcome. LEED certification ultimately depends on the client to complete all mandatory and suggested measures of the program. The Green Business Certification Institute (GBCI) has full and final discretion on the project’s LEED certification eligibility and level.

VII.         Indemnification.

 Green Rater shall indemnify and hold harmless GHI for any liability, claims, or causes of action, including attorneys fees and costs, in any way arising out of or related to (1) Green Rater’s breach of this agreement, or (2) Green Rater’s negligent, reckless, or intentional acts or omissions. Green Rater shall maintain appropriate general commercial liability and errors & omissions covereage for the projects in which Green Rater is engaged with limits of no less than $1 million per occurance and $2 million in aggregate, and shall name GHI as an additional named insured on such policies of coverage.

VIII.      Green Rater’s Fees.

 Green Rater understands and agrees that the obligation to pay Green Rater’s fees is solely that of the owner or developer of the project. Green Rater expressly acknowledges that GHI has no liability or obligation to pay Green Rater or to ensure or guarantee that Green Rater is paid for its services under this agreement.

IX.           Communications Policy.

 Except in those cases where there is a dispute or a particular individual in the communication chain becomes unresponsive, the parties agree to observe the following communications policy:

1. Project team members communicate with the project team leader;

2. The project team leader communicates with the LEED Green Rater;

3. The LEED Green Rater coordinates with the GreenHome Institute Program Manager;

4. GreenHome Institute Program Manager may choose to recruit other GHI team members to assist based on project needs; and

5. GreenHome Institute Program Manager or Quality Assurance Representative communicates with

GHI may correspond with the project team as needed, especially if GHI is providing additional consulting or assistance to the project team. GHI will always CC Green Rater on all communications with the project team outside of disputes or resolutions. Green Rater is to include the GreenHome Institute Program Manager in all communication.

X.             Breach.

 Failure to comply with any of these agreements first and foremost distracts from our mutual goal of making buildings better. The GreenHome Institute Quality Assurance Representative may have requests of Green Rater for which a response is crucial to achieving certification. If those requests are not satisfied, a detailed report will be sent to the GreenHome Institute Board of Directors. From there, further action warranted may include but may not be limited to:

1. Filing a Corrective Action Request (CAR) with GBCI;

2. Removal from the GHI website list of qualified Green Raters;

3. Delays in project certification or new project registration; and/or

4. GHI’s increased direct involvement with the project team to correct the issue, assign the project to a new green rater, or assume full responsibilities of the Green

XI.           Assignment or Delegation.

 Neither party may assign its rights or delegate its responsibilities under this agreement, in whole or in part, without the written consent of the other party.

XII.         Entire Agreement; Modification.

 This agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations or promises that may have been made by either party to the other. This agreement may be modified only by a writing signed by both parties.

XIII.      Binding Effect.

 This agreement shall inure to the benefit of and be binding on the parties and their respective successors and permitted assigns.

XIV.       Governing Law.

 This agreement shall be governed by and construed in accordance with the laws of the state of Michigan notwithstanding any contrary conflict of laws principles.

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