14-077 Optony Inc for consultant servicers for the Cupertino Solar Installation Project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE: (408)777-3223•FAX: (408)777-3366
WEBSITE:www.ctipertino.org
CUPERTINO
October 15, 2014
Optony, Inc
2855 Kifer Rd. Suite 201
Santa Clara, CA 95051 -
Re: First Amendment for consultant services for the Cupertino Solar Installation project.
Enclosed for your records is a fully executed original copy of!the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CST A. NDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
TFirst Y, FOR CONSULTANT SERVICES FOR THE CUPERTINO SOLAR
/�� INSTALLATION PROJECT 1 0 Amendment to the Agreement between the City of Cupertino and Optony,
Inc., for reference dated September 24, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and OPTONY INC., a
California corporation whose address is '41855 Kifer Road, Suite 201, Santa Clara, CA
95051, (hereinafter "CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On April 28, 2014, an agreement was entered into by and between City
and Optony Inc. (hereinafter "Agreement").
B. City and Optony Inc. desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutualliT agreed by and between and undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date of this agreement and
shall terminate on March 31, 2015, unless tE:!rminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" Revised.
titled "Scope of Services" which is attached hereto and incorporated herein by this
reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to bE.- completed according to the schedule set out
in Exhibit B Revised, titled "Schedule of Performance ", which is attached hereto and
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall.
not exceed Twenty.Eight Thousand Dollars ($ 28,000). The rate of payment is set out in
Exhibit C Revised, titled "Compensation", which is attached hereto and incorporated
herein.
Consultant shall furnish to City a detailed ,statement of the work performed for
Page 1 of 3
First Amendment
Civic Center Master Plan&Parking Garage Conceptual Planning Project—Environmental Services
Consultant:David J.Powers
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments duping the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page Z of 3
First Amendment
Civic Center Master Plan&Parking Garage Conceptual Planning Project—Environmental Services
Consultant:David J.Powers
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
Optony Inc. A Municipal Corporation
By By -
Dir r of Public Works, Timm Borden
Title S0Jx)9- I�ICt`742F.S�rJ��l
Date Y �L
2855 Kifer Rd., Suite 201
Santa Clara, CA 95051
APPROVED AS TO FORM:
i
By
City Attorney, Carol Korade
J
ATTEST:
By � .
City Clerk, Grace Schmidt fo.,( I y
Account Nos.: 420-9263-9300-$ 13,500
And 420-9270-9300- $14,500
" S—��� Total Contract Amount: $28,000
(Amendment No.1 Amount: $ 12,000)
Page 3of3
First Amendment
Civic Center Master Plan&Parking Garage Conceptual Planning Project—Environmental Services
Consultant:David J.Powers
EXHIBIT A-REVISED
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related to
the Cupertino Solar Installation Project.
SECTION 1. GENERAL
A. General PROJECT Description:
The City is in the process of evaluating; the procurement of a solar system installation.
This agreement will allow us to engage Optony to assist the City with vendor
negotiations and contract review, independent engineering reviews of the final
proposed systems and project commissioning during the construction phase.
The City with other participating agencies have piggybacked onto the Alameda County
contract for renewable energy technical services includes procurement, contract
negotiation, project commissioning acl other technical assistance, as needed, under a
discounted rate schedule.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of the
CITY, in accordance with the express terms hereof, including but not limited to the
terms set out in detail in this scope of services and the standard of care provisions
contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee (hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other groups,
departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the CITY.
CONSULTANT shall schedule meeting and prepare meeting agendas and minutes
for all PROJECT meetings during the design phase under the scope of work. All
minutes of meetings are due to the CITY within five (5)working days after the
meeting. CONSULTANT shall provide copies of such documentation to the CITY,
and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
First Amendment Page 1 of 1.1
Optony Inc.Agreement
Cupertino Solar Installation Project Exhibits
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4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
CONSULTANT shall not substitute any team members without the prior approval of
the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly process of the work. The schedule for
the performance included in EXHIBIT B-REVISED,may be adjusted by mutual
agreement.
6. CONSULTANT shall manage its, UBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable design
criteria, and communicate with rnembers of the PROJECT team.
7. When the CITY determines that the PROJECT requirements have been sufficiently
identified,CONSULTANT shall prepare and update a PROJECT schedule for the
CITY at the beginning of each TASK as defined in SECTION 2- "TASK" of this
EXHIBIT A-REVISED. The PROJECT schedule shall identify milestone dates for
decisions required of the CITY, design services furnished by CONSULTANT and
CONSULTANT's SUBCONSULTANTS, dates of reviews and approvals required
by all governmental agencies that have jurisdiction over the PROJECT, deliverables
to be furnished by CONSULTANT, completion of documentation provided by
CONSULTANT, commencement of construction and substantial completion of the
construction of the PROJECT, and as identified in the exhibits under this
AGREEMENT.
SECTION 2. TASKS
TASK 1:ASSIST WITH VENDOR NEGOTIATION & CONTRACT REVIEW
In collaboration with City staff, vendors, and other RREP participants, Optony will act as
the technical lead in contract negotiation and solar system design optimization processes.
Consultant will provide close attention to details in contract terms and conditions,
system sizing and designs, proactive issues identification and rapid analysis of their impact
which are all keys to ensuring that the purchase or PPA contracts meet your needs.
Tasks to be Performed
• Contract negotiation support including evaluation of terms, conditions,
pricing and performance, recommendations and negotiation points
• Provide continuity from site evaluation and procurement to negotiation and system
designs
• Participate in contractor site walks to develop the most appropriate system designs
• Perform initial system design review to ensure that proposed designs meet desired
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Optony Inc.Agreement
Cupertino Solar Installation Project Exhibits
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goals
• Identify site---specific risks and opportunities for the next phases of this project
• Independent analysis and evaluation for final contract
• Evaluation of available state and federal incentive programs and any potential
changes to determine the impact on project financial viability
• Modeling of applicable and recommended electricity rate schedules for
renewable energy systems,including virtual net metering and feed-in-tariff
options
Recommendations for SREC strategy related to clean energy goals
• Assist in preparation and presentation of project benefits for City Council approval
TASK 2:PROVICE SOLAR PROJECT INDEPENDENT ENGINEERING REVIEW
From the contracting phase through issuance of the building permit, Optony will perform
an Independent Engineering Review on a site-by-site basis in collaboration with key City
staff and stakeholders to minimize risks and deliver maximum economic returns. In
addition to regulatory requirements for Independent Engineering Reviews for solar
projects, reducing discrepancies in proposed solar system designs, components, and
construction will result in better lifetime performance. Optony's team will conducts these
tasks based on extensive experience across the entire lifecycle of solar project to ensure that
the latest trends, best practices and risks are taken into consideration.
Tasks to be Per formed
• Expert, independent review of engineering documents, components and system
designs
• Reference checks to verify vendor performance, technology and warranties
• Detailed review of project economics, assumptions and forecasts with external
benchmarking
• Federal ITC and local incentive review for compliance with requirements
• Guidance on effectively capturing utility and local incentives
• REC evaluation to maximize economic and environmental benefits
• Review of contract terms and conditions for business risks and opportunities
• Monitoring system review to ensure proper performance management process
• Analysis of the operational, facility, structural, and environmental challenges specific
to that site that may require further detailed assessment or that may limit the range
of options for solar
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Optony Inc.Agreement
Cupertino Solar Installation Project Exhibits
a
• Calculation of potential CO2/GHG reductions and related equivalents
• Notation of anticipated site-specific challenges including CEQA or site usage
TASK 3:PROJECT COMMISSIONING SERVICES
From the approval to proceed with construction until the system is fully operational,
Optony will apply its extensive experience and knowledge of the solar industry to provide
a broad range of project commissioning services designed to protect your investment, as
needed. These include hands-on project coordination, technology inspection, installation
oversight, and specification compliance to final project performance certification.
Independent from any financial, technology, or vendor interests, our solar experts act on
your behalf to ensure a smooth transition from construction to long-term operations, based
on your specific needs and risk assessment.
Tasks to be.Performed
• Conducting interim and final system design reviews to ensure the proposed
designs meet desired goals, technical requirements, and adherence to industry
best practices(2-3 design iterations)
• On-site inspection of system and all components,methods and designs using Optony's
35-point evaluation form
• Documentation of current progress wit]1 impact to construction timeline and project
risks
• Review engineering change orders and provide independent analysis to minimize
impact
0 Create project punch-list to verify completion of construction to site-specific
requirements.
• Monitoring system and process review to ensure proper performance management
• Review of site-specific maintenance schE�dule and staff training as necessary
• Review solar energy output (kWh) one month after in-service date to evaluate actual
system output and project economics for compliance with contract guarantees
• Follow up with utility to verify that electric meter rate schedule has changed to meet
the proposed financial benefits.
• Report of findings and final project performance forecasts
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Optony Inc.Agreement
Cupertino Solar Installation Project Exhibits
a
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY in
advance. An Additional services amount of SIX THOUSAND DOLLARS($6,000.00) is made
a part of this agreement. Additional services may be paid for as a negotiated maximum not to
exceed amount or by a time and materials cost accounting with a maximum not to exceed.
First Amendment Page 5 of 11
Optony Inc.Agreement
Cupertino Solar Installation Project Exhibits
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EXHIBIT E;-REVISED
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by March 31,2015.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project.The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: Assist with Vendor Negotiation&Contract Review Within 1 weeks
after execution
of agreement
Task#2 Provide Solar Project Independent Engineering Review Within 1 weeks
after City
requests
services
Task#3: Project Commissioning Services-NIC Within 1 weeks
after City
requests
services
First Amendment Page 6 of 1.1
Optony Inc.
Cupertino Solar Installation Project
Exhibits
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EXHIBIT C,-REVISED
COMPEi. SATION
A. Maximum Compensation. j
i
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of thi's AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and.reimbursable expenses, shall not exceed
TWENTY EIGHT THOUSAND DOLLARS($23,000). CONSULTANT agrees that it shall
perform all of the services set forth in Exhibit A.j-REVISED of this AGREEMENT,except for
additional services required pursuant to Sectior.i 2,TASKS and inclusive of reimbursable
expenses, to be paid at time and material for the maximum not to exceed amount of TWENTY
TWO THOUSAND DOLLARS ($22,000). The maximum amount of Additional Services are
authorized under Section G of this EXHIBIT C ;REIVSED is SIX THOUSAND DOLLARS($
6,000).
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B. Method of Payment
For Task Nos. 1 through 3 CONSULTANT shall, during the term of this AGREEMENT,invoice
the CITY monthly based upon time and mater6l for each task set forth below in the Payment
Schedule (Schedule C-REVISED and C-1 below) for services performed, and reimbursable
expenses incurred if applicable, in completing that task under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has compi leted the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty(30)working days of receipt of the Invoice.
The Invoice shall be based on the work completed, and it shall describe the topics and tasks
completed during the Invoice period in accordiulce with the Budget Schedule and Payment
Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if
applicable, in accordance with the Budget Schedule and Payment Schedule set forth below.
CONSULTANT also shall include supporting c'documents for any reimbursable expenses. The
Invoice shall also show the total to be paid for the Invoice period.
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Cupertino Solar Installation Project
Exhibits
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C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: Assist with Vendor Negotiation&( ontract Review $7,000
Task#2: Provide Solar Project Independent 'Engineering Review $6,000
Task#3: Project Commissioning Services 1 $9,000
Additional Services $6,000
TOTAL $28,000
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITYi:may approve in writing the transfer of budget
amounts between any of the Tasks listed above Iprovided the total AGREEMENT amount does
not exceed TWENTY EIGHT THOUSAND DOLI LARS($28,000).
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First Amendment Page 8 of 11
Optony Inc.
Cupertino Solar Installation Project
Exhibits
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D. Subconsultant Services.
CONSULTANT is directly responsible for any;payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
E. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's hourly compensation,including,but
not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test prints, 8
1/2" x 11" copies or fax copies, travel,etc. Plotting and Printing for public distribution will be
the responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-3 of EXHIBIT A-REVISED.
First Amendment Page 9 of 11
Optony Inc.
Cupertino Solar Installation Project
Exhibits
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G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein, its authorized by the CITY. The CITY has set
aside the sum of SIX THOUSAND DOLLARS ($6,000.) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services
that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered durin;;the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C-REVISED. The rates shown
in the EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C-REVISED.
First Amendment Page 10 of 11
Optony Inc.
Cupertino Solar Installation Project
Exhibits
v
EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Optony
Principal $209
Senior Project Manager $11'1
Project Engineer $152
Solar Engineer $119
Analyst $97_
Administrative $72
First Amendment Page 11 of 1.1
Optony Inc.
Cupertino Solar Installation Project
Exhibits
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255-
TELEPHONE: (408;)777-3223•FAX: (408)777-3366
WEBSITE:www.cul)ortino.org
CUPERTINO
May 13, 2014
Optony, Inc.
2855 Kifer Road, Suite 201
Santa Clara, CA 95051
Re: Agreement for consultant services.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND OPTONY, INC.
FOR CONSULTANT SERVICES FOR THE CUPERTINO SOLAR
INSTALLATION PROJECT
THIS AGREEMENT, for reference dated April 28, 2014, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as
"City"), and Optony Inc.-, a California corporation whose address is 2855 Kifer
Road, Suite 201, Santa Clara, CA 95051 (:hereinafter referred to as "Consultant"),
and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability,background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement
and shall terminate on September 30, 2014, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A".
titled "Scope of Services" which is attached hereto and incorporated herein by
this reference.
Page 1 of 12
Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
3. SCHEDULE OF PERFOMRANCI
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of :Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed SIXTEEN THOUSAND Dollars ($16,000). The rate of
payment is set out in Exhibit C, titled "Compensation", which is attached hereto
and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase,
clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
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Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND!CONTROL ACT (IRCA):
Consultant assumes any and all rE'sponsibility for verifying the identity
and employment authorization of all of his/her employees performing work
hereunder, pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROTECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Katy Jensen is hereby designated as the
Director of Public Works' designee and project Manager, and shall supervise the
progress and execution of this Agreement:.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be Ben Foster.
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Optony Inc.
Consultant Agreement for
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11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard
of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or failed to meet such standard of care,
Consultant shall, to the fullest extent allowed by law, with respect to all
services performed in connection with the Agreement, indemnify, defend,
and hold harmless the City and its officers, officials, agents, employees
and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or
Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole
negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all. services performed in connection with
the Agreement indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any
and all liability, claims, actions, causes of action or demands whatsoever
against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the performance of this Agreement by Consultant
or Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
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Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate- all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of$1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
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Consultant Agreement for
Cupertino Solar Installation Project
the professional acts, errors and omissions of Consultant in
the amount of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers,employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that.it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
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Consultant Agreement for
Cupertino Solar Installation Project
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign,sublease,hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee,hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment,hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy,which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
15. SUBCONTRACTOR APPROVAL::
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft,work product, map, record and other
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Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
document, hereinafter collectively referred to as 'Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City 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 such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
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Consultant Agreement for
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data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit:of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices,demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 950.14
Attention: Katy Jensen
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Optony Inc.
2855 Kifer Rd., Suite 201
Santa Clara, CA 95051
Attention: Ben Foster
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
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Consultant Agreement for
Cupertino Solar Installation Project
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full. and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
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Consultant Agreement for
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negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
25. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in
City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may
have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
26. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
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Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
P.O. No.: 0oo q y
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
OPTONY INC.
By. By ---.
riCimm Borden, Director of Public.Works
Name��S��tZ
Date �� - / T
Title s�
Date Z�
Tax I.D. No.: o-o cS0
APPROVED AS TO FORM:
2855 Kifer Rd., Su. 201
Santa Clara, CA 95051
161— Carol Korade, City Attorney
ATTEST:
Grace Schmidt, City Clerk
S---t
Contract Amount: $16,000
Account Nos. 420-9263-9300- $13,500
420-9270-9300 -$2,500 A ,�� t✓�
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Optony Inc.
Consultant Agreement for
Cupertino Solar Installation Project
EXHI13.[T A
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related to
the Cupertino Solar Installation Project.
SECTION 1. GENERAL
A. General PROJECT Description:
The City is in the process of evaluating the procurement of a solar system installation.
This agreement will allow us to engage Optony to assist the City with vendor
negotiations and contract review, independent engineering reviews of the final
proposed systems and project commissioning during the construction phase, if the City
decides to move forward with a project.
The City with other participating agencies have piggybacked onto the Alameda County
contract for renewable energy technical services includes procurement, contract
negotiation, project commissioning and other technical assistance, as needed, under
a discounted rate schedule.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of the
CITY, in accordance with the express terms hereof, including but not limited to the
terms set out in detail in this scope of services and the standard of care provisions
contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee(hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other groups,
departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors,as needed or as directed by the CITY.
CONSULTANT shall schedule meeting and prepare meeting agendas and minutes
for all PROJECT meetings during the design phase under the scope of work. All
minutes of meetings are due to the CITY within five (5)working days after the
meeting. CONSULTANT shall provide copies of such documentation to the CITY,
and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate aH responses to comments through the CITY.
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4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
CONSULTANT shall not substitute any team members without the prior approval of
the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly process of the work. The schedule for
the performance included in EXHIBIT B, may be adjusted by mutual agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS,and administer the
PROJECT. CONSULTANT shall consult with the CITY,research applicable design
criteria, and communicate with members of the PROJECT team.
7. When the CITY determines that the:PROJECT requirements have been sufficiently
identified,CONSULTANT shall prepare and update a PROJECT schedule for the
CITY at the beginning of eachTAS]<as defined in SECTION 2- "TASK" of this
EXHIBIT A. The PROJECT schedule shall identify milestone dates for decisions
required of the CITY, design services furnished by CONSULTANT and
CONSULTANT's SUBCONSULTANTS, dates of reviews and approvals required
by all governmental agencies that have jurisdiction over the PROJECT, deliverables
to be furnished by CONSULTANT, completion of documentation provided by
CONSULTANT,commencement of construction and substantial completion of the
construction of the PROJECT, and as identified in the exhibits under this
AGREEMENT.
SECTION 2. TASKS
TASK 1:ASSIST WITH VENDOR NEGOTIATION & CONTRACT REVIEW
In collaboration with City staff, vendors, and other RREP participants, Optony will act as
the technical lead in contract negotiation and solar system design optimization processes.
Consultant will provide close attention to details in contract terms and conditions,
system sizing and designs, proactive issues identification and rapid analysis of their impact
which are all keys to ensuring that the purchase or PPA contracts meet your needs.
Tasks to be Performed
• Contract negotiation support including evaluation of terms, conditions,
pricing and performance, recommendations and negotiation points
• Provide continuity from site evaluation and procurement to negotiation and system
designs
• Participate in contractor site walks to develop the most appropriate system designs
• Perform initial system design review to Ensure that proposed designs meet desired
goals
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Optony Inc.Agreement
Cupertino Solar Installation Project
Exhibits
• Identify site---specific risks and opportunities for the next phases of this project
• Independent analysis and evaluation for final contract
• Evaluation of available state and federal incentive programs and any potential
changes to determine the impact on project financial viability
• Modeling of applicable and recommended electricity rate schedules for
renewable energy systems,including virtual net metering and feed-in-tariff
options
• Recommendations for SREC strategy related to clean energy goals
• Assist in preparation and presentation of project benefits for City Council approval
TASK 2:PROVICE SOLAR PROJECT INDEPENDENT ENGINEERING REVIEW
From the contracting phase through issuance of the building permit, Optony will perform
an Independent Engineering Review on a site-by-site basis in collaboration with key City
staff and stakeholders to minimize risks and deliver maximum economic returns. In
addition to regulatory requirements for Independent Engineering Reviews for solar
projects, reducing discrepancies in proposed solar system designs, components, and
construction will result in better lifetime performance. Optony's team will conducts these
tasks based on extensive experience across the entire lifecycle of solar project to ensure that
the latest trends, best practices and risks are taken into consideration.
Tasks to be Performed
• Expert, independent review of engineering documents, components and system
designs
• Reference checks to verify vendor performance, technology and warranties
• Detailed review of project economics, assumptions and forecasts with external
bertchmarking
• Federal ITC and local incentive review for compliance with requirements
• Guidance on effectively capturing utility and local incentives
• REC evaluation to maximize economic and environmental benefits
• Review of contract terms and conditions for business risks and opportunities
• Monitoring system review to ensure proper performance management process
• Analysis of the operational, facility, structural, and environmental challenges specific
to that site that may require further detailed assessment or that may limit the range
of options for solar
• Calculation of potential CO2/GHG reductions and related equivalents
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Cupertino Solar Installation Project
Exhibits
• Notation of anticipated site-specific challenges including CEQA or site usage
TASK 3:PROJECT COMMISSIONING SERVICES—NOT INCULDED IN CONTRACT
(NIQ
From the approval to proceed with construction until the system is fully operational,
Optony will apply its extensive experience and knowledge of the solar industry to provide
a broad range of project commissioning services designed to protect your investment, as
needed. These include hands-on project coordination, technology inspection, installation
oversight, and specification compliance to final project performance certification.
Independent from any financial, technology, or vendor interests, our solar experts act on
your behalf to ensure a smooth transition from construction to long-term operations, based
on your specific needs and risk assessment.
Tasks to be Performed
• Participation in site walks to aid in review and approval of contractor provided
designs
• Conducting interim and final system design reviews to ensure the proposed
designs meet desired goals, technical requirements, and adherence to industry
best practices
• On-site inspection of system and all components, methods and designs using Optony's
35-point evaluation form
• Documentation of current progress with impact to construction timeline and project
risks
• Review engineering change orders and provide independent analysis to minimize
impact
• Evaluate system safety and security to minimize risks from damage, theft and third
party claims
• Create project punch-list to verify completion of construction to site-specific
requirements.
• Monitoring system and process review to ensure proper performance management
• Review solar energy output (kWh) one month after in-service date to evaluate actual
system output and project economics for compliance with contract guarantees
• Follow up with utility to verify that electric meter rate schedule has changed to meet
the proposed financial benefits.
• Development of site-specific maintenance schedules and staff training as necessary
• Report of findings and final project performance forecasts
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Exhibits
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY in
advance. An Additional services amount of THREE THOUSAND DOLLARS ($3,000.00) is
made a part of this agreement. Additional services may be paid for as a negotiated maximum
not to exceed amount or by a time and materials cost accounting with a maximum not to
exceed.
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Optony Inc.Agreement
Cupertino Solar Installation Project
Exhibits
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by September 30,2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1: Assist with Vendor Negotiation &Contract Review Within 1 weeks
after execution
of agreement
Task#2 Provide Solar Project Independent Engineering Review Within 1 weeks
after City
requests
services
Task#3: Project Commissioning Services-NIC TBD
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Exhibits
EXHIBIT C
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed
SIXTEEN THOUSAND DOLLARS ($ 16,000). CONSULTANT agrees that it shall perform all of
the services set forth in Exhibit A of this AGREEM=ENT,except for additional services required
pursuant to Section 2,TASKS and inclusive of reimbursable expenses, to be paid at time and
material for the maximum not to exceed amount of THIRTEEN THOUSAND DOLLARS ($
13,000). The maximum amount of Additional Services are authorized under Section G of this
EXHIBIT C is THREE THOUSAND DOLLARS($3,000).
B. Method of Payment
For Task Nos. 1 through 3 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon time and material for each task set forth below in the Payment
Schedule(Schedule C and C-1 below) for services performed, and reimbursable expenses
incurred if applicable, in completing that task under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY,the CITY shall pay COI`1SULTANT the amount shown on the Invoice
within thirty (30)working days of receipt of the Invoice.
The Invoice shall be based on the work completed, and it shall describe the topics and tasks
completed during the Invoice period in accordance with the Budget.Schedule and Payment
Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if
applicable, in accordance with the Budget Schedule and Payment Schedule set forth below.
CONSULTANT also shall include supporting documents for any reimbursable expenses. The
Invoice shall also show the total to be paid for thE-Invoice period.
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Exhibits
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: Assist with Vendor Negotiation.&Contract Review $7,000
Task#2: Provide Solar Project Independent Engineering Review $6,000
Task#3: Project Commissioning Services (Nl(:) $0
Additional Services $3,000
TOTAL $ 16,000
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed SIXTEEN THOUSAND DOLLARS ($ 16,000).
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Cupertino Solar Installation Project
Exhibits
D. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
E. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's hourly compensation,including,but
not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test prints, 8
1/2" x 11" copies or fax copies, travel, etc. Plotting and Printing for public distribution will be
the responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-3 of EXHIBIT A.
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Cupertino Solar Installation Project
Exhibits
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein,as authorized by the CITY. The CITY has set
aside the sum of THREE THOUSAND DOLLARS($3,000.) for the payment of Additional
Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional
Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event.Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 salt stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C.
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Exhibits
EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Optony
Principal $209
Senior Project Manager $171
Project Engineer $152
Solar Engineer $119
Analyst $91
Administrative $72
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Optony Inc.
Cupertino Solar Installation Project
Exhibits