HomeMy WebLinkAboutPW Solar Project Management and CommissioningAGREEMENT FOR PROFESSIONAL SERVICES
FOR SOLAR PROJECT MANAGEMENT AND COMMISSIONING
This Agreement is made and entered into this JU day of f an U a r U , 2010, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Optony�(hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, the CITY has determined that professional services are required for the Solar
Project Management and Commissioning of the solar energy project at the San Rafael City Hall; and
WHEREAS, the CONTRACTOR has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
I . PROJECT COORDINATION.
A. CITY'S Project Manager. The Shawn Graf is hereby designated the PROJECT
MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress
and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR. Jonathan Whelan is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR
shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services outlined in the
CONTRACTOR's proposal dated October 4, 2019, marked Exhibit A, attached hereto, and
incorporated herein.
DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
described in Exhibit A, attached hereto, and incorporated herein.
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4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates
shown in Exhibit A, attached hereto, and incorporated herein, in an amount not -to -exceed $24,600.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this Agreement shall commence upon the date of execution of this Agreement
and end on December 31, 2021. Upon mutual agreement of the parties, and subject to the approval
of the City Manager, the tern of this Agreement may be extended for an additional two (2) periods
of 1 year.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONTRACTOR in connection with
its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with
CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONTRACTOR's performance of services under this Agreement.
Where CONTRACTOR is a professional not required to have a professional license, CITY reserves
the right to require CONTRACTOR to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
3
`.primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as
ISO form CG20 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
4. By execution of this Agreement, CONTRACTOR hereby grants to
CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire
against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but
this provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
5. If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONTRACTOR under this agreement.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONTRACTOR'S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
of such City Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
of time allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify
and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project Director:
16. INDEPENDENT CONTRACTOR.
Shawn Graf
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Jonathan Whelan, Director of Operations
4699 Old Ironsides Drive, Suite 150
Santa Clara, CA 95054
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the ten -ns and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR
under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEYS FEES.
The prevailing party in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any terns of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one document. Counterpart signature
pages may be delivered by telecopier, email or other means of electronic transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
J SCH TZ, Ci Ma ager
ATTEST:
CONTRACTOR
Optony Inc.
By:
Name: Byron Pakter
Title: As corporate Vice President
[If Contractor is a corporation, add signature of second
corporate officer]
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Atto ey
Optony Inc.
By:
Name: Byron Pakter
Title: As corporation Secretary
6PTONY
Exhibit A
OPTONY
A Proposal for:
City of San Rafael
Solar Project Management and Commissioning
Optony Inc. Silicon Valley I Oakland I New York
October 4, 2019
Presented by:
Optony Inc.
Jonathan Whelan
Director of Operations
jonathan.whelan@optonyusa.com
4699 Old Ironsides Dr., Suite 150
Santa Clara, CA 95054
www.optonyusa.com
Page i 1
OPTONY
October 4, 2019
Hunter Young
Assistant Public Works Director
City of San Rafael
111 Morphew St., San Rafael, CA 94915
Re: Solar Project Management and Commissioning
Dear Hunter,
The City of San Rafael (City) has made significant commitments toward clean energy procurement and deployment
through the Sustainable Energy and Economic Development (SEED) Fund, and Optony is pleased to have the
opportunity to continue to work with the City to help pursue the positive impacts of solar projects and we are
proud to offer our experience, team and approach to ensure success.
The process of determining the most effective strategies and then implementing them through a time-limited
design and construction process can be challenging. Independent, expert management of the process will ensure
that the most beneficial opportunities are identified and that the value of the City's efforts and budget are
optimized.
Due to changes to the original contract and design, along with the necessity of further analysis and presentation
to proceed with the project, Optony is requesting additional budgetary funds, payable through time and materials
billing (T&M), as indicated in the following pages. After reviewing the attached following information on Optony's
qualifications and proposal, please do not hesitate to contact me to discuss next steps and how we can tailor our
services to meet your needs.
Sincerely,
Jonathan Whelan
Jonathan Whelan
Director of Operations
Optony Inc.
(415) 450-7032
jonathan.whelan@optonyusa.com
Optony Inc. Silicon Valley I Oakland I New York Page 1 2
OPTONY
TASK 1. SOLAR PROJECT MANAGEMENT AND COMMISSIONING
From the approval to proceed with construction until the system is fully operational, Optony will apply its
experience with solar installation to provide a broad range of project management and 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.
Sub -tasks Performed
• Expert, independent review of engineering documents, components and system designs
• Guidance on effectively capturing utility and local incentives and/or beneficial rate schedules and
programs, as available
• Participation in planning site walks to aid in review and approval of contractor -provided designs
• Evaluation of system safety and security planning to minimize risks from damage, theft and third -party
claims
• Leading of weekly construction calls with tracking of key issues for resolution and parties responsible
• Twice monthly on-site inspection of installed system and all components, methods and designs using
Optony's 35 -point evaluation form.
• Documentation of current progress -to -date with identification of potential Impacts to construction
timeline and project performance.
• Review of engineering change orders and provision of independent analysis to minimize impact.
• Creation of project punch -lists to verify completion of construction to site-specific and construction
requirements.
• Monitoring system and process reviews to ensure proper performance management.
• Review of solar energy output (kWh) one month after in-service date to evaluate actual production and
project economics for compliance with contract guarantees.
• Follow-up with the utility to verify that the electric meter rate schedules have 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.
Optony Inc. Silicon Valley I Oakland I New York Page 1 3
[ETyN[E1'►MJ
PROPOSED BUDGET
This proposed budget takes into account the scope for each task of this project, the resources required to
accomplish the proposed tasks, the estimated timeline, and any additional costs that may be incurred as part of
our engagement.
The proposed services have been broken into the major tasks for the proposed project. Subsequent changes to
the tasks are welcomed if they help accomplish your goals - any impact to the proposed costs will be quickly
communicated and are subject to your prior approval. As we have demonstrated with our projects across the US,
our services deliver significant project risk reduction and increase long-term impact for our clients.
Rest assured that we do not have any financial interests in the contractors or technology that will be evaluated or
recommended because maintaining our independence and your best interests are our top priority.
Proposed Services
Budget
TASK
1 City Site
Task 1: Solar Project Management and
Commissioning
Time & Materials billing, capped at $24,600
Other Fees and Costs
Travel within Bay Area
No additional cost
Optony is committed to making this project a success and, in the event that the scope needs to be changed to fit
within budget constraints, we are open to further refinement. Thank you for your consideration of our proposal.
Optony Inc. Silicon Valley I Oakland I New York
Page 4
OPTONY
ABOUT OPTONY
Optony's mission is to enable governments, commercial organizations, educational institutions, and investors to
bridge the gap between clean energy goals and real-world results.
Optony is an award winning global research and consulting firm based in Silicon Valley that was founded in 2007
with support from the U.S. Department of Energy. Our core services offer a systematic approach to planning,
implementing, and managing government, commercial and utility -scale energy efficiency and renewable energy
projects, while simultaneously navigating the dramatic and rapid changes in the clean technology industry.
Optony has over 100 employees globally with headquarters in Silicon Valley and regional offices in Chicago,
Washington DC, Denver, Beijing, and Hangzhou to serve clients across the USA and China. Due to our expertise
and market -leading projects, the company was recognized by the Silicon Valley Business Journal in 2011 as one of
the very best energy service companies in the region and our projects have won awards from the Interstate
Renewable Energy Council, Acterra Business Environment Awards, and the Governor of California.
Our team is squarely focused on moving the clean energy market forward for our clients and has had a major
Impact over the past 7 years, by providing Independent technical expertise to more than 300 clients around the
U.S. Optony is the only company to have successful experience supporting large-scale collaborative multi -
organization solar project efforts and is the co-authorof the authoritative guide "Purchasing Power: Best Practices
for Collaborative Solar Procurement".
OPTONY APPROACH
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At Optony, we recognize that long-term planning and execution of clean energy projects is complex and can have
uncertain results. Optony provides its clients with expert, independent services across the entire project lifecycle
by applying deep technical expertise and broad project experience to reduce risks and achieve the greatest
possible returns. We deliver results by consistently using the following approach:
• Stakeholder Engagement. Involving all project stakeholders to build support and momentum including
government officials and staff, policy makers, planners, facilities managers, residents, industry, utilities,
finance partners, non -profits, and others as needed.
• Technology Expertise. Providing deep technology and system design expertise to evaluate and determine
the best -fit options with highest lifetime performance.
• Hands-on Staff Coaching. Assisting client staff with tailored and highly responsive hands-on support as
they plan and pursue project objectives and complete tasks.
Optony Inc. Silicon Valley I Oakland I New York
Page 1 5
OPTONY
• Project Risk Mitigation. Identifying hidden project risks and opportunities and providing real-world
guidance on how to maximize the benefits from each initiative.
• World -Class Resources. Deploying world-class resources and clean energy industry best practices to
enable expert planning and ensure smooth transitions across project phases.
• Market -Leading Analysis. Providing clear and meaningful analysis and recommendations with external
benchmarks for cost and performance that may not be readily available or transparent. Prioritizing
project opportunities for both the short-term and long-term.
• Targeted Communications. Providing highly relevant talking points, images, and statistics to build and
maintain support for projects locally, regionally and nationally. Conducting training and resources to build
client knowledge and understanding about project progress.
Optony has a proven track record of providing local, regional and national -scale project and program management
for clients in 20 states with a particular focus on those areas that are traditionally under -served and under -
resourced. We believe that there are outstanding opportunities to make progress toward a greener and more
prosperous future, but information and support is needed to apply best practices and successful models to capture
the opportunity.
Optony Inc. Silicon Valley I Oakland I New York Page 1 6
OPTONY
OUR SERVICES
Not all projects are created equal. Our experience across all phases of clean energy projects provides significant
advantages by helping to avoid foreseeable issues and shorten time to completion. Optony provides a suite of
lifecycle services to help minimize project risk and deliver maximum returns in terms of payback and performance:
1. Clean Energy Strategy Planning & Implementation
We develop an integrated strategy to intelligently incorporate clean energy into your overall sustainability plans,
looking across all potential opportunities. Optony's Solar Roadmap® and Clean Energy Roadmap'"I platforms
provide a comprehensive approach to transforming local and regional markets through national benchmarking,
tailored implementation roadmaps and expert technical assistance. Tap into the network of over 200 participating
organizations that are making great progress in improving processes, decreasing costs and increasing deployment
of clean energy solutions.
2. Investment -Grade Feasibility Studies
Optony conducts independent, comprehensive assessments to determine the optimal clean energy potential for
your organization and portfolio of locations based on site-specific energy demand, utility rates, facility
characteristics, financing options, regulatory requirements and marketing needs.
3. Independent Engineering Reviews
Clean energy projects are subject to dynamic changes in pricing, incentives, technology, forecasts and industry
best practices, requiring an Independent Engineering Review to minimize risks and deliver maximum economic
returns to investors and owners. This service reduces discrepancies in proposed system designs, components, and
construction to improve lifetime performance.
4. Procurement Management
We take the lead in managing your RFP/RFQprocess from requirements gathering, solicitation writing, evaluation
criteria, and bid solicitation to vendor evaluations, interviews, and contract negotiations based on the latest
industry trends and best practices, tailored to your specific situation.
S. Project Commissioning
Our service improves project coordination, technology integration, installation, and compliance to best practices.
Leverage our expertise and professional resources with thorough on-site project inspection and performance
certification to lower operating costs and risks associated with design and implementation, yielding the best
return from your investment.
6. System Optimization
We provide retro -commissioning for in-service systems and analyze on-line system monitoring to determine
cleaning, repair, modification and replacement strategies needed to ensure optimal performance. We also provide
direct follow-ups with manufacturers, installers, utilities and financing companies in the event that actions are
required on their parts to improve system output.
7. Power Purchase Agreement Tracker
Optony's PPA Tracker® is the only comprehensive solution for buyers of Power Purchase Agreements to
understand actual performance relative to contracts and financial forecasts. This solution empowers buyers by
combining leading edge tools with deep expertise to un -wind Complex performance drivers, quantify their impact,
mitigate issues and refine forecasts.
Optony Inc. Silicon Valley I Oakland I New York Page 1 7
CPTONY INC.
PROFESSIONAL SERVICES RATE SCHEDULE
Optony Project Rate Schedule
For Time & Materials contracts, hourly rates are shown below by personnel category:
Position Hourly Rate*
Principal $ 325.00
Director $ 200.00
Senior Manager $ 185.00
Project Manager/ Analyst $ 165.00
Administrative / Associate $ 95.00
External Specialized Legal or Engineering Cost + 5%
* Effective Jan 2, 2019
* Hourly rates exclude reimbursable expenses
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Shawn Graf Extension: 5347
Contractor Name: Optony, Inc.
Contractor's Contact: Jonathan Whelan Contact's Email: jonathan.whelan@optonyusa.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
a. Email PINS Introductory Notice to Contractor
DATE
Check/Initial
❑
1
Project Manager
Click here to
enter a elate.
b. Email contract (in Word) and attachments to City
10/21/2019
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑X IK
2
City Attorney
a. Review, revise, and comment on draft agreement
10/29/2019
Nx LG
and return to Project Manager
10/29/2019
❑X LG
b. Confirm insurance requirements, create Job on
Department Director
PINS, send PINS insurance notice to contractor
_
11/15/2019
3
Approval of final agreement form to send to
❑x BG
contractor
Forward three (3) originals of final agreement to
4
Project Manager
12/5/2019
❑X IK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
PRINT
Date of City Council approval
enter a date.
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
12/23/2019
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City Attorney
Attorney with printed copy of this routing form
7
Review and approve hard copy of signed
agreement
/
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
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/
9
City Manager/ Mayor
Agreement executed by City Council authorized
official
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10
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager