HomeMy WebLinkAboutNoll & Tam Architects (3)AGREEMENT
THIS AGREEMENT is made and entered into on the 20th day of May, 2021 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Noll
& Tam Architects (hereinafter referred to as "CONTRACTOR"). In consideration of their
mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Provide the Town support in the design, documentation,
permit & bid support, and construction administration services
on the Town's CIP to install a new electrical energy storage
system.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated May 3, 2021
3. TERMS. The services and/or materials furnished under this Agreement shall
commence May 20, 2021 and shall be completed by May 20, 2023, unless terminated
pursuant to Section 5(f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed forty eight thousand
nine hundred dollars and zero cents ($48,900.00) within thirty (30) days following
receipt of invoice and completion/delivery of services/goods as detailed in Sections
1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of
goods/services in a manner consistent with professional/industry standards for the
area in which CONTRACTOR operates. TOWN is not responsible for paying for
any work done by CONTRACTOR or any subcontractor above and beyond the not
to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver
any services/goods. Town shall not be responsible for any interest or late charges
on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete
goods/services.
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/23/10
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold
harmless the TOWN, its officers, agents and employees from any and all demands,
claims or liability of personal injury (including death) and property damage of any
nature, caused by or arising out of the performance of CONTRACTOR under this
Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR
agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and
employees from any and all demands, claims or liability of any nature to the extent
caused by the negligent performance of CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance
before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form, personal
injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written notice
of cancellation. Additionally, the notice statement on the certificate
should not include the wording "endeavor to" or "but failure to mail such
notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services,
evidence of insurance coverage must be shown by a properly executed
certificate of insurance and it shall name "The Town of Los Altos Hills,
its elective and appointed officers, employees, and volunteers" as
additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23/10
c. NON-DISCRIMINATION. No discrimination shall be made in the employment of
persons under this Agreement because of the race, color, national origin, age,
ancestry, religion or sex of such person.
d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement
is not a contract of employment and does not create an employer-employee
relationship between the TOWN and CONTRACTOR. At all times
CONTRACTOR shall be an independent contractor and CONTRACTOR is not
authorized to bind the TOWN to any contracts or other obligations without the
express written consent of the TOWN. In executing this Agreement,
CONTRACTOR certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or transferred without advance
written consent of the TOWN. No changes or variations of any kind are authorized
without the written consent of the City Manager. This Agreement may only be
amended by a written instrument signed by both parties.
f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7)
days written notice to CONTRACTOR. Monies owed for work satisfactorily
completed shall be paid to CONTRACTOR within 14 days of termination.
g. RECORDS. All reports, data, maps, models, charts, studies, surveys,
calculations, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that are
prepared or obtained pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the TOWN. CONTRACTOR hereby
agrees to deliver those documents to the TOWN at any time upon demand of the
TOWN. It is understood and agreed that the documents and other materials,
including but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for the TOWN and are not necessarily
suitable for any future or other use. Failure by CONTRACTOR to deliver these
documents to the TOWN within a reasonable time period or as specified by the
TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR
agree that until final approval by TOWN, all data, plans, specifications, reports and
other documents are preliminary drafts not kept by the TOWN in the ordinary
course of business and will not be disclosed to third parties without prior written
consent of both parties. All work products submitted to the TOWN pursuant to this
Agreement shall be deemed a "work for hire." Upon submission of any work for
hire pursuant to this Agreement, and acceptance by the TOWN as complete, non-
exclusive title to copyright of said work for hire shall transfer to the TOWN. The
compensation recited in Section 4 shall be deemed to be sufficient consideration
for said transfer of copyright. CONTRACTOR retains the right to use any project
records, documents and materials for marketing of their professional services.
Town of Los Altos Hills Page 3 of 4
Short farm
Updated 4/23/10
h. ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the Parties. Any ambiguities or disputed terms between this Agreement
and any attached Exhibits shall be interpreted according to the language in this
Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In
witness whereof, the parties have executed this Agreement the day and year first written
above.
CONTRACT COORDINATOR and
representative for TOWN:
Cody Einfalt
Management Analyst
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4/23/10
CONTRACTOR:
By: Atka 09/22/2021
Signature Date
Janet Tam, Principal
Print name, Title
TOWN OF LOS ALTOS HILLS:
B
Carl Cahill, City Manager D to
Page 4 of 4
Town of Los Altos Hills
May 3, 2021
Zach Dahl
Planning and Building Director
Town of Los Altos Hills
26379 Fremont Rd
Los Altos Hills, CA 94022
Re: Power Resiliency Project
Dear Mr. Dahl,
NOLL
", TA M
ARCHITECTS
Thank you for the opportunity to submit a Proposal for our services on this Project. We understand that the Town
of Los Altos Hills has recently been allocated funding to increase the electrical power resiliency at the Town Hall
Site through a 2020 CalEOS Grant. The Project is to include Design, Documentation, Permit & Bid Support, and
Construction Administration Services on the Town's Project to install a new electrical Energy Storage System (ESS).
The scope of work is to include upgrades to the main electric point of connection for current and future loading.
The site's existing PV and emergency backup generator are both intended to remain and are to be integrated into
the new system. The Project shall be publicly bid and follow grant requirements per Town's direction.
A. Budget
1. Project Budget is understood to be $500,000.
a. CalOES Grant: $250,000
b. City Council Matching Funds: $200,000
c. Silicon Valley Clean Energy: $50,000
B. Schedule:
We understand that the project schedule is largely based on the requirements for meeting the CalOES
grant. We assume the Project to begin the Monday following the May 20th, 2021 Council Meeting.
(5/24/21). Our assumptions are that the design phase of the project will extend no more than three
months, with Construction Administration to begin per Town's Project schedule, duration TBD.
Construction Administration meetings limited per section C. Scope of Work below.
729 Heinz Avenue #7 1 Berkeley CA 94710 1 510-542-2200 1 www.nollandtam.com Page 1 of 3
C. Scope of Work
1. See Electrical Scope of Work, described in attached letter.
2. Design and Documentation Phase
a. Assistance with development of Division 1 Specifications, based on Division 1 of Town Hall
Development Phase 1 project.
b. Architectural Drawings and Specifications in support of the ESS scope of work.
1. At the start of the project, up to (2) ESS enclosure options may be considered.
2. Drawings and specs include site plan locating slab, enclosure location, enclosure
fencing and gate, and related enclosure details. Assumes no enclosure roofing or
waterproofing are required.
3. Documents to address patching and repairing of existing structures and site
elements at point where new systems and elements interface with existing work.
4. Technical specs as required.
5. Coordination with Town's consultants (Civil, Cost Estimating, Energy Consultant)
c. Assumes 1 site visit and up to 3 virtual meetings during Design & Documentation
3. Plan Check/ Permitting
a. Building permit submittal and electrical portion of PG&E application are included. Overall
PG&E utility application and any solar interconnection agreements will be managed by the
Town.
4. Bidding
a. Assistance with bidding
b. Respond to Bidder Questions and prepare addenda to the Bid Package as required.
c. Assumes 1 meeting during Bid/Award phase
5. Construction Administration
a. Review Contractor Submittals & RFIs
b. Assumes 1 site visit and up to 3 virtual meetings during Construction Administration
D. Assumptions and Owner / Client Documentation:
1. Town to engage the services of an Energy Consultant to determine usage and sizing of Energy Storage System.
2. Town to engage services of Civil Engineer to provide documentation for changes to Site and Utilities, as required.
3. If required, Town to engage services of Cost Estimator to provide Probable Cost Estimate for project scope.
4. Town has already provided a Site Survey (received 10/26/2020)
5. Town to provide copy of Division 1 specifications used on Town Hall Phase 1 project
E. Exclusions:
1. Construction Management services
2. Cost Estimating services (by Town's consultant mack5, as required)
3. Systems Commissioning
4. PV Design, Layout, or Calculations
5. LEED Documentation
6. Renderings
7. Landscape Design or Documentation
8. Topographic surveys
Noll & Tam Architects I May 3, 2020 1 Town of Los Altos Hills I Power Resiliency Project Page 2 of 3
Fees:
Our proposed fee for this scope of Work is $53,500. This is to be billed monthly on a % complete basis, per
hours accrued. Fees shall not exceed the stated value without the Town's prior written approval.
Subtotal Basic Services
$40,200 $2,700 $10,600
TOTALS
$23,250
$550
$27,500
$2,200
$53,500
Reimbursable Expense Allowance $0 $0 $0 I $0
$53,500
Sincerely,
Janet Tam date
Principal 5/3/2021
Noll & Tam Architects
Approved:
Zach Dahl
Planning and Building Director
Town of Los Altos Hills
date
Noll & Tam Architects I May 3, 2020 1 Town of Los Altos Hills I Power Resiliency Project Page 3 of 3
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,Basic Service
Consultant
Architectural Services
Noll & Tam Architects
$17,100
$1,050
$5,100
Structural Engineering
Allowance
$550
$0
$0
Electrical Engineering
O'Mahony & Myer
$20,350
$1,650
$5,500
Specifications
Allowance
$2,200
$0
$0
Subtotal Basic Services
$40,200 $2,700 $10,600
TOTALS
$23,250
$550
$27,500
$2,200
$53,500
Reimbursable Expense Allowance $0 $0 $0 I $0
$53,500
Sincerely,
Janet Tam date
Principal 5/3/2021
Noll & Tam Architects
Approved:
Zach Dahl
Planning and Building Director
Town of Los Altos Hills
date
Noll & Tam Architects I May 3, 2020 1 Town of Los Altos Hills I Power Resiliency Project Page 3 of 3
O MAHONY & MY ER
HLGCTRIC:AI EN61NFE.RING & LIGHTING DV SIGN
San Rafael, California
April 13, 2021
Pacific Harbour, Fiji
Noll & Tam Architects
Brian O'Mahony
729 Heinz Ave.
]an R layer
Berkeley, CA 94710
Paul Carey
Pieter Colenbrander
Galway O'Mahony
Attn: Dora Pollak
David Ordlsh
Re: Battery Back-up Microgrid Power System Electrical Design
Los Altos Hills Town Hall
Dear Dora,
Based on the Back -Up Power Grant that the Town of Los Altos Hills has been approved
for, we offer the following proposal for the electrical engineering portion of the project:
Basic Proiect Assumptions:
1. The Town has received grant funding to install a resilient power back-up
system for the Town Hall. The building currently includes a back-up power
generator and solar photovoltaic (PV) system interconnection. The generator
currently only provides back-up power to one branch panelboard and the solar
photovoltaic system does not include energy storage, therefore providing no
back-up capacity.
2. The intent of the grant funded project is to design and install a microgrid
battery energy storage system (ESS) and upgrade the main electric service to
the Town Hall to support the ESS and some future facility expansion.
3. O'Mahony & Myer (OMM) will design the electric service upgrade and ESS /
PV / Generator interface. The intent is for the existing PV and generator are
both to remain.
4. The plans we create will be suitable for bidding, permitting, and construction
by local contractors.
5. We assume that the Architect or Town will handle all project management
functions and will submit the plans for permit, if this is not done by the
selected Contractor. OMM only provides electrical consulting and design
services.
6. We assume that the Town will also consult with a 3rd party energy consultant to
evaluate the facility historic and projected energy usage, to provide battery
system sizing criteria and equipment recommendations, to provide all related
financial, energy, and utility interconnection agreement impacts, and to ensure
that the proposed work meets relevant Grant requirements and milestone dates.
OMM will use this information to design the facility electrical system interface
and all related connections.
4340 Redwood Hwy., Suite 245 San Rafael, Califiirnia 94903 Phone 415-492.0420 Fax 415.479-9662 www.ommco[iuItiiig.com
April 13, 2021 Town of Los Altos Hills Battery Back -Up Power System Electrical Design
Dora Pol lak
Page 2 of 4
7. We assume that any cost estimates will be prepared by others. We will review portions
applicable to our scope of work accordingly and provide comments.
8. OMM will be provided with suitable CAD base files (site and building), for our use in
preparing the electrical plans.
9. We will utilize the latest version of Autocad for preparation of our plans and will provide .dwg
and/or .pdf files upon request.
10. Reimbursables, if any (printing, plotting, delivery charges, etc) will be billed at cost, over and
above the listed fees. Based on normal electronic delivery methods, we do not expect any
specific reimbursables, but retain the right to charge these expenses if and as they occur.
Proposed Scope of Work:
1. Our scope of work will include site visits to review the existing site utility connections.
2. We will include meetings with the Town and Energy Consultant to review and coordinate the
design and requirements.
3. Includes standard Division 26 specifications in standard CSI format in Word or PDF files, to
establish the minimum electrical materials and methods to be used.
4. Includes review of Permit comments, with responses and updated plans and specifications to
address all comments.
5. We assume that a structural engineer (if required) will help provide all required structural
mounting details and structural related information that is beyond the expertise of O'Mahony &
Myer (as electrical engineers). We will provide all required information such as equipment
weights, sizes, and other features, to aid a structural engineer in providing the appropriate
structural information, if and where required.
6. Includes Bid phase services to include responding to Contractor questions and attendance at
pre-bid site meeting at the site.
7. Includes standard Construction phase services (submittal reviews, RFI's, and (2) site visits with
punch lists during construction).
Services EXCLUDED from the scope of this proposal:
The following design services are excluded from our scope of work:
1. Design or documentation work in other parts of the site (not within the scope of this project),
except as related to the electric service and distribution system interconnections.
2. Energy modeling or studies.
3. Energy consulting, as outlined in assumption item 6 above.
4. System commissioning or preparation of electrical commissioning specifications.
5. Project management services.
6. Permit submission services.
7. Structural engineering services.
8. Cost estimating services.
Additional Services:
Additional services beyond the scope of our basic services listed above, (if required or requested), may
include the following:
1. Additional documentation required for phasing of the project.
2. Design and documentation of Additive and Deductive Alternate Schemes.
3. Changes or revisions required as a result of change in the established Basic Design Services or
April 13, 2021 Town of Los Altos Hills Battery Back -Up Power System Electrical Design
Dora Pollak
Page 3 of 4
in previously approved documents.
4. Redesign due to change of the design concept or in previously issued plans/drawings.
Other Terms and Conditions:
O'Mahony & Myer excludes responsibility for discovery of any hidden conditions in the areas
of work that would not otherwise be visible upon visual inspection of the areas involved. This
includes spaces that may not be accessible during our site reviews, due to locked doors and
equipment, or other non -accessible or underground conditions, and includes the interior of
electrical panels or equipment / devices and wiring. O'Mahony & Myer is not an electrical
contractor and cannot open electrical equipment for inspection.
Proposed Fixed Fees:
We propose to provide the above listed Electrical Engineering Services for the following fixed fees by
phase:
Construction Documents Phase: $ 18,500
Bidding Phase: $ 1,500
Construction Administration Phase: $ 5,000
Total Electrical Fee: $ 25,000
Billing Rates and Conditions:
Basic Services will be billed on a percentage -of -completion basis, per phase. Additional Services, if
requested or required, will be billed on an hourly basis at the following rates:
Principal
$ 210/hr.
Project Electrical Engineer
$ 140/hr.
CAD Supervisor
$ 105/hr.
CAD Technician
$ 95/hr.
Administrative
$ 75/hr.
Out of pocket expenses, such as printing, plotting will be billed at cost, if incurred. Normal billing will be
submitted on a monthly basis on a percentage of completion basis, due and payable 30 days after the date
of invoice.
- This Space Intentionally Left Blank -
April 13, 2021 Town of Los Altos Hills Battery Back -Up Power System Electrical Design
Dora Pollak
Page 4 of 4
Dora, thank you again for the opportunity to submit this proposal. We look forward to working with you
on this unique project. If you have any questions or comments, please do not hesitate to call.
If you agree with the above proposal and fixed fees by phase, please indicate so by signing below and
return a copy to us as our authorization to proceed.
Sincerely,
71�
Pieter Colenbrander, P.E.
CA Lic E14738
O'Mahony & Myer
Accepted by:
Signed
For
Print Name
Date