HomeMy WebLinkAboutr10415cityofsloforauthorizingaservicesagreementwithpacificgas&electriccopursuanttocagovcodesec4217RESOLUTION NO .10415 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO FOR AUTHORIZING A
SERVICES AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPAN Y
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 421 7
WHEREAS,the City of San Luis Obispo desires to install energy efficient lighting ; and
WHEREAS,Section 901 of the City Charter is inapplicable to the Project, and thu s
Chapter 3 .24 of the San Luis Obispo Municipal Code governs the purchase of the Project ; and
WHEREAS,Section 3 .24 .060 .0 of the San Luis Obispo Municipal Code authorizes th e
City to purchase certain products and services without competitive bidding if such product o r
service or combination thereof can only be purchased from one provider ; and
WHEREAS,the Project as defined below relates to the purchase of electric power an d
energy and thus is exempt from competitive bidding under Section 907 of the City Charter ; and
WHEREAS,the State of California Government Code 4217 .12 authorizes local
municipalities to enter into energy services and financing agreements, outside of the adopte d
procurement process, that the governing body finds best serves the public agency ; and
WHEREAS,the City of San Luis Obispo desires to use the California Government Cod e
Section 4217 .12 as a basis to complete the conversion of the street lighting system to energ y
efficient lighting through services offered by its energy provider Pacific Gas and Electri c
Company (PG&E) ("Project"); and
WHEREAS,the City Council considered the contract with PG&E at a public hearin g
during a regularly scheduled meeting on December 4, 2012, public notice of which was given a t
least two weeks in advance .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo :
SECTION 1 .Findings :Based upon the energy savings projections for the project fro m
PG&E, based on anticipated billing rates, the City's staff report, and other evidence presented a t
the public hearing, the Council hereby finds :
The energy efficiency project subject to Government Code 4217 and provide benefits t o
the public .
The cost for the energy efficiency project to convert the street lights will be less than th e
anticipated marginal cost to the City for the energy that would have been consumed in th e
absence of the project .
R 10415
Resolution No . 10415 (2012 Series )
Page 2
The project is exempt from Article IX Section 901 of the City Charter and is allowed b y
Government Code 4217 and San Luis Obispo Municipal Code section 3 .24 .060 .0 as an energ y
efficiency project .
SECTION 2 . The City approves the PG&E agreement amendment substantially in the
form attached as Exhibit A .
SECTION 3 .The City Manager is authorized and empowered to execute in the name o f
the City, all necessary documents to implement and carry out the purpose of this resolution, an d
to undertake all actions necessary to undertake and complete the street light conversion, subjec t
to the City Attorney's approval as to the form of the agreement .
Upon motion of Council Member Carter, seconded by Vice Mayor Smith, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh, Carpenter and Carter, Vice Mayor Smith
and Mayor Mar x
NOES :
Non e
ABSENT : Non e
The foregoing resolution was adopted this 4 th day of December 2012 .
ATTEST :
M a
City Clerk
APPROVED AS TO FORM :
Pacific Gas an d
&Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal 1
PROPOSAL NUMBER 1
This Proposal is made and entered into as of , 20
by and betwee n
City of San Luis Obispo ("Customer") and Pacific Gas and Electric Company ("PG&E"). This
Proposal is subject to the terms and conditions of the PG&E Services Agreement betwee n
Customer and PG&E dated as of February 16, 2012 (the "Agreement").
DESCRIPTION OF SERVICE S
o Scope of Work : Replace 2263 HPSV lights with LED lights according to the map an d
LED spreadsheet (identifies each location) in the City of San Luis Obispo .
o Number any light poles that are not numbered using badge number stickers provided b y
PG&E .
o Change the rates to LED and provide documentation on the changes and cost for th e
street lights .
o Process the rebates and provide documentation on the changes and cost for the stree t
lights .
o Provide a revised GIS-based inventory .
Estimated minimum number of days to complete scope of work : 9 to 12 weeks from date o f
signature on Proposal .
Date work is estimated to begin : To Be Determine d
Customer sites where work is to be performed : See attached map for location .
Type and number of street light fixtures to be replaced : See attached spreadsheet for fixtures .
Locations may change if street lights are added to or deleted from the project during installation .
A final spreadsheet will be given to Customer upon completion of the wor k
If in the process of performing the Service, active bird nests, and/or bee hives, wasps ar e
discovered, PG&E will notify Customer of such condition and discontinue work on affecte d
equipment .
MATERIALS DISPOSA L
Customer will make space available at Customer-owned property for material storage an d
disposal during construction . PG&E will hold Customer harmless for damage to stored material s
while on Customer's property . Customer site where PG&E may store materials and wast e
disposal bins :
PG&E will store the materials at the following site :
Address : To Be Determined
Page 1 of 8
Pacific Gas an d
Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal I
PG&E's Contractor will keep the lights that have been replaced in a locked container until takin g
them to PG&E's yard . Contractor will separate the lamp from the fixture and put them in th e
appropriate bins . PG&E will label the bins and ship them to a registered disposal facility . PG&E
will store the materials at the following site :
TRAFFIC CONTROL PLA N
PG&E Contractor shall be required to comply with all applicable federal, state, and local laws ,
rules, regulations, permits, and codes including without limitation such laws, rules, regulations ,
permits, and codes with respect to safety and traffic control .
COST AND PAYMENT SCHEDUL E
The services under this Proposal will cost One Million, One Hundred Ten Thousand, Nine
Hundred Twenty Five dollars and no cents ($1,110,925).(Current estimate - to be adjuste d
after bids are received )
This price does El does not El subtract the value of the LED streetlight rebates from the cost t o
provide the Services .
Payment Schedule :
Initial Payment : Upon ordering of materials, Customer will be invoiced 50% of the total amoun t
of the contract.
Final Payment : Customer will be invoiced for final 50% payment upon completion of thi s
Proposal or when punch list items (if any) have been completed .
If Customer chooses to terminate this Proposal prior to completion of the Services, then Custome r
shall pay PG&E for all costs accrued up to the date of termination, including all materials
purchased .
PG&E will submit invoices to Customer based on the Payment Schedule . Each invoice wil l
reference the Agreement and this Proposal and be submitted to Customer's billing address as se t
forth below . Customer will remit payment to PG&E within 14 days after receipt of the invoice .
BUSINESS CONTACTS :
PG&E's primary business contact for this Proposal :
Name : Brent Patera
Title : Sales Manage r
Address : 245 Market Street, Mail Code N10 D
San Francisco, CA 9410 5
Telephone : 415-265-723 2
Email : BXPLapue .com
Page 2 of 8
Pacific Gas and
&Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal I
Customer's primary business contact for this Proposal :
Name : Barbara Lync h
Title : City Engineer
City of San Luis Obisp o
Address : 919 Palm StreetSan Luis Obispo, CA 9340 1
Telephone : (805) 781-719 1
Email :blynchia sloci .o r
CUSTOMER BILLING CONTACT :
Customer's billing contact for this Proposal :
Name : Barbara Lynch
Title : City Enginee r
City of San Luis Obisp o
Address : 919 Palm Stree t
San Luis Obispo, CA 9340 1
Telephone : (805) 781-719 1
Email : hlynchaslocity .ora
AMERICAN RECOVERY AND REINVESTMENT ACT DISCLOSUR E
PG&E and Customer acknowledge and agree that, to the extent the Services described in thi s
Proposal are, at any point in time, funded in whole or in part using federal funds awarded o r
granted directly or indirectly to Customer by or through the United States Department of Energ y
by virtue of appropriations under the American Recovery and Reinvestment Act of 2009, Pub . L .
111-5 (the "ARRA"), the special terms and conditions set forth in Section 11 .5 of the Agreement
will apply.
This Proposal is O is not 0 funded (in whole or in part) by federal funds appropriated under th e
ARRA .
IN WITNESS THEREOF, the parties agree to be bound by this Proposal as of the dat e
first set forth above .
CUSTOMER CITY OF SAN LUIS OBISPO
PACIFIC GAS AND ELECTRIC COMPAN Y
Print Name :Print
Roxanne Fong, Manage r
Name :
Signature :
Signature :
Date :
Date :
Page 3 of 8
Pacific Gas an d
Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal 1
MANUFACTURER'S WARRANTY INFORMATIO N
Street light manufacturer's contact information :
The street light manufacturer's contact information and warranty will be attached to eac h
Proposal .
Cree LED Lighting Fixture s
1200 92nd Street
Sturtevant, WI 53177-185 4
Phone : (800)236-680 0
Warranty period :
10 years .
Photo control warrantor's contact information :
Ripley Lighting Control s
2023 Platt Springs Roa d
P .O . Box 322 9
West Columbia, SC 2916 9
Phone : 803-939-4700
Fax :
803-939-477 7
Warranty period :
8 years .
Warranty is attached .
Page 4 of 8
Pacific Gas an d
Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal 1
Limited Service Warrant y
PG&E warrants that the Service will be performed in a commercially reasonable manne r
consistent with the level of care and skill exercised by others when performing services of a
similar nature under similar circumstances . Customer must notify PG&E of any defect i n
workmanship within one (1) year of completion of installation of all streetlight fixture s
("Installation"). If Customer notifies PG&E within one year of installation of a potential defec t
in workmanship, and PG&E confirms the defect, PG&E will either re-perform the Service at n o
additional charge to Customer, or, if PG&E so elects, refund the applicable fees paid to PG&E b y
Customer for the Service . This warranty extends to Customer only and cannot be assigned b y
Customer . This warranty is in lieu of all other warranties . All other warranties are expressl y
disclaimed.
Limited Material Warrant y
The manufacturer of the material to be installed will provide a warranty which is attached .
PG&E will provide to the Customer all documentation covering the warranty including contac t
information for the manufacturer or manufacturer's warranty agent . During the first year
following completion of Installation, Customer may contact PG&E (as part of the Limite d
Service Warranty) to request that PG&E remove the defective light and reinstall the repaired ligh t
or an equivalent replacement light . For those years following the Limited Service Warrant y
period but still within the Limited Material Warranty period, Customer must contact th e
manufacturer to make a warranty claim . Customer is responsible for removal of the equipment ,
arranging and paying for shipping and insurance for the equipment to and from th e
manufacturer's designated facility (and for all risk of loss to the equipment while in transit), an d
installation of the equipment upon return, unless otherwise instructed in the manufacturer's
designated warranty . This warranty extends to Customer only and cannot be assigned b y
Customer . This warranty is in lieu of all other warranties relating to installed materials . AL L
OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED) RELATING TO INSTALLE D
MATERIAL ARE HEREBY EXPRESSLY DISCLAIMED .
Disclaimer s
Except for warranties expressly set forth in this Agreement, PG&E HEREBY EXPRESSL Y
DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED O R
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDIN G
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY ,
INTEROPERABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) RELATING T O
THE SERVICE . Customer acknowledges and agrees that the specific remedies described in thi s
Agreement respectively shall be Customer's sole and exclusive remedies for any and all warranty
claims arising under or pertaining to this Agreement .
Page 5 of 8
Pacific Gas and
&Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal I
LIMITED WARRANTY FOR CREE l LED LIGHTING FIXTURE S
(INCLUDING BETALED® TECHNOLOGY ; TRUEWHITE® TECHNOLOGY; AND
ESSENTIA® FIXTURES )
This limited warranty is provided by the Cree company described below ("Seller") to you as th e
original purchaser of the LED lighting product that is identified on Seller's invoice reflecting it s
original purchase (the "Product"). The Seller is the Cree company identified as such on th e
invoice . This limited warranty may be transferred to subsequent purchasers of the Product ,
provided that such Product is resold in new condition and in its original packaging . Selle r
warrants that the Product, when delivered in new condition and in its original packaging, will b e
free of defects in material and workmanship for a period of TEN (10) YEARS from the date o f
original purchase . The determination of whether the Product is defective shall be made by Selle r
in its sole discretion with consideration given to the overall performance of the Product .A
Product shall not be considered defective solely as a result of the failure of individual LE D
components to emit light if the number of inoperable components is less than 10% of the tota l
number of LED components in the Product .
If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund yo u
the purchase price of the Product, repair the Product or replace the Product . This limited warrant y
will not apply to loss or damage to the Product caused by : negligence; abuse ; misuse ;
mishandling ; improper installation, storage or maintenance ; damage due to fire or acts of God ;
vandalism ; civil disturbances ; power surges ; improper power supply ; electrical current
fluctuations ; corrosive environment installations ; induced vibration; harmonic oscillation or
resonance associated with movement of air currents around the Product ; alteration; accident ;
failure to follow installation, operating, maintenance or environmental instructions prescribed b y
Seller or applicable electrical codes ; or improper service of the Product performed by someon e
other than Seller or its authorized service provider . This limited warranty excludes field labor an d
service charges related to the repair or replacement of the Product . THIS LIMITED
WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR
WHICH IT IS DESIGNED .
Seller reserves the right to utilize new, reconditioned, refurbished, repaired or remanufacture d
products or parts in the warranty repair or replacement process . Such products and parts will b e
comparable in function and performance to an original product or part, as determined by Seller i n
its sole discretion, and warranted for the remainder of the original warranty period .
In order to make a warranty claim, you must notify Seller in writing within sixty (60) days afte r
your discovery of the defect, provide proof of purchase such as the invoice and comply wit h
Seller's other warranty requirements . Upon receiving that notice, Seller may require you t o
promptly return the Product to Seller, or its authorized service provider, freight prepaid . Your
warranty claim should be addressed to Cree c/o Ruud Lighting, Inc ., 9201 Washington Avenue ,
Racine, WI 53406 .
This limited warranty only applies to specified LED fixtures . Any warranties applicable to finish ,
poles, lamps, CR Series downlights, LR24TM troffers, certain BetaLED® Technology outdoo r
fixtures (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupanc y
sensors, photocells and other fixture accessories can be found a t
www .cree .com/lighting/products/warranty .
Page 6 of 8
Pacific Gas and
Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal 1
THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AN D
ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRES S
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINS T
INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY O R
FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY ,
CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES . SELLER'S
AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL IN AN Y
EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIV E
PRODUCT .
This warranty is effective for purchases of Product on or after the effective date set forth below .
Seller reserves the right to modify this warranty from time to time . Any modification of thi s
warranty shall be effective for all orders placed with Seller on or after the effective date of suc h
revised warranty .
Page 7 of 8
Pacific Gas and
&Electric Company
EXHIBIT A
Services Agreement San Luis Obisp o
SLT Proposal I
RI P L Y o SCONR
DIVISION OF SOUTHCONN TECHNOLOGIES IN C
2023 Platt Springs Road
P .O . Box 3229
West Columbia, SC 2916 9
Phone: 803-939-470 0
Fax :803-939-4777
WARRANT Y
The 6300 Series carries an 8-year warranty .If the product fails due to manufacturin g
defect within its warranted period, Ripley Lighting Controls will choose to eithe r
replace or repair the lighting control unit . This warranty does not cover damag e
caused by accident, abuse, misuse or lightning strikes . Ripley's liability hereunder shal l
be limited to replacement or repair and shall not cover the cost of removal o r
installation of the unit, nor any consequential damages . Ripley Lighting Control s
assumes no further liability with respect to the sale or use of this product . Thi s
warranty is in lieu of other warranties, expressed or implied, including the warranty o f
merchantability . Ripley Lighting Controls makes no warranty with respect to th e
suitability of the user's particular application . This warranty gives the user specifi c
legal rights .
Page 8 of 8