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2015/03/10 City Council Resolution 2015-040RESOLUTION OF 1 OF ROHNERT '`A' AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY 0 ROHNERT PARK AND PACIFIC GAS AND ELECTRIC COMPANY 1, PURCHA 1 INSTALL 836 LIGHT EMITTING DIODE 1' PURPOSES REPLACEMENT WHEREAS, the City spends owns and maintains 2,941 high pressure sodium (HPS) streetlights; and WHEREAS, HPS streetlights have high operation and maintenance costs and are not energy efficient; and WHEREAS, LED lighting consumes 35% . energy than HPS lighting, reduces pollution !' last much longer ' bulbs; and WHEREAS, the City adopted a new LED street light standard for new and replacement streetlights in January 2014; and WHEREAS, Staff is proposing to convert 836 existing City-owned streetlights from HPS LED through an agreement with PG&E; and WHEREAS, 836 streetlights targeted 1 replacement are # . '! along following Park Expressway, Commerce Boulevard, State Farm Drive, Snyder Lane, Redwood Drive, Business Park Drive, Labath Avenue, Golf Course Drive, Southwest Boulevard, Camino Colegio Drive and East Cotati Boulevard. WHEREAS, PG&E has a Turnkey Program that utilizes their Energy Efficiency Retrofit Loan Program, called On -Bill Financing (OF), where PG &E will finance the project at 0% interest, and the City will pay the loan through the realized savings on the monthly utility bills; and WHEREAS, participation in the Turnkey Program requires the City to execute an agreement with PG&E and complete paperwork for billing and rebates; and WHEREAS, California Government Code Sections 4217.10 - 4217.18 allow the City to pursue an alternative procurement processes for "energy services contracts" and "energy financing contracts" if it finds it best serves the City interest; of Rohnert Park, a municipal corporation, to purchase and install 836 LED streetlights. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto and incorporated by this reference as Exhibit "A," subject to minor modifications by the City Manager or City Attorney ( "Agreement "). BE IT FURTHER RESOLVED that the City Council hereby finds based upon evidence in the record that the Agreement is a qualified energy financing contract and that entering into the Agreement is in the best interest of the City, that public notice was properly given, and that funds for the repayment are projected to be available from revenues available from funding that would otherwise have been used for purchase of electrical energy. DULY AND REGULARLY ADOPTED this 10th day of March, 2015. yp 1„ a, r ATTEST: Al. wvnc Buergler, 0 "l,y (lei-6 Attachment: Exhibit A CITY OF ROHNERT PARK 1 Amy O. Ahanotu, Mayor CALLINAN: AN/6 MACKENZIE: AYE STAFFORD: Nyr BELFORTE: P,1C AIIANOTU: AYES: ( S ) NOES: ( o ) ABSENT: ( O ) ABSTAIN: ( O ) 2015 -040 FbRitruffal"L WO%k WIDER 10; Va 1 l* (P. 0—M f Q \$ mf , 01 0 0742 City of Rohnert Park This WORK ORDER ("Work Order"), effective as of , . . . . . . ....... . . . . . . . ......................................................... 11 20 ("Work Order Effective Date") is made and entered into by and between City of Rohnert Park ("Customer") and Pacific Gas and Electric Company ("PG&E"). This Work Order is subject to the terms and .» »4 <•w< PG&E Services Agreement between Customer and PG&E entered into on or about February 24, 2014 ("Services Agreement"). In accordance with the provision of the Services Agreement, the Customer wishes to engage PG&E and I I E If r-S to) I naw I I [.!I ygol r-141 I N 10 0 0 R L4101 9 M 1■-1 Z "AL11 a, k1l qzwlzwwow Subcontractors are described in the Scope of IT ork (Exhibit A), which is attached hereto and incorporated by reference herein. 1.2 PG&E EXPRESSLY RESERVES ALL ITS RIGHTS, INCLUDING \ BUT NOT LIMITED TO THE FOLLOWING: THE RIGHT TO UTILIZE OTHERS TO PERFORM THE SERVICES OF THE TYPE CONTEMPLATED BY THIS WORK ORDER; THE RIGHT TO REQUEST WORK ORDERS FROM OTHERS FOR THE SERVICES OF THE TYPE CONTEMPLATED BY THIS WORK ORD AND THE UNRESTRICTED RIGHT BY PG&E TO BID OR PERFORM ANY SUCH SERVICES 0 WORK. I • Summary report listing street lights fix© ®, ©z» replaced, energy savings and project co • Revised GIS-based inventory of the affected streetlights I • Copies of third party warranties for the new streetlights and photo controls I Page I of 11 .. . ......... . initials 2JEIZ��M 01 � � � Agreement No: SST-LED-RP-00 I City of Rohnert Park . Certified payrolls for subcontractors performing the streetlight fixture replacements 4. PERFORMANCE OF SERVICES PG&E shall have no obligations to perform any Services under this Work Order unless and until both Parties have signed this Work Order. The issuance of this Work Order does not commit PG&E to perform any future work for Customer. Upon receipt of the Work Order, Customer shall review the Work Order and verify that the terms of thr. Work Order are acceptable to Customer. Customer's execution of this Work Order shall indicate its acceptance of the terms and conditions set forth herein. Z�Mo[sj D1 W1 FROM i. I Upon completion of the Services, Customer will inspect all of the streetlights that have been replaced and confirm that each streetlight has been installed per the Specifications in the Scope of Work (Exhibit A). Upon PG&E's notice that the Project has been completed, Customer will have fifteen (15) business days from the date of PG&E's notice that the streetlights have been installed per the Page 2ofY1 _____initials 7.2 The PG&E invoice will reference this Work Order and be submitted to Customer's billing address. If Customer is unable to qualify for a loan under the OBF Program or the OBF Agreement is terminated by PG&E for any reason, Customer agrees, acknowledges and warrants that it shall pay for the Services performed under this Work Order within thirty (30) days from the invoice date. Each paymen) made by Customer must reference this Work Order and invoice number and be mailed to: = MW � I I P.O. Box 770000, Mail code: NIOD San Francisco, CA 94177 V I W to In 0 us] 0 Roth Parties shall contact and/or deliver written notices (email is allowed) to the business contacts below in the normal course of business, and in the event of any problems which may significantly affect the performance of the Services under this Work Order CUSTOMER PACIFIC GAS AND ELECTRIC COMPANY Name Terrie Zwillinger Title Project Coordinator Public Works Address 600 Enterprise Drive . ......... Rohnert Park, CA 94928 Telephone —�7-07) 588-3331 Email Name Brent Patera Title e ��r Bus i nes s Development Manager Address 245 Market Street San Francisco, CA 94105 .... . . . . ................ Telephone (415) 265-7232 Email bxvl(a-)Pae.com Page 3 of 11 initials P0 E 0�111 10 111010 10 11 M MAN I E-439 9.1 As stated in Section 9 Indemnification of the PG&E Services Agreement between Customer and PG&E entered into on or about February 24, 2014. 10.1 Ownership and title to any Deliverable produced by or on behalf of PG&E pursuant to this Work Order will be transferred to the Customer upon Customer's payment for the particular Deliverable and no further agreement will be necessary to transfer ownership to the Customer. PG&E shall furnish the Customer all necessary copies of data used to prepare the Deliverable which are needed by Customer to complete its review and approval process. 10.2 PG&E shall not be liable for any claims, liabilities, or losses arising out of, resulting from or in any way connected with Customer's use by the Customer of the Deliverables, project documentation on other projects, except such use as may be authorized in writing by PG&E. 11. 1 In accordance with Section 7.3 of the Services Agreement, PG&E will, within thirty (30) days from its receipt of the final payment for the Services, assign to Customer the warranties for the "Mirg R"M nt", Purchased bVA or on behalf of PG&E and installed as part of the Services under this Work Order. A copy of these third party warranties is set forth in Exhibit B. Page 4uf1i -_____ _____initiels City of Rohnert Park ................. [FAMENRY811relitm 11111�1 1 11111! 1�1 � I ��� I p I I �� �� I! 1� I � I � 1 111111111111 11 appil-wTals 11ciculr@-el' lld�i all't �illdll IJUTC all le'I'Llsar, pliviTcl allit lcgdl dALll1VllLj--t* behalf he/she is signing to that Party's obligations hereunder. IN WITNESS THEREOF, the parties agree to be bound by this Work Order as of the date first set forth above. CUSTOMER PACIFIC GAS AND ELECTRIC COMPANY Signature: Signature: Print Name: Print Name: Roxanne Fong .................. Title: Title: Manager, Business Development Date: Date: Page 5 of 11 initials PG&E will replace the existing lighting fixtures and connect the existing wiring to the new LED fixture on a 120-277 volt service. This replacement will include the installation of a new photo cell or shorting cap and testing said lighting fixtures so as to ensure it/they is/are operational. Please be advised that the replacement ♦ fuses and/or troubleshooting "no power" situations are outside of the scope of the Services performed by PG&E and shall not be part of this Work Order. However, PG&E will promptly inform Customer if a fuse needs to be replaced or if there is a "no power" situation. -M ' Note: The locations of the replaced streetlights 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 Services. Page 6 of 11 initials Pacific Gas and Agreement No: SST-LED-RP-00 I A Company City of Rohnert Park PG&E if they have service needs outside of these voltage parameters so the proper Equipment can be ordered, otherwise, it shall be the Customer's responsibility to pay for any lighting fixtures that were ordered or damaged during installation. 2. Additional Work 111 ?PM O M -VITAR �.07M77, V periodically for actual time and materials to perform such work. a �Iy III I � InI, =lMl I un, M==r-MMM1=4FM Tisplosai Ming conSU-111 Customer's property. 3.3 PG&E's Contractor will keep the lights that have been replaced in a locked container until taking them to PG&E's yard. Contractor will separate the lamp from the fixture and put them in the appropriate bins. PG&E will label the bins and ship them to a registered disposal facility. • 51 • Page 7 of 11 initials 0 PO, E M-1 _M4,1110111 11:11111311MAWAIMME I! - (a) Cree LED Lighting Fixtures 1200 92nd Street Sturtevant, WI 53177-185-� Phone: (800)236-6800 (b) The warranty period for the Cree LED Lighting Fixtures is 10 years. A copy of that warranty is set forth in Schedule I to this Exhibit B. 0-023 Platt Springs Road 1".0. Box 3229 VLP-q-CaUmibia�? 9 r1hone: 803-939-4700 Fax: 803-939-4777 (b) The warranty period for the Ripley lighting controls is 8 years. A copy of that warranty is set forth in Schedule 2 to this Exhibit B. Page 8 of 11 initials Page 9 of 11 initials City of Rohnert Park IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A I WOM0 I I My V11 Page 10 of 11 initials RIP'P L E Y LIGHTING CONTROLS 1111 1111 Blom 2023 Platt Springs Road P.O. Box 3229 Phone: 803-939-4700 FzY.: 803-939-4777 City of Rohnert Park Page 11of11 _---__- _____initials