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HomeMy WebLinkAbout8.5 Streetlight Demo~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: SUBJECT: STAFF REPORT CITY CLERK File #820-30 December 6, 2011 Honorable Mayor and City Councilmembers Joni Pattillo, City Manager ° ~'" r ~~ Authorization to Conduct a Streetlight Demonstration Project Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider partnering with Chevron Energy Solutions to conduct a demonstration and test of a new LED streetlight technology within the City of Dublin. FINANCIAL IMPACT: There is no cost to the City to participate in the demonstration project with the exception of minimal staff time to coordinate activities. RECOMMENDATION: Staff recommends that the City Council approve participation in the project and direct the City Manager to sign the amendment to the agreement with Chevron Energy Solutions. ~, ~~ .m_... o ,.,~ ..... Submitted By" Reviewed By Assistant to the City Manager Assistant City Manager DESCRIPTION: On May 3, 2011, the City Council authorized the City Manager to enter into an agreement with Chevron Energy Solutions to conduct a comprehensive energy audit of all the City's facilities. During the past several months, Staff and Chevron have worked diligently to complete this project and the results are tentatively scheduled to be presented to the City Council on December 20, 2011. During the course of the energy audit, Staff was approached by Chevron with an opportunity to continue the partnership by conducting a test and demonstration of a new and exciting LED (light-emitting diode) technology that Chevron and its partner, Bridgelux, were preparing to test before bringing it to the market. The new technology has a much less expensive retrofit requirement than current LED streetlight found on the market, making them much more affordable. Generally speaking, LED streetlights require less energy, have a significantly longer useful life, and cast a more natural light than traditional streetlights. Page 1 of 2 ITEM NO. 8.5 The amendment to the Consultant Services Agreement with Chevron Energy Solutions to conduct the demonstration project (Attachment 1) calls for Chevron and Bridgelux to replace 22 streetlights within the City of Dublin with the new LED streetlights. The selected streetlights that would be replaced are Arnold Drive south of Martinelli Way (12 lights) and Golden Gate Drive south of Dublin Blvd (10 lights). The streetlights will be installed at no cost to the City and, at the completion of the project, Chevron will share the project findings with the City. In addition, the City will have the choice of keeping the new streetlights or have the consultants reinstall the old streetlights at no cost to the City. Any problems with the lights will be managed by the consultants. If this agreement is approved, Chevron plans to install the lights by December 19, 2011. The demonstration project will last approximately two months. Staff believes that participation in the project would have certain benefits for the City. In particular, the City would be able to continue to show its commitment to sustainability by promoting the development of an environmentally friendly technology. The project would also introduce the community to a more sustainable streetlight technology. Finally, the City would be able to keep this valuable technology free of charge. As such, Staff would recommend the City Council approve participation in the demonstration project. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Amendment No.1 to the Consultant Services Agreement with Chevron Energy Solutions. Page 2 of 2 DEMONSTRATION PRODUCTS AMENDMEfVT Amendment No. ~, To Contract No. CU 1205 Consulting Services Agreement ("Agreement") dated May 3, 2011 between Chevron Energy Solutions Company, a division of Chevron ES U.S.A. Inc. ("Chevron ES"),and The City of Dublin ("Customer') Under the Agreement, Chevron E5 is providing Customer with recommendations for commercially marketed energy efficiency and energy technology products at various of Customer's premises. Chevron ES also has access to products that are not generally marketed on a commercial basis, including the items described in Exhibit A to this Amendment (the "Demonstration Products"). The Demonstration Products currently are in a development phase, meaning that they are not generally being sold to the public and that they are being evaluated in the facilities of the manufacturer and others (sometimes called "beta testers") to determine whether the products or the installation or user instructions should be modified, and whether they should be marketed commercially. Customer has reviewed the information made available to it regarding the Demonstration Products, including the materials attached as Exhibit A, and desires to evaluate the Demonstration Products at the Customer sites ("Project Sites") identified in the Scope of Work attached as Exhibit B hereto on the terms and conditions of this Amendment: 1. Chevron ES will, at its own cost, procure the Demonstration Products and install them or cause a subcontractor or manufacturer to install them at the Project Sites at na charge to Customer. Title to the Demonstration Products will remain with Chevron ES or Chevron ES's subcontractor, vendor or manufacturer at all times. 2. Chevron ES will, at its own cost, maintain the Demonstration Products during the term of the Agreement. Customer shall not maintain, service, repair or modify the Demonstration Products itself or through its other maintenance contractors. Customer will operate the Demonstration Products in accordance with Exhibit A during the term of the Agreement. 3. Chevron ES shall cause the manufacturer of the Demonstration Products to indemnify, defend and hold harmless Customer against any claims that the Demonstration Products as installed on the Customer's Project Sites infringe any patent, copyright or trademark, ar misappropriate any trade secret or other intellectual property rights of other persons. Customer shall promptly notify Chevron ES of any such claim of infringement or misappropriation, and shalt reasonably Page 1 of 5 cooperate with Chevron ES and the manufacturer in responding to and defending against such claim. 4. The Demonstration Products are being installed at the Project Sites so that Customer, Chevron ES and the manufacturer can evaluate them and their performance. CUSTOMER EXPRESSLY AGREES THAT CHEVRON ES MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, AND WHETHER OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WITH RESPECT TO THE DEMONSTRATION PRODUCTS, WHICH ARE INSTALLED AND PROVIDED "A5 IS" AND "WITH ALL FAULTS." gy signing this Amendment, Customer waives any rights and benefits of Section 1542 of the Civil Code of the State of California, which provides: "A general release does not extend to claims which the creditor does not know ar suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Except as provided for in Section ~ of this Amendment, Chevron shall indemnify, hold harmless, release and defend Customer, its officers, employees, and agents from and against any and all actions, claims, demands, damages, disabilities, fines, penalties, losses, costs, expenses jincluding consultants' and attorneys' fees and other defense expenses) and liabilities of any nature ("Losses") that may be asserted by any person or entity, relating to the performance of this Amendment and arising out of Chevron ES's negligence, willful misconduct, or violation of applicable law, excepting Losses due to the negligence or willful misconduct of Customer. 6. The liability of each Party shall be limited to direct, actual damages only and all other damages and remedies are waived. Under no circumstances will either Party be liable to the other Party for any special, indirect, incidental, consequential or punitive damages, lost profits or business interruption damages, however caused and on any theory of liability. "Consequential damages" includes, but is not limited to, operational losses in the performance of business including lost revenues and any increase in operating expense, and any lost profits or goodwill, or Toss of use or of data. It is expressly understood and agreed to by bath Parties that each Party's liability to the other shall be limited to reimbursement of only those Losses arising solely from a Party's breach of this Amendment, negligence or willful misconduct. In no event shall a Party's total, cumulative liability to the other exceed One Million Dollars ($1,000,000,00), The warranty, indemnity and liability clauses of this Amendment, and not those of the Agreement, shall apply to the performance, provision, installation, operation, maintenance or removal of the Demonstration Products. 8, Either Party may terminate this Amendment at any time by providing written notice to the other Party. In the event that installation work has started or been completed at the time of termination, Chevron ES will, at its own cost, restore the Project Sites to their original condition. In the event of termination by Customer, Chevron E5 will, at its awn cost, restore the Project Sites to their original condition within 45 days of receipt of notice. Page 2 of 5 9. Customer grants access to the Project Sites to Chevron ES, its subcontractors and representatives of the manufacturer of the Demonstration Products in order to install the Demonstration Products and to observe the performance of the Demonstration Products and make modifications in the installation or operation thereof. Such access by these parties shall be subject to all access restrictions and ail safety and security requirements that Customer has required of Chevron E5 under the Agreement. Customer will reasonably cooperate with the requests of Chevron ES for information and other needs during the installation and operation of the Demonstration Projects. 10. Chevron E5 shall, at its own cost, remove the Demonstration Products on or before the conclusion of the Test Period {as defined in Exhibit 8} and will restore the condition of the Project Sites affected by such removal, unless otherwise agreed in writing by the parties. 11. If and when requested by Chevron ES or the manufacturer, Customer will provide its evaluation of the performance of the Demonstration Products. 12. Ali work performed hereunder will be pursuant to the terms of this Amendmen#. The Scope of Work shall not exceed that set forth in Exhibit B hereto except by written agreement of the Parties. The schedule provided in the Scope of Work is an estimate only. 13. {a} To the extent permitted by applicable law, including but not limited to the California Public Retards Act (Government Code §§ 625E} etseq.}, the Parties shall maintain the confidentiality of all information, documents, programs, procedures, and al! other items that the Parties encounter pursuant to this Amendment. This requirement steal! be ongoing and shall survive the termination of this Agreement. {b} Chevron ES and Customer agree that it is not anticipated that any personal data will be processed by Customer on behalf of Chevron ES under or as a result of this Amendment (other than as contained within the terms of the Amendment). If Customer begins to process personal data on behalf of Chevron E5, Customer will immediately notify Chevron ES and the Parties will incorporate appropriate data protection provisions into this Agreement. {c} Conflicts of interest relating to this Amendment are strictly prohibited. Except as otherwise expressly provided herein, no Party nor any director, employee, agent ar subcontractor of any Party shall give to or receive from any director, employee ar agent of any other Harty any gift, entertainment or other favor of significant value, or any commission, fee or rebate in connection with this Agreement. Likewise, na Party nor any shareholder, director, employee, agent or subcontractor of any Party, shall, without prior notification thereof to all Parties, enter into any business relationship with any director, employee or agent of another Party or of any affiliate of another Party, unless such person is acting for and on behalf of the other Party or any such affiliate. A Party sha11 promptly notify the other Parties of any violation of this Section 13{cf and any consideration received as a result of such violation shall be paid over or credited to the Party against whom it was charged. The Parties agree to maintain true Page 3 of 5 and correct records in connection with all matters relating to this Agreement, and to retain such records for at least twenty-four (24) months following the expiration of this Agreement. Date: November 1S, 201I CHEVRON ENI~RGY SOLUTIONS COMPANY, CITY OF DUBLIN A division of Chevron U.S.A. Inc. ~'`~ By: Name: Title: Chief ~inancia! Officer By: Name: Title: Page 4 of 5 EXHIBIT A DEMONSTRATION PRODUCTS Chevron E5 shall provide Customer up to 30 BridgeLux commercial grade versions of the BridegLux street light LED retrofit pro#otype for the purpose of demonstrating their efficiency, performance, operability and reliability in the field at the Project Sites designated by Custorr~er set forth below, • Customer shall provide Chevron ES with cobra-head sample fixtures representative of the existing type and wattage to be "beta-tested" in order to establish fixture conditions. • Chevron ES estimates that the installation time for the initial on site "demo" is approximately two weeks. Note that some of the M&V will be performed via lab simulations to minimize procedures in the field and reduce the overall testing time line. The prototypes at each location will be monitored for a period of approximately four to six weeks. The tentative Test Schedule is set forth below. City of Dublin i)ema Site Locations Street location #1 1. 10 streetlights 2. 100W HPS cobra head 3. Existing Fixture Manufacturer: Unknown 4. 4 Asymmetrically spaced (evenly) 150' feet apart (actually spacing ranges between 1~i0' -160'). The 5~h streetlight is 150' away but positioned at the "tap of the circle" in the cul de sac (ie center of the road but back off the turnaround circle at the end a# the road). 5. Pole height: Approximately 28' 6. Street Width: 3 lanes, approximately 30' with sidewalks on both sides. This is a cul de sac in a commercial area. Street location #2 This will be a residential area but is open fields now. The center median with an apposing double headed pale planted in the middle is the way of the future far all new roads in Dublin. ~,. Six pales with two streetlights each. 2. 200W HPS lamp now 3. Existing Fixture Manufacturer : "Citea" 4. Evenly spaced 170' feet apart (actually spacing ranges between 160' --170'} 5. Pale height: Approximately 35-40'. 6. Varying street widths -- in the photo you see the wide end of the street: SS - 50 wide, center median is 6' wide, there are three lanes to the right and two lanes an the left. At the narrow end of the street: 42' wide, center median is 1$' wide with one lane an either side. There are no sidewalks. Page 5 of 5