HomeMy WebLinkAbout06 - SCE Agreement for Energy Efficiency DemoCITY OF
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C9G140RN\P Ut CH Staff Report � ®a�nc � Agenda Item No. 6
July 9, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3328, dawebb(a)newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
949 - 644 - 3323, ilee(a-)newportbeachca.gov
APPROVED: a'
TITLE: Agreement between Southern California Edison and City of
Newport Beach for Energy Efficiency Demonstration and
Performance Evaluation
ABSTRACT:
Agreement between Southern California Edison (SCE) and City of Newport Beach for Energy
Efficiency Demonstration and Performance Evaluation that will provide up to one hundred
(100) energy efficient LED streetlights to the City.
RECOMMENDATIONS:
1. Authorize the Mayor to execute the "Agreement between Southern California Edison and
The City of Newport Beach for Energy Efficiency Demonstration and Performance
Evaluation" (Agreement).
2. Authorize City staff to execute the work as described in the Agreement.
FUNDING REQUIREMENTS:
The Fiscal Year 2013 -.2014 budget recognizes $50,000 in project funding. Per Agreement
terms, SCE will reimburse the City $50,000 to cover project costs.
DISCUSSION:
The City has been on the forefront of installing light- emitting diode (LED) streetlights since
2010, when it declared luminaires installed per the 15 -year streetlight conversion master plan
were to be LED or a similar energy efficient fixture. As a result, SCE's Emerging
Technologies Division approached the City to participate in a scaled field placement
demonstration where LED fixtures are installed on City -owned parallel streetlight circuits to
determine the performance, energy, and cost benefits of the technology.
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Agreement between Southern California Edison and City of Newport Beach for Energy
Efficiency Demonstration and Performance Evaluation
July 09, 2013
Page 2
Staff has negotiated an agreement (Attachment A) stating SCE will reimburse the City up to
$50,000 towards the purchase and installation of up to one hundred (100) LED luminaires on
the City -owned streetlights, as depicted in the Agreement. The material procured under this
Agreement will become City property. In return, the City would allow SCE reasonable access
to monitor the operations of the LED system for a period of six (6) months. The City will be
provided access to and be recognized as a partner on any published literature, as related to
in the Agreement.
The project area will encompass that portion of the West Newport neighborhood generally
bounded by the Santa Ana River, West Coast Highway, 46th Street and West Ocean Front.
This area was selected for two primary reasons: (1) to replace the deteriorating fixtures
where parts are now obsolete, (2) to address residents' request to improve lighting
directionality.
Staff recommends approval of the Agreement as the City will not only benefit from the initial
labor and material cost, but will also recognize ongoing energy and maintenance savings.
Furthermore, the City will become LED technology information dissemination leaders, while
encouraging widespread application to potential users.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental
Quality Act ( "CEQX) pursuant to Section 15302 (replacement of existing facilities involving
negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential to have a significant effect on the
environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by:
David A. Web
Public Works Director
Attachment: A. Agreement between Southern California Edison and The City of
Newport Beach
B. Location Map
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ATTACHMENT A
ACRE' EE'n'fEN'r i'OR ENERGY EFFICIENCY DEMONSTRATION
AND PERFORMANCE EVALUNI'lON
'Phis agreemorit ( "Agrecinent "), effective tis of,hily 9, 2013 ( "Effective Date "), is
entered into between Southern California Edison, a California corporation ( "SCE "),
with principal offices located at 2244 Walnut Grove Avenue, Rosemead, California.
9J770 and the City of Newport Beach, a California Mmkipal Corporation and Charter
City, organized under the laws of the. of California ("City"), located at 100 Civic:
Center Drive, Newport Beach, California 92663. SCE and Customer are referred to
jointly as "Parties."
1. RECITALS
1.1. WHEREAS, City owns and operates streetlights, and desires to find
solutions to reduce energy usage and costs at ,select streetlight installations in
neigluborhoods, as set forth in Exhibit A ( "Locations ").
1.2, WHEREAS, the Parties desire to determine the impacts on electrical
energy consumption and costs of installing LED Streetlight Luminaires ( "New
System");
13, WHEREAS, SCE desires to perform and publish an analysis of the
performance, energy use, and costs of the New System installed at the Locations; and
1.4. WHEREAS, SCE desires to demonstrate the New System to other
potential users in order to disseminate information on this technology and encourage its
widespread application,
NOW, THEREFORE, in consideration of their mutual covenants and promises, the
Parties agree as follows:
2. DUTIES AND OBLIGATIONS OF SCE:
SCE agrees to:
2.1 Provide assistance to perform an energy efficiency analysis of the
Locations and provide recommendations for the most cost - effective configuration of
the New System.
2.2 Finnish. labor and equipment, subject. to it total expenditure limitation of
$500, to monitor, analyze, and summarize data on the New System's energy usage.
2.3 Provide City with copies of all reports published by SCE related to the
New System at the Locations.
2.4 Reimburse City up to $50,000 towards the purchase and installation of
up to 100 IBM Lnurinaires for the New System by the City. SCE shall reimburse City
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within fortyfive (45) calendar days of receipt of City's invoice or documentation
showing the expenditure of funds towards the purchase or installation of up to 100 LED
Luminaires for the New System by the City.
2.5 SCE's total monetary obligation under this Section 2 shall be limited to
$50,500.
3. ]DUTIES AND OBLIGATIONS OF CITY:
City agrees to:
3.1 Purchase and install, up to the total amount of reimbursement provided
for in Section 2.4 above, the New System in the Locations.
3.2 Operate the Now System as recommended by the manufacturer.
3.3 Provide SCE reasonable access to the Locations to enable SCE to install
its equipment to monitor the operation of the New System ( "Monitoring Equipment "),
and to collect data on performance; energy use; and operational cost on the New
System for six (6) months from the date that the Monitoring System becomes
operational.
3.4 Allow SCE to publish in technical literature, electronic media, and
promotional publications, materials related to the New System, including its operation
and performance, subject to the provisions of Section 4 of this Agreement. SCE shall
give appropriate credit to City in such literature and publications, as may be reasonably
requested by City.
3.5 Allow SCE to photograph the Locations before, during, and after
installation of the New System and use the pictures in technical literature, electronic
media and promotional publications.
3.6 Provide SCE with all information that SCE reasonably requests
regarding the Locations' energy usage and costs, for use by SCE to evaluate the
economic value and impact of the New System.
3.7 Allow SCE to conduct tours of the Locations and the New System, upon .
at least forty -eight (48) hours advance notice to City. City may reasonably limit the
number of tours and visitors, the time and date of tours, and prohibit tour access to
certain areas so as to avoid conflicts with its operations. All tours shall be accompanied
by SCE personnel and may be escorted by City representative(s).
3.8 Allow SCE to interview City's personnel for the purpose of obtaining
testimonials and statements concerning the New System, which SCE shall have the
right to use for publicity purposes.
2/1/13
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3.9 Except for the specific liabilities and obligations SCE is explicitly
agreeing to be responsible for under this Agreement, City shall be solely responsible for
all liabilities and to make all arrangements, including entering into and performing
under any contracts with third parties, for the performance of this Agreement.
4. CONFIDENTIALITY
4.1 Each Party shall treat all information provided by the other Party
pursuant to this Agreement as proprietary, confidential and trade secrets ( "Confidential
Information "), shall safeguard such information as it would its own proprietary and
confidential information and trade secrets, and shall not disclose such information to
any third party except as authorized herein, However, descriptions, photographs,
technical parameters and per orimarrce information of the New System shall not be
considered confidential or trade secrets.
4.2 Neither Party shall use any of the other Party's Confidential Information
except for the purposes of performing this Agreement.
4.3 Each Party shall promptly notify the other Party of any third -party
request for disclosure of the other Party's Confidential Information, and shall cooperate
with the other Party to prevent or limit disclosure of such Confidential Information.
4.4 Confidential Information shall not include public information or
information known to a Party prior to its disclosure to such Party by the other Party.
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All reports and publications which SCE intends to offer to the public shall be provided
to City at least fifteen (15) days prior to their release. During the fifteen (15) -day
period City shall have the right to review and approve, delete or armend any portion
which contains City's proprietary information or trade secrets. As stated in Section 4.1
above, descriptions, photographs, technical parameters and performance information of
the New System shall not be considered confidential or trade secrets.
6. TERM AND TERMINATION:
6.1. This Agreement shall be effective as of the Effective Date and, except as
otherwise provided herein, shall continue in effect until June 10, 2014.
6.2. SCE or City may terminate this Agreement by giving thirty (30) days
written notice to the other Party of its election to terminate this Agreement. This
Agreement shall terminate at the conclusion of such notice period.
6.3. Upon termination of this Agreement, SCE may elect to remove some or
all of its Monitoring Equipment. Any Monitoring .Equipment not removed within one
hundred and twenty (120) days after termination of this Agreement shall become the
property of City. SCE shall use reasonable efforts to restore the property to which any
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removed Monitoring Equipment was affixed to the condition the property was in prior
to installation of the Monitoring Equipment.
6.4. In the event of termination of this Agreement by City prior to the
expiration of its full term stated in Section 6.1 above, or prior to such time that City has
Hilly satisfied all of its obligations and liabilities under this Agreement, City shall
reimburse SCE for all costs incurred by SCE corder Section 2 of this Agreement and for
all costs SCE may incur in connection with its discretionary removal of its Monitoring
Equipment.
6.5 SCE shall have the right to immediately terminate this Agreement under
any of the following circumstances: (a) SCE reasonably determines this Agreement
would be inconsistent with, or violate any rule; regulation, or policy of the California.
Public Utilities Commission or other applicable law; or (b) the New System is not
installed and operating on or before November 15, 2013. In the event of such
termination, SCE shall be entitled to the same reimbursements as provided in Section
6.4.
7. NOTICES
All notices required by this Agreement shall be in writing and shall be either personally
delivered, given by facsimile transmission (arid confirmed by mail), or sent by
registered or certified mail, postage prepaid, return receipt requested, to the respective
Party as follows:
To SCE:
To City:
Thomas M. Walker
Director
Southern California Edison
1515 Walnut Grove Avenue
Rosemead, CA 91770
Voice: (626) 302 -0981
E- Mail: thomas.walker rr sce,coin
George Murdoch
Utilities General Manger
City of Newport Beach - Municipal Operations Department
P.O. Box 1768
100 Civic Center Drive
Newport Beach, CA 92658
Voice: (949) 718 -3401
Fax: (714) 292 -1570
Email: gmurdoch @newportbeachca.gov
Notices given hereunder shall be deemed given on the (late when such notices were
personally delivered or, if sent by facsimile transmission, twenty -four (24) hours after
transmission with confirmed answer back or, if mailed, five (5) days after mailing.
Rev. 2/1/13
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8. INDEMNIFICATION AND LIMITATION OF LIABILITY:
8.1 City shall defend, indemnify and hold harmless SCE, its parent
company, affiliates, directors, shareholders, 'invitees, employees, agents, contractors,
successors and assigns, from any and all costs, liabilities, claims and expenses,
including those fi-om death or injury to any person or from a loss or damage to any real,
personal or other property, arising from, or in connection with, this Agreement, except
to the extent caused by the negligence or willful misconduct of SCE.
8.2 Except to the extent caused by SCE's negligence or willful misconduct,
SCE shall not be liable for any costs, liabilities, claims and expenses, including death or
injury to any person, or any loss or damage to any real, personal or other property of
City.
IN NO EVENT SHALL SCE BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF
THE OTHER PARTY'S CFI'YS OR GOOD WILL, OR LOST REVENUE OR
PROFITS), FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR
TORT, ARISING IN ANY MANNER FROM THIS AGREEMENT OR THE
PERFORMANCE OR NON - PERFORMANCE OF OBLIGATIONS UNDER THIS
AGREEMENT, REGARDLESS OF THE CAUSE OR FORESEEABILITY
THEREOF. FURTHER, THE AMOUNT OF SCE's AGGREGATE LIABILITY OR
DAMAGES SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).
9. WARRANTY DISCLAIMER:
SCE MAKES NO WARRANTIES, EXPRESSED OR IMP.LLED, WITH REGARD TO
THE NEW SYSTEM, ITS MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
10. APPLICABLE LAW:
This Agreement shall be interpreted, governed and construed under the laws of the
State of California. Any action brought between the Parties and relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
11. ENTIRE AGREEMENT:
This Agreement contains the entire agreement and understanding between the Parties
and merges and supersedes all prior representations and discussions between SCE and
City pertaining to its subject matter.
6 Rev. 2/1/13
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12. SIGNATURES:
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized representatives.
CITY OF NEWPORT BEACH,
a California municipal corporation:
By:
Name: Keith D. Cunt'
Title: Mayor
Date:
APPROVED AS TO FORM:
CITY AjTQ3�'S OFFICE
Date:
Aarbn-0 Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
SOUTHERN CALIFORNIA EDISON,
a California corporation:
By:
Name:
Title:
Date:
7 Rev. 211/13
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Exhibit A
LOCATION
Location A: Neighborhood south of Pacific Coast Highway along Seashore Drive
between Summit Street and 45 °i Street.
g Rev. 211/13
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° STREET LIGHT LED UPGRADE PROJECT EXHIBIT
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT