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Staff Report°wN MEETING DATE: 12/01/15 ITEM NO: t°scat°S COUNCIL AGENDA REPORT DATE: NOVEMBER 20, 2015 TO: MAYOR AND TOWN COUNCIL 4e FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT A. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN ENERGY SERVICES AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY (PG&E) NOT TO EXCEED $500,000 FOR THE REPLACEMENT OF TOWN AND PG&E -OWNED STREETLIGHTS WITH ENERGY EFFICIENT LED STREETLIGHTS. B. APPROVE A BUDGET ADJUSTMENT INCREASING PROJECT REVENUES BY $104,648 ($62,720 FROM PG&E REBATES AND $41,928 FROM GFAR FUND BALANCE) AND PROJECT EXPENSES BY $104,648. RECOMMENDATION: 1. Authorize the Town Manager to execute an Energy Services Agreement with Pacific Gas and Electric Company (PG&E) not to exceed $500,000 for the replacement of Town and PG&E - owned streetlights with energy efficient LED streetlights. 2. Approve a Budget Adjustment increasing project revenues by $104,648 ($62,720 from PG&E rebates and $41,928 from GFAR Fund Balance) and project expenses by $104,648. BACKGROUND: The Town's adopted five year Capital Improvement Program (CIP) Budget designates $400,000 for the replacement of existing Town streetlights with energy efficient LED streetlights. According to PG&E's billing records, there are 2,071 streetlights located within the Town of Los Gatos: 1,609 owned and maintained by the Town and 462 owned and maintained by PG&E. The Town pays PG&E a fixed monthly rate, or tariff, set by the California Public Utilities Commission for each Town -owned light based on wattage and light type. For each PG&E -owned streetlight, the Town pays this tariff plus an additional monthly amount for PG&E's cost of ownership, including PG&E maintenance. — �Z PREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS Reviewed by:� Nt Z Assistant Town Manager own Attorney PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT NOVEMBER 20, 2015 BACKGROUND (cont'd): The majority of the streetlights within the Town provide illumination using High Pressure Sodium (HPS) fixtures. HPS fixtures emit an amber -colored light and orange "halo." While more energy efficient and maintenance free than other types of outdoor lighting, HPS lights are not nearly as energy efficient and maintenance free as newer generation LED fixtures. Additionally, because HPS lights have a narrower color spectrum, they make color recognition (or color rendition) of objects, such as vehicles, difficult. LED lights emit a whiter light (often referred to as "true moonlight") which allow for colors to be seen more accurately and vividly. LEDs are also more directional, providing less unwanted light trespass and better illumination of streets and sidewalks. Most importantly, LED streetlights provide significant energy and maintenance cost savings, and have a much lower carbon footprint than HPS or most other types of outdoor lighting. LED streetlight conversion projects have been successfully implemented in a number of neighboring communities, including Santa Clara, Sunnyvale, Gilroy, Morgan Hill, and portions of Campbell and San Jose. Caltrans has also retrofitted many of its freeway lighting with energy efficient LED lights. For a number of years, the Town has required the installation of LED streetlights with new developments. One of the more recent examples can be found in the Laurel Mews development at Los Gatos Boulevard and Roberts Road. LED lighting has also been incorporated in new capital projects, including the University and Highway 9 intersection, Civic Center pathway lighting, and several recent park pathway lighting projects. DISCUSSION: Prices for LED streetlights have decreased dramatically over the last several years to such a degree that the simple payback just from annual energy savings is now at the five year range. As with many technology driven products, this reduction in price has also come with an increase in quality. LED streetlights available now are expected to last up to 15 or more years before replacement is needed, compared to four to six year replacement cycles for the typical HPS fixtures commonly used throughout the Town. Reduced maintenance costs are therefore an additional benefit of retrofitting. Currently, the annual Town cost for streetlight maintenance is approximately $22,000. This cost is paid for through the Town's streetlight and traffic signal maintenance contract, which was approved by the Council in May of this year for the period July 1, 2015 through June 30, 2016, with options for up to four annual extensions. A reduction in maintenance costs will be one of the items staff intends to negotiate as part of an extension option for the upcoming Fiscal Year. Staff has done extensive research on options available for implementing a Townwide LED streetlight project. Alternatives explored included: direct purchase of fixtures by the Town and contracting for replacement only; issuing an RFP for procurement and replacement services; or direct negotiation with one or more vendors who market "turnkey" services. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT NOVEMBER 20, 2015 DISCUSSION (cont'd): After thorough research over several months, including discussions with numerous agencies and vendors, the Town is recommending entering into an Energy Services Agreement with PG&E for the procurement and replacement of streetlights throughout the Town based on the results of a recent RFP process conducted by the City of San Mateo. This approach provides the most cost- effective approach to implementing this project with the least impact on Town staff resources. The City of San Mateo issued an RFP on August 20, 2015 requesting proposals from qualified vendors for the replacement of 3,900 streetlights with energy efficient LED lights. Proposals were due on September 17, 2015 and six proposals were received: PG&E, Siemens ITS, Tanko Lighting, Saint Francis Electric, enLight, and Black and Veatch. All six proposals were provided to Los Gatos staff for review prior to the City of San Mateo making a final recommendation on a preferred proposer. San Mateo concluded, following its own internal review and interview process, that PG&E had submitted the most comprehensive proposal. PG&E also offered the lowest cost per fixture for LED streetlight conversions. The Town's independent review also concluded that the PG&E proposal was the most responsive and cost effective proposal. The San Mateo City Council approved an agreement with PG&E for the streetlight conversion project at their regular Council meeting on November 16, 2015. The Town's purchasing policy allows for cooperative purchasing arrangements without separate competitive bidding by the Town "if a governmental agency has solicited bids and awarded a contract for services of materials which the Town desires to obtain, and participation in such a purchase is agreeable to the bidder awarded the contract. " PG&E has agreed to extend the same pricing to the Town of Los Gatos as was offered to San Mateo and has also offered to convert its 462 company-owned streetlights to energy efficient LEDs concurrent with the conversion of the Town's streetlights. The conversion of the PG&E -owned lights will provide uniform street lighting throughout the Town as well as additional energy savings to the Town and a further reduction in greenhouse gas emissions. Therefore staff's recommendation is to proceed with entering into an agreement with PG&E based on the City of San Mateo's RFP process. Furthermore, as PG&E is the only company able to convert their company-owned streetlights, the Town's Purchasing Manual allows for sole source purchasing when the Town determines that "there is only one source for the required supply, service or construction item. " The conversion of the PG&E lights concurrent with the conversion of the Town lights are a service that can only be provided through an agreement with PG&E. The Los Gatos Town Code section 2.50.130 (b) (2) and (3) provides further support for the Council's approval of an agreement with PG&E. These Code sections allow for dispensing of formal bidding procedures when "the commodity can be obtained from only one vendor, or when the purchase is to be made through a county or other public agency" [Sec. 2.50.130 (b) (2)] or "the Town Council finds that because of the uniqueness or special characteristics of the commodity, it would be more advantageous to the Town to purchase by negotiated bid" [Sec. 2.50.130 (b) (3)]. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT NOVEMBER 20, 2015 DISCUSSION (cont'd): Lastly, California Government Code Sections 4217.10 through 4217.18 also provides wide latitude to local agencies to enter into energy service agreements that will provide energy conservation savings. A number of local public agencies have used these provisions of the California Government Code for sole -source or negotiated LED streetlight projects, including South San Francisco (April 2014) Morgan Hill (June, 2014), Davis (December 2014) and Oakley (2015). Proposed Agreement with PG&E As referenced above, PG&E has offered to provide streetlight conversion services to the Town of Los Gatos at the same terms and pricing as provided to the City of San Mateo. In addition, PG&E has agreed to convert its company owned lighting to LED lights at the same time, which will provide uniformity of lighting throughout the Town, as well as additional energy cost saving and reduced greenhouse gas emissions. With over 20 percent of the lights within the Town owned and maintained by PG&E, the concurrent replacement of PG&E's lights will provide a significant community benefit. PG&E's proposal letter, cost estimate, and a sample agreement are attached for the Council's reference (see Attachments 1, 2, and 3). The services that will be provided to the Town through an Energy Services Agreement with PG&E are anticipated to include the following: • Conduct field inventory and reconcile Town and PG&E records • Submit billing record adjustments as necessary and confirm rebate eligibility • Purchase fixtures and manage and stage material deliveries • Provide traffic control plans as necessary for fixture replacement • Manage installation including selection of installation subcontractor • Manage disposal and recycling of all old fixtures • Provide Geographic Information System (GIS) database with streetlight data and location upon completion of project • Develop project website for public notification including public contact portal • Cooperate with Town on public engagement throughout the project • Submit all required paperwork for rebates and rate changes • Test and commission all streetlights • Provide one year labor warranty; ten year fixture warranty, and twelve year photocell warranty CONCLUSION/NEXT STEPS: Upon approval by the Council, staff would finalize a detailed scope of work for an Energy Services Agreement with PG&E, including all key project components. Project implementation would begin immediately following execution of an Energy Services Agreement between the Town and PG&E with the ordering of LED streetlights by PG&E. According to PG&E, the lead PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT NOVEMBER 20, 2015 CONCLUSION/NEXT STEPS (cont'd): time for procurement of LED lights is six to eight weeks. Retrofitting of existing lights is expected to take no more than three months following receipt of the lights by PG&E. Energy cost savings would begin to accrue to the Town the month following the installation of the new lights. Information on the retrofit project including contact information for any concerns or issues would be provided to the public through social media outlets, including Next Door, as well as the Town's website. ALTERNATIVES: Instead of utilizing San Mateo's competitive process to select a vendor, the Council may direct staff to issue a Request for Proposals for streetlight retrofit services. This is not recommended as using the results of the recently completed City of San Mateo request for proposal process will save significant staff resources and will allow for expedited implementation of this important energy efficiency project. Because PG&E rebates are limited and available on a "first come first served" basis, expedited project delivery will also increase the likelihood that these funds will remain available to the Town. COORDINATION: Preparation of this report has been coordinated with the Town Attorney's office, the Finance Department, and the Town Manager's Office. FISCAL IMPACT: The Town pays PG&E a fixed monthly rate, as set by the California Public Utilities Commission (PUC), for the energy used by Town -owned lights, and a combined monthly energy and maintenance rate, also set by the PUC, for PG&E -owned lights. Currently, the total paid annually to PG&E for both Town -owned and PG&E -owned streetlights is approximately $177,000. In addition, the Town pays approximately $22,000 annually to an outside contractor for maintenance of Town -owned streetlights, for a total annual cost for operation and maintenance of streetlights of approximately $200,000. With the completion of the LED streetlight project, annual payments to PG&E for streetlights (both Town -owned and PG&E -owned) will decrease by an estimated $82,500 to approximately $94,500 per year. Contractual maintenance costs for Town owned streetlight services are also expected to decrease following negotiation of a contract extension for streetlight maintenance beginning in July 2016. PG&E has agreed to extend to Los Gatos the pricing provided to San Mateo for streetlight replacement at an average cost of $302.50 per fixture, or approximately $458,000 for the estimated 1,514 Town -owned HPS streetlights. PG&E has also calculated that the Town will be eligible for an estimated $62,720 in rebates, resulting in a net project cost of $395,000. However, because FISCAL IMPACT (cont'd): PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: PPW PROJECT NO. 813-0224 LED STREETLIGHT RETROFIT PROJECT NOVEMBER 20, 2015 rebates will be paid directly to the Town, a budget adjustment is necessary to recognize the increased revenue, as well as the increased pre -rebate cost of the PG&E streetlight replacement services. In addition, staff is recommending a contingency be added to the project budget to cover any unanticipated costs, (e.g., streetlights needing additional repair, lights with different wattages than shown on the existing inventory, lights not currently on the existing inventory) as well as staff project management costs and a small inventory of replacement fixtures. Any contingency funds needed would come from available GFAR Fund Balance. Significant operating budget savings will accrue to the Town upon completion, with a simple payback of around five years (depending on the amount of contingency required). Any additional savings from reduced streetlight contractor maintenance costs would shorten the payback period. PG&E Contract Price Estimate $ 458,072 Contingency $ 41.928 Total Project cost (maximum) $ 500,000 Less rebates* $ (62,720) Net project cost $ 437,280 Current Annual Streetlight Costs—Town Lights (Energy Only) $ 114,000 Current Annual Streetlight Costs—PG&E Lights $ 63,000 Total Costs (not including contract maintenance) $ 177,000 Estimated Costs After Retrofit—Town Lights (Ener Only) $ 35,000 Estimated Costs After Retrofit—PG&E Lights $ 59,500 Total Projected Costs after Retrofit $ 94,500 Total Annual Savings ($177,000 — 94,500)** $ 82,500 Simple Payback ($437,280 - $82,500) 5.3 years *Rebates are subject to funding availability and administered on a first come, first served basis. The Town would be required to pay full project costs if rebate funding is depleted. **Town and PG&E data and estimates vary slightly, so savings and payback estimates differ between this chart and that provided by PG&E in Attachment 2. ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a, b, & c) allowing for the repair and maintenance or minor alteration of existing facilities and Section 15302 (c), which applies to the replacement or reconstruction of existing facilities. A Notice of Exemption will not be filed. Attachments: 1. PG&E Turnkey Services Proposal 2. PG&E Quote Sheet 3. Sample PG&E Agreement PacificGasand Electric Company r November 17, 2015 Mr. Bob Kass TOWN OF LOS GATOS 41 Miles Avenue Los Gatos, CA 95030 RE: Turnkey Services for the Town of Los Gatos Street Light Conversion to LED Mr. Kass, 77 Beale Street P.O. Box 770000 San Francisco, CA 94177 415.973.7300 Pacific Gas and Electric Company (PG&E) is pleased to present the following proposal to the Town of Los Gatos for the replacement of approximately 1514 existing city -owned street lights with the latest generation of energy efficient LED lighting technology. This proposal is based on the final per unit fixture pricing for a contract awarded to PG&E by the city of San Mateo. The project summary, by the numbers, projects the achievement of the following: • Reduce operating and maintenance costs for street lighting by $84,633 ($74,035 for energy costs and estimated $10,598 for maintenance savings) the first year, with a 5.34 year simple payback using energy only. • Capture over $62,000 in incentives, covering over 13.5% of the project cost • Bring better quality, higher color rendering light to enhance visual acuity and sense of security • Provide GIS layer of LS2 street lights that are mirrored to the PG&E billing and not in a proprietary database • Communicate in an open, transparent and regular manner to keep the team and community informed of progress • Avoid 260,324 pounds of CO2 emissions per year and reduce energy usage by 496,801 kWh per year, the equivalent of taking 72 cars off the road, or providing electricity for 31 homes. In addition, we are pleased to initiate and complete the conversion of the PG&E -owned LS -1 fixtures at the same time. While these two projects will be managed separately, we will coordinate resources and complete both projects concurrently. This project will bring the Town an additional 125,000 in kWh savings, and 66,000 pounds/year reduction in CO2 emissions. It is estimated that Los Gatos will save approximately $3800/year with the LS -1 conversion. That number is estimated, based on the current CPUC approved tariffs, and is subject to change. We are excited about this project because helping the Town of Los Gatos meet their energy conservation, cost reduction and environmental stewardship goals is consistent with the values that motivate and drive PG&E — customer satisfaction, energy conservation and partnering with our communities to demonstrate environmental leadership in the energy industry. We have demonstrated this commitment by managing over 60,000 street light replacements in more than 70 cities and counties. Our collaborative approach, attention to detail and 100% customer satisfaction demonstrates a history of success in delivering on both project objectives and customer expectations. Consistent with the objectives of the Town of Los Gatos, our previous projects have focused on and delivered the following: ATTACHMENT 1 • Improve city infrastructure and safety through enhanced lighting quality • Maximize the reduction of energy consumption, energy cost, maintenance expense and overall "carbon footprint" • Minimize the City's administration costs and staff time for street light maintenance • Maximize available PG&E rebates, incentives and lower tariff rates • Update GIS data files of all city -owned street lights We are offering a fixed firm price for the identified scope, subject to acceptance within 90 days of submittal date. See attached Quote Sheet for further details. If you have any questions or need additional information, please do not hesitate to contact David Carter at (415) 973-4385 or d6c4@pge.com. We look forward to working with you and the entire Town of Los Gatos team on a successful project. Respectfully, Aoxa :Zg Interim Director PRIMARY CONTACT INFORMATION David J. Carter 245 Market Street San Francisco, CA 94105 (0) 415-973-4385 (M) 415-590-0071 D6C4@pge.com MAILING ADDRESS P.O. Box 770000 Mail Code N10D San Francisco, CA 94177 TPG&E LED Street Light Turnkey Replacement Service Non-binding price estimate to be used for budgetary purposes only City of: Town of Los Gatos Date of this estimate: 3 -Nov -2015 Exoiration date of this estimate: 3-Deo.2015 Number of Lights to be Replaced Voltage Type Wattage (Nominal/A ctual) Rate Suggested Replacement LED Wattage 719 120 HPS 70/85 LS -2 29 119 120 HPS 100/120 LS -2 34 26 120 HPS 150/176 LS -2 56 357 240 HPS 70100 LS -2 29 138 240 HPS 100/138 LS -2 34 39 240 HPS 150/201 LS -2 56 48 240 HPS 200/237 LS -2 73 13 240 HPS 250/293 LS -2 101 27 Merc Vapor 175/199 LS -2 34 19 Merc Vapor 250/184 LS -2 53 2 Merc Vapor 400/445 LS -2 73 5 Low Pressure Sodium 90/132 1 LS -2 56 1 Metal Halide 70/88 LS -2 29 1 Metal Halide 175/211 LS -2 56 1514 Total Project Price: Total PG&E Rebates: Net Estimated Price: $458,072 $62,720 $395,352 The rebates are subject to funding availability and are administered on a first come, first -serve basis. If rebate funding is depleted, customer must pay Total Project Price. Energy cost savings in first year*: $74,035 Energy savings (kWh/year): 496,801 CO2 reduction (lbs/year): 260,324 Avoided maintenance expenses in first year**: $10,598 Simple Payback (Energy Only): 5.34 *Project Price Notes: Price includes purchase of requested street lights, installation and field verification of installed lights, rate change and rebate application processing. No permitting costs included in total project price. Project price assumes all lights to be replaced will be cobra head fixtures and will not include post top, shoe box, tear drop, or decorative fixtures Project price assumes all street lights to be replaced are currently in operating condition. Project price assumes no restrictions on installations will be made (e.g.--heavy traffic area, special hours for installation, etc.) Project price assumes all street lights to be replaced are at an operating voltage between 120-240 volts AC. Notes: *Future year savings will grow with the expected increase in electricity and labor costs. **Avoided maintenance expenses are compared to maintaining HPSV lights. ***The street light manufacturer is BETA LED. Assumptions: 4100 operating hours annually * $0.14915/kWh electricity cost >> 0.524 lbs/kWh emission factor $26 per year maintenance cost for HPSV $19 per year average maintenance cost for LED * City has full jurisdiction over street lights ATTACHMENT 2 Pacific Cas and Electric Company Agreement No: SLT-00 Name of City PG&E PRODUCTS AND SERVICES AGREEMENT This PG&E Products and Services Agreement (the "Agreement") is made and entered into as of , 20_ ("Effective Date") by and between [insert Customer's legal name] with offices at ("Customer") and Pacific Gas and Electric Company ("PG&E"). RECITALS WHEREAS, Customer requires street light replacement services and PG&E desires to do so pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements set out in this Agreement, Customer and PG&E agree as follows: AGREEMENT 1. The Service. PG&E offers street light replacement service (the "Service") which comprises a turnkey project that includes: the ordering of Customer specified street light fixtures by PG&E at Customer's expense, and installation of these PG&E -authorized street light fixtures as replacements to existing Customer -owned street lights operating at 120 or 240 volts. As part of the Service, PG&E will also process Customer -requested rate changes to PG&E rates which may also include LS2C to LS2A rates changes and any applicable PG&E rebate applications as requested by Customer. PG&E will arrange for waste disposal of removed street light fixtures. Customer Initials . Date 2. Development, Acceptance, and Performance of Proposals. Upon receipt of a request for Service, PG&E will consult with Customer and develop a Proposal covering the Service in the form of proposal attached hereto as Exhibit A. Once a Proposal is signed by both Customer and PG&E, the Proposal will become a binding contract and shall be deemed an "Accepted Proposal" for purposes of this Agreement. Accepted Proposals shall be numbered sequentially and must reference this Agreement specifically. The terms of this Agreement are incorporated into each Proposal as if fully set forth therein by virtue of this reference. If any conflict arises between the terms of an Accepted Proposal and the terms of this Agreement, the terms of this Agreement shall prevail. PG&E agrees to provide the Service in accordance with the Accepted Proposal subject to the terms and conditions of this Agreement. PG&E will notify Customer upon its completion of the work specified in an applicable Accepted Proposal, and Customer shall have five (5) business days to review and accept, after which time PG&E's performance responsibilities under the Accepted Proposal will be deemed to have been fulfilled. If Customer identifies any outstanding items to be corrected, a punch list will be developed to reflect such items, and PG&E will correct them. Any change to an Accepted Proposal must be agreed to by both Customer and PG&E in writing. Upon completion of the Service described in the Accepted Proposal and Customer's payment of said Service, title to the installed street light fixtures described in the Acceptable Proposal shall pass to Customer. Such transfer of title shall be for the installed street light fixtures "as is, where is," and with no implied warranties or express warranties, except as otherwise set forth below in Section 5.2 (Limited Material Warranty). Page 1 of 14 ATTACHMENT 3 Pacific Gas and Agreement No: SLT-00_Name of City 14FSI Electric Company 3. Additional Work. If in the process of performing the Service, a condition is discovered that prevents PG&E from performing the Service as specified such as but not limited to 1) access to the street light such as overgrown trees or blocked roadway, 2) broken street light bracket, or 3) wiring defect that prevents delivery of energy to the street light fixture, PG&E will notify Customer in writing of such condition and the work necessary to remedy the condition using Exhibit B (Additional Repair Work Agreement). If the work required is estimated by PG&E at less than $1,000, then PG&E may perform such work and invoice Customer periodically for actual time and materials to perform such work without completing Exhibit B. If, for any reason, Customer chooses not to correct such condition, as specified in Exhibit B (Additional Repair Work Agreement), PG&E shall be relieved of any and all responsibility for performing the Service for that street light or group of street lights. If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment. 4. Fees. Customer shall pay PG&E for Service performed in accordance with the payment terms set forth in each Accepted Proposal. Work specified in any Additional Repair Work Agreement will be done on a time and materials basis, at PG&E's then current hourly commercial rates as specified in Exhibit B and with reimbursement of PG&E's actual out-of- pocket expenses. Customer shall pay PG&E for the Service based on the payment schedule set forth in the applicable Accepted Proposal. Each payment made by Customer must reference this Agreement, the Accepted Proposal and invoice number and be mailed to: PACIFIC GAS AND ELECTRIC COMPANY Attn: Sales and Service Manager, Business Development P.O. Box 770000, Mailcode: N10D San Francisco, CA 94177 5. Limited Warranties. 5.1. Limited Service Warranty. PG&E warrants that the Service will be performed in a commercially reasonable manner 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 in workmanship within one (1) year of completion of installation of all streetlight fixtures ("Installation"). If Customer notifies PG&E within one year of installation of a potential defect in workmanship, and PG&E confirms the defect, PG&E will either re -perform the Service at no additional charge to Customer, or, if PG&E so elects, refund the applicable fees paid to PG&E by Customer for the Service. This warranty extends to Customer only and cannot be assigned by Customer. This warranty is in lieu of all other warranties. All other warranties are expressly disclaimed. 5.2. Limited Material Warranty. The manufacturer of the material to be installed will provide a warranty which is attached as Exhibit C. PG&E will provide to the Customer all documentation covering the warranty including contact 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 Limited Service Warranty) to request that PG&E Page 2 of 14 Pacific Gas and Agreement No: SLT-00 Name of City Electric Company remove the defective light and reinstall the repaired light or an equivalent replacement light. For those years following the Limited Service Warranty period but still within the Limited Material Warranty period, Customer must contact the 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 the manufacturer's designated facility (and for all risk of loss to the equipment while in transit), and 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 by Customer. This warranty is in lieu of all other warranties relating to installed materials. ALL OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED) RELATING TO INSTALLED MATERIAL ARE HEREBY EXPRESSLY DISCLAIMED. 5.3. Disclaimers. Except for warranties expressly set forth in Sections 5 and 6 of this Agreement, PG&E HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, INTEROPERABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) RELATING TO THE SERVICE. Customer acknowledges and agrees that the specific remedies described in Sections 5 and 6 of this Agreement respectively shall be Customer's sole and exclusive remedies for any and all warranty claims arising under or pertaining to this Agreement. 6. Customer's Responsibilities. To the extent that performance of the Service by PG&E depends upon approvals or other decisions by Customer, or on Customer furnishing particular documents or information, including but not limited to work permits, and that Customer does not timely perform or provide the same, the minimum time estimate for PG&E's completion of the Service shall be extended to take into account Customer's delay with respect thereto. Customer shall reimburse PG&E for the costs on any required work permits. If Customer or a competent governmental authority requires any other compliance efforts, including but not limited to flagging, traffic control, or neighborhood notifications, as a condition for work to proceed, then Customer shall reimburse PG&E for the costs related to these efforts. Notwithstanding PG&E's arrangement or performance of waste disposal services for removed street light fixtures (or any other materials an applicable Accepted Proposal may specify for removal), Customer acknowledges and agrees that it is the "generator" of such fixtures and/or materials and therefore bears ultimate responsibility for their proper disposition. Provided that PG&E adheres to any disposal instructions contained in an Accepted Proposal, Customer agrees to hold PG&E harmless from any and all claims brought by third parties (including by governments or regulators) relating to the disposal services arranged or performed by PG&E. 7. Data. Customer shall own any documents or information prepared or created by PG&E during the performance of the Service under this Agreement ("Data"). PG&E may retain copies of Data for PG&E use, but shall keep the Data confidential and shall not publish or otherwise disclose or knowingly permit PG&E employees to publish or otherwise disclose any Data without Customer's prior written consent unless such disclosure is required by law or by a court or regulatory agency having authority over PG&E. 8. PG&E's Utili y Obligations. Customer acknowledges that PG&E has an obligation to maintain, repair and service PG&E -owned facilities in order to perform its duties as a public utility. If PG&E determines at any time, in its sole discretion, that it requires any personnel or resources previously committed to the performance of services for Customer under this Page 3 of 14 Pacific Gas and Agreement No: SLT-00 Name of City 'Fall Electric Company Agreement in order to maintain adequate service to PG&E's other customers or to fulfill its duties as a public utility, then PG&E shall have the right to divert the use of such personnel or resources to satisfy such requirements. PG&E shall be excused from whatever performance is affected by such action, all to the extent and for the duration its resources are so constrained, and PG&E shall not be considered in default under this Agreement by virtue of such diversion of resources. PG&E shall use diligent efforts to resume and complete its performance of the Service when diverted resources become available again. 9. Limitation of Liability. In the event that PG&E is held liable to Customer or to any party claiming by or through Customer for damages arising under or pertaining to this Agreement, the aggregate liability of PG&E to Customer or to any party claiming by or through Customer shall be limited to the lesser of (a) the estimated price for the Service giving rise to the claim, or (b) the amount actually paid to PG&E with respect to such Service. IN NO EVENT SHALL PG&E BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, COST OF DELAYS, REPLACEMENT OF POWER, OR LOSS OF PROFITS, LOSS OF OR FAILURE TO REALIZE ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY SUCH CONSEQUENCES WERE FORESEEABLE. The parties agree that the limitations on liability expressed in this Agreement will apply at all times, whether in contract, equity, tort or otherwise, regardless of the fault, negligence (in whole or in part), strict liability, breach of contract or breach of warranty of PG&E, and will extend to the affiliates, subsidiaries, parent company, officers, managers, directors, agents and employees of PG&E. Customer acknowledges and agrees that the limitations of liability set forth in this section may be far less than Customer's loss in the event of any loss or damage to Customer's equipment while in PG&E's care or custody, and Customer expressly assumes the risk of any such deficiency of recovery. The parties acknowledge and agree that the limitations of liability set forth in this Section 9 are an essential element of their bargain as well as a material inducement for PG&E's entry into this Agreement, and that PG&E's price for the Service reflects their inclusion in this Agreement. 10. Term and Termination. The term of this Agreement shall be for five years from the Effective Date unless sooner terminated by Customer or PG&E as permitted by this Agreement. Each party may terminate this Agreement or any Accepted Proposal at any time for convenience by giving the other party 5 days written notice, provided, however, that any such termination shall neither affect PG&E's obligation to perform under any Accepted Proposals during the 5 day notice period, nor Customer's obligation to pay PG&E for material procured or services rendered under any Accepted Proposal through the effective date of termination, including during the 5 - day notice period. Termination of any individual Accepted Proposal by either party shall not affect the continued validity of this Agreement or of any other Accepted Proposals. Additionally, each party may terminate this Agreement and any then -outstanding Accepted Proposals upon written notice to the other party if the other party: (i) is in default of any obligation hereunder which default is incapable of being cured, or which, being capable of being cured, has not been cured within seven days after receipt of written notice of such default; or (ii) becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or has been liquidated, voluntarily or otherwise. Also, PG&E may terminate this Agreement immediately and without prior notice in the event that the California Public Utilities Commission issues a ruling or order prohibiting or otherwise Page 4 of 14 am Gas and Agreement No: SLT-00 Name of City 1 SI Electric Company preventing PG&E from fulfilling, or substantially interfering with PG&E's ability to fulfill, its obligations under this Agreement, or finding that this Agreement is contrary to the policies of the California Public Utilities Commission. The following Sections of this Agreement shall survive expiration, cancellation or other termination of this Agreement: 4 Fees, 5 Limited Warranties, 6 Customer Responsibilities, 7 Data, 9 Limitation of Liability and 11 General. Any other provisions of this Agreement that would generally be construed as intended to survive the expiration, cancellation or other termination of this Agreement shall also survive such expiration, cancellation or other termination. 11. General. 11.1. Assignment. This Agreement may not be assigned or otherwise transferred by either Customer or PG&E without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, PG&E may, without such consent, assign this Agreement to a parent, subsidiary or other affiliate. PG&E may also subcontract all or part of the Service. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon Customer and PG&E and their respective successors and assigns. 11.2. Force Majeure. Neither PG&E nor Customer shall be considered in default in the performance of its obligations under this Agreement, to the extent that (and only for so long as) the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party; provided, however, that Customer shall be excused from the obligation to make payments hereunder for services which PG&E is prevented from performing due to circumstances beyond its reasonable control. 11.3. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (i) by personal delivery, when delivered personally; (ii) by overnight courier, upon written verification of receipt; or (iii) by certified or registered mail, return receipt requested, upon verification of receipt. Notices shall be addressed, if to Customer, to the primary business contact address given in the Accepted Proposal and, if to PG&E, to the address set forth above for payment. 11.4. Reporting Requirements. Customer must notify PG&E whether or not federal funds granted or otherwise awarded to Customer by or through the United States Department of Energy (collectively, the "Federal Funds") will be used to pay PG&E for the Service. If Customer decides to use such Federal Funds in connection with an Accepted Proposal, then Customer must notify PG&E within 5 days of its decision to use such Federal Funds. If Customer is required by any law or regulation to amend or revise the terms and conditions of any Accepted Proposal in a manner unacceptable to PG&E or if in PG&E's sole discretion PG&E determines it cannot comply with such obligations as amended or revised, whether or not PG&E has begun to perform such Accepted Proposal, PG&E shall have the right, in its discretion, to terminate such Accepted Proposal upon five (5) days' notice without further obligation or liability to Customer (except for the return of any funds Customer may have pre -paid for the Service and which remain uncommitted as of the effective date of such termination). CUSTOMER HEREBY WAIVES ANY CLAIM OF PROMISSORY ESTOPPELS WITH RESPECT TO PG&E'S TERMINATION OF ANY ACCEPTED PROPOSAL UNDER THE CIRCUMSTANCES DESCRIBED IN THE FOREGOING SENTENCE. Page 5 of 14 F& Pacific Gas and Electric Company Agreement No: SLT-00 Name of City 11.5. Disputes. The parties will negotiate in good faith to expeditiously resolve any dispute, claim or controversy arising under or relating to this Agreement (including, without limitation, as to its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non -contractual claims) on a negotiated basis. If, in either party's reasonable judgment, such negotiations do not result in an amicable outcome after such party's good faith efforts over a period of at least thirty (30) days, such party shall be free to pursue all available remedies under law in any competent forum. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the Effective Date first set forth above. CUSTOMER Print Name: Signature: Date: PACIFIC GAS AND ELECTRIC COMPANY Print Name: Signature: Date: Page 6 of 14 Pacific Gas and Electric Company Agreement No: SLT-00_Name of City EXHIBIT A: FORM OF ACCEPTED PROPOSAL PROPOSAL NUMBER _ This Proposal is made and entered into as of , 20_ by and between [insert Customer's legal name] ("Customer") and Pacific Gas and Electric Company ("PG&E"). This Proposal is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of , 20_ (the "Agreement"). DESCRIPTION OF SERVICES Scope of Work: Estimated minimum number of days to complete scope of work: Date work is estimated to begin: Customer sites where work is to be performed (may attach spreadsheet of street lights): Type and number of street light fixtures to be replaced (may attach spreadsheet): 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 work. If in the process of performing the Service, active bird nests, and/or bee hives, wasps are discovered, PG&E will notify Customer of such condition and discontinue work on affected equipment. Contact information and warranty for the LED street light manufacturer is attached to this Proposal. MATERIALS DISPOSAL Customer will make space available at Customer -owned property for material storage and disposal during construction. PG&E will hold Customer harmless for damage to stored materials while on Customer's property. Customer site where PG&E may store materials and waste disposal bins: Address: 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. TRAFFIC CONTROL PLAN Page 7 of 14 FFPacific Gas and Agreement No: SLT-00 Name of City 6 &. Electric Company 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 SCHEDULE PG&E estimates the services under this Proposal will cost $ . However, Customer will be invoiced for actual installations (location and size of fixture). The estimate will not be exceeded without Customer's prior approval. This price does O does not O subtract the value of the LED streetlight rebates from the cost to provide the Services. Payment Schedule: Initial Payment: Upon ordering of materials, Customer will be invoiced 50% of the total amount of the contract. Final Payment: Customer will be invoiced for final 50% payment upon completion of this 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 Customer 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 will reference the Agreement and this Proposal and be submitted to Customer's billing address as set 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: _ Title: _ Address: Telephone: Email: Customer's primary business contact for this Proposal: Name: _ Title: _ Address: Telephone: Page 8 of 14 Pacific Gas and Electric Company Email: CUSTOMER BILLING CONTACT Customer's billing contact for this Proposal: Name: _ Title: _ Address: Telephone: Email: Agreement No: SLT-00 Name of City IN WITNESS THEREOF, the parties agree to be bound by this Proposal as of the date first set forth above. CUSTOMER Print Name: Signature: Date: PACIFIC GAS AND ELECTRIC COMPANY Print Name: Signature: Date: Page 9 of 14 Pacific Gas and Electric Company Agreement No: SLT-00 Name of City EXHIBIT B FORM OF ADDITIONAL REPAIR WORK AGREEMENT REPAIR WORK AGREEMENT NUMBER This Additional Repair Work Agreement is made and entered into as of , 20_ by and between [insert Customer's legal name] ("Customer") and Pacific Gas and Electric Company ("PG&E"). This Repair Work Agreement is subject to the terms and conditions of the PG&E Products and Services Agreement between Customer and PG&E dated as of , 20_ (the "Agreement"). PG&E has informed the Customer of a repairable condition as described below. The Customer has requested that PG&E provide the necessary labor, equipment, and material to repair, replace or correct the condition on the Customer's equipment described below. Description of repairable condition: PG&E will invoice the Customer on a time and materials basis at the following labor rates (rates valid through 12/31/_): Straight time (8AM-5PM M -F): $ /hour Overtime: $ /hour Executed this _ day of Facility name: 20 IN WITNESS THEREOF, the parties agree to be bound by this Repair Work Agreement as of the date first set forth above. CUSTOMER Print Name: Signature: Date: PACIFIC GAS AND ELECTRIC COMPANY Print Name: Signature: Date: Page 10 of 14 Pacific Gas and Agreement No: SLT-00 Name of City I & Electric Company EXHIBIT C THIRD PARTY WARRANTIES 1. Street light manufacturer's contact information: (a) Cree LED Lighting Fixtures 1200 92nd Street Sturtevant, WI 53177-1854 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 1 to this Exhibit C. 2. Photo control warrantor's contact information: (a) Ripley Lighting Controls 2023 Platt Springs Road P.O. Box 3229 West Columbia, SC 29169 Phone: 803-939-4700 Fax: 803-939-4777 (b) The warranty period for the Ripley lighting controls is 12 years from date of manufacture. A copy of that warranty is set forth in Schedule 2 to this Exhibit C. Page 11 of 14 Pacific Gas and Electric Company Agreement No: SLT-00 Name of City SCHEDULE 1 TO EXHIBIT C LIMITED WARRANTY FOR CREE® LED LIGHTING FIXTURES (INCLUDING BETALEDO TECHNOLOGY; TRUEWHITE® TECHNOLOGY; AND ESSENTIA® FIXTURES) This limited warranty is provided by the Cree company described below ("Seller") to you as the original purchaser of the LED lighting product that is identified on Seller's invoice reflecting its original purchase (the "Product"). The Seller is the Cree Company identified as such on the 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. Seller warrants that the Product, when delivered in new condition and in its original packaging, will be free of defects in material and workmanship for a period of TEN (10) YEARS from the date of original purchase. The determination of whether the Product is defective shall be made by Seller 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 LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product. If Seller determines the Product is defective, Seller will elect, in its sole discretion, to refund you the purchase price of the Product, repair the Product or replace the Product. This limited warranty 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 by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes field labor and 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 remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Seller in 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 after your discovery of the defect, provide proof of purchase such as the invoice and comply with Seller's other warranty requirements. Upon receiving that notice, Seller may require you to 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 BetaLEDO Technology outdoor fixtures (specifically Class II as defined per IEC/EN60598), backup batteries, controls, occupancy sensors, photocells and other fixture accessories can be found at www.cree.com/lighting/products/warranty. Page 12 of 14 Pacific Gas and Electric Company Agreement No: SLT-00_Name of City THE FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 ANY EVENT BE LIMITED TO THE MONIES PAID TO SELLER FOR THAT DEFECTIVE 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 this warranty shall be effective for all orders placed with Seller on or after the effective date of such revised warranty. Page 13 of 14 Pacific Gas and Electric Company Agreement No: SLT-00 Name of City SCHEDULE 2 TO EXHIBIT C WARRANTY FOR RIPLEY LIGHTING CONTROLS RIPLEYCONTROLS DIVISION OF SOUTHCONN TECHNOLOOIKS INC Exclusive Features US TECHNOLOGY Zero [foss Switching Zero Cross Switching Technology: protects the device from inrush currents, commonly found in LED Luminaires. Microprocessor Control Intelligent Microprocessor: assures advanced Performance & Reliability Self -Healing Relay SELF -Healing Relay: allows unattended field restoration. Stuck relay contacts are a common failure point. Our Patent Pending technology actually works to un -stick the contacts, thus preventing wasted energy (day burners) and service calls. Tested at more than - Watz Larno 3 Tier Power Supply Technology 3 Tier Power Supply Circuitry: 640 Joule 33 mm MOV rated @ 40,000 Amps for pnmary protection Dual Zener Diode for secondary protection. 31 Layer of protection using a precision voltage regulator. TRJUF ilter Tru -Filter&: Spectral sensitivity matches that of the Human Eye; while competitor's Silicon Photodetector comes nowhere close. Phone: 803-939-4700 Fax: 803-939-4777 E-mail: Sales@RipleyLC.com www.RipieyLC.com ! �:j tj jf i t `_' Ripley's exclusive Longi-ife II Photocontrol POF "NEW Generation of Technologies that change the Game " Ripley Lighting Controls is pioneering new technologies raising the bar in the Street and Area Lighting Industry. Other Exclusive Features: • Electrolytic Capacitors rated 105 •C, with minimum 20,000 hour life at maximum voltage, current, & temperature • Completed circuit boards are conformal coated with silicone for Long Life • Double-wall thickness for strength and longevity in constant outdoor environment, optimized black Long Life polymer with maximum UV inhibitor • 1:1 Ratio Capable saves energy by reducing burn time. Allows for the light to turn off at the same light level as the tum on value. • ROHS Compliant IN packaged in Biodegradable Bags i-ai4 • WARRANTY: 12 years from date of manufacture •.00 Meets or exceeds rigid quality requirements of SouthConn Technologies Inc. and applicable rsnaoas ANSI C136.10, and C136.24 Standards 6 Page 14 of 14 6390LL-BK 6394LL 6395LL Nominal Voltage 60 Hz 120/208/240/277 480 347 Voltage Range 105-305 432-528 312-382 Fail Mode On Load Rating 1000 Watt Tungsten / 1800 VA Ballast Operating Temperature -40C to +70C (-40F to +158F) Photocell Infrared Filtering Silicon Phototransistor Dielectric Strength 5000 Volts between current carrying parts and metal surfaces Surge Protection Primary: 640 Soule MOV rated at 40,000 amp surge current— protects not only the photocontrol, but also the LED fixture Secondary: Z Zener diodes Third: Voltage Regulator Power Consumption 0.5 watts ® 120 V Time Delay Off (Instant On) 3 to 5 seconds Operating Light Levels (Standard Setbngs) Tum On 1.5 FC f .25 / Turn Off by 2.25 FC (Off: On Ratio - 1.5:1) ANSI Color Coded Cover: double -van thickness, W Stabilized Permanent Color 1 = r,nI i- polymer with extra UV inhibitor Black Yellow Green Options Fail Off -FO (Green) N/A N/A Frequency 60Hz Other Exclusive Features: • Electrolytic Capacitors rated 105 •C, with minimum 20,000 hour life at maximum voltage, current, & temperature • Completed circuit boards are conformal coated with silicone for Long Life • Double-wall thickness for strength and longevity in constant outdoor environment, optimized black Long Life polymer with maximum UV inhibitor • 1:1 Ratio Capable saves energy by reducing burn time. Allows for the light to turn off at the same light level as the tum on value. • ROHS Compliant IN packaged in Biodegradable Bags i-ai4 • WARRANTY: 12 years from date of manufacture •.00 Meets or exceeds rigid quality requirements of SouthConn Technologies Inc. and applicable rsnaoas ANSI C136.10, and C136.24 Standards 6 Page 14 of 14