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DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE)
WITH TANKO LIGHTING
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Tanko Lighting (“Consultant”), a Corporation for City Lighting LED Transition Assessment
(“Project”), and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set
forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further
specified in Consultant’s written Proposal as approved by City, except for any provision in the
Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as
otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance
with any applicable local, State, or Federal order regarding COVID-19.
2.2 Additional Services. City may request at any time during the Contract Time that Consultant
provide additional services for the Project, which are not already encompassed, expressly or implicitly,
in the Agreement, the Scope of Services, or the Proposal (“Additional Services”). Additional Services
must be authorized in writing by City and Consultant will not be paid for unauthorized Additional
Services rendered. Additional Services are subject to all the provisions applicable to Basic Services,
except and only to the extent otherwise specified by City in writing.
All references to “Services” in the Agreement include Basic Services and Additional Services, unless
otherwise stated in writing. The Services may be divided into separate sequential tasks, as further
specified in this Agreement, the Scope of Services, and Consultant’s Proposal.
Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must
promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or
mitigate any delay, liability, and costs resulting from its errors or omissions.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2022, unless
terminated earlier as provided herein (“Contract Time”). The City’s appropriate department head or
City Manager may extend the Contract Time through a written amendment to this Agreement,
provided such extension does not include additional contract funds. Extensions requiring additional
contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit
B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of
any actual or potential delay in providing the Services as scheduled to afford the Parties adequate
opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin
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work on each separate task upon receiving City’s Notice to Proceed (“NTP”), and must complete each
task within the time specified in Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient
time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic
Services and Additional Services, if approved, a cumulative total amount that will be capped so as not
to exceed $6,500.00 (“Contract Price”), as specified in Exhibit C, Compensation, attached and
incorporated here. The Contract Price includes all expenses and reimbursements and will remain in
place even if Consultant’s actual costs exceed the capped amount. No extra work or payment is
permitted in excess of the Contract Price.
4.2 Basic Services. City will pay Consultant $6,500.00 (“Lump Sum Price”) for the complete and
satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is
inclusive of all time and expenses, including, but not limited to, sub-Consultants’ costs, materials,
supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed,
Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage
of Basic Services that were completed to City’s reasonable satisfaction.
4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional
Services up to an amount not to exceed $0.00 Additional Services provided to City’s reasonable
satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance
will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an
hourly basis, Consultant will be compensated for actual costs only of normal business expenses and
overhead, with no markup or surcharge (“Reimbursable Expenses”). Consultant will not be entitled to
reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City
offices or to the Project site.
4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the
Amount due for the preceding month. City will pay Consultant within thirty (30) days following
receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize
and provide subtotals for Basic Services and Additional Services, and must state the percentage of
completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any
disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is
unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts
shall be subject to the Dispute Resolution provision of this Agreement.
a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice
must also include, for each day of Services provided: (i) name and title of each person
providing Services; (ii) a succinct summary of the Services performed by each person;
(iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing
rate or Sub- Consultant charge and payment due; and (v) an itemized list with amounts
and explanation for all permitted reimbursable expenses.
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b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the
City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract
Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses.
5. INDEPENDENT CONTRACTOR
5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture
of the City. Consultant is solely responsible for the means and methods of performing the Services
and shall exercise full control over the employment, direction, compensation and discharge of all
persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits,
worker’s compensation, retirement, or any City benefit.
5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub-
Consultants that they have the qualifications and skills to perform the Services in a competent and
professional manner, as exercised by design professionals performing similar services in the S an
Francisco Bay Area. Services may only be performed by qualified and experienced personnel or
subconsultants who are not employed by City and do not have any contractual relationship with City
excepting this Agreement. All Services must be performed as specified to City’s reasonable satisfaction.
5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that
they are properly licensed, registered, and/or certified to perform the Services, as required by law, and
that they have procured a valid City Business License, if required by the Cupertino Municipal Code.
5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant’s
employees and sub-Consultants whose names are included in this Agreement and incorporated
Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to
furnish proof of insurance for workers’ compensation, commercial liability, auto, and professional
liability in reasonable conformity to the insurance required of Consultant. The terms and conditions
of this Agreement shall be binding on all sub-Consultants relative to the portion of their work.
5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all
tools, materials, and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Consultant
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Consultant’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to
the California Public Employees Retirement System (PERS), the Internal Revenue Service or the
State Employment Development Division, determine that Consultant, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the City
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as a result of such determination, so that the City’s total expenses under this Agreement are not
greater than they would have been had the determination not been made.
5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and
those of its sub-Consultants, and must take prompt measures to avoid, mitigate, and correct them at
its sole expense.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details, the disclosure of
which to third parties may be damaging to City. Consultant shall hold in confidence all City
information and use it only to perform this Agreement. Consultant shall exercise the same standard of
care to protect City information as a reasonably prudent Consultant would use to protect its own
proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest
(including copyright interests) of Consultant in any product, memoranda, study, report, map, plan,
drawing, specification, data, record, document, or other information or work, in any medium, prepared
by Consultant under this Agreement (“Work Product”), will be the exclusive property of the City upon
completion of the work to be performed hereunder or upon termination of this Agreement, to the
extent requested by City. In any case, no Work Product shall be shown to a third-party without prior
written approval by City
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work
Product prepared/created by Consultant and its sub-Consultants and all copyrights in such Work
Product shall constitute City property. If it is determined under federal law that the Work Product is
not “works for hire,” Consultant hereby assigns to City all copyrights to the Work Product when and
as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its
standard details, but hereby grants City a perpetual, non-exclusive license to use such details.
7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of
the following, but Consultant shall not be responsible or liable for City’s re-use of Work Product:
(a) For work related to the original Services for which Consultant was hired;
(b) To complete the original Services with City personnel, agents or other Consultants;
(c) To make subsequent additions to the original Services; and/or
(d) For other City projects.
7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of
the Deliverables required under this Agreement, which shall be provided to City on recycled paper and
copied on both sides, except for one single-sided original. Large-scale architectural plans and similar
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items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in
Microsoft Office applications and PDF formats.
8. RECORDS
8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the
Services and Compensation, in accordance with generally accepted accounting principles and
procedures. The records must include detailed information about Consultant’s performance,
benchmarks, and deliverables. The records and supporting documents must be kept separate from
other files and maintained for a period of four (4) years from the date of City’s final payment.
8.2 Consultant will provide City full access to Consultant’s books and records for review and
audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data,
documents, proceedings, and activities related to this Agreement. If a supplemental examination or
audit of Consultant’s records discloses non-compliance with appropriate internal financial controls, a
contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the
costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided
access to records of reimbursable expenses and the instruments of service/deliverables for review and
audit. This Section 8 survives the expiration/termination of this Agreement.
8.3 Consultant acknowledges that certain documents generated or received by Consultant in
connection with the performance of this Agreement, including but not limited to correspondence
between Consultant and any third party, are public records under the California Public Records Act,
California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the
retention of public records and shall make such records available to the City upon request by the City,
or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall
not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or
more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors
and assignees.
10. PUBLICITY / SIGNS
Any publicity generated by Consultant for the project under this Agreement, during the term of this
Agreement and for one (1) year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including
flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper
articles. No signs may be posted, exhibited, or displayed on or about City property, except signage
required by law or this Agreement, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law and except for losses caused by the sole or active
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negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold
harmless the City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of
design professional services by a design professional as defined in California Civil Code Section
2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its
officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from
and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without
limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of
every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or
willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors
(collectively and/or individually “Consultant”), in the performance of this Agreement or failure to
comply with any obligations of the Agreement. If it is finally determined (through a non-appealable
judgment or an agreement between City and Consultant) that liability is caused by the comparative
negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless
obligation shall not exceed Consultant’s finally determined percentage of liability based upon the
comparative fault of Consultant.
Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide
or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall
reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert
fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct
of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s
proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California
Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and
hold harmless Indemnitees from and against any claim involving intellectual property,
infringement, or violation of a United States patent right or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or
relates to Consultant’s negligence, recklessness, or willful misconduct. Such costs and expenses
will include reasonable attorney fees for legal counsel of City’s choice, expert fees, and all other
costs and fees of litigation.
c. Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to
the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to
by City), and indemnify City and its officers, officials, agents, employees, and volunteers
(collectively and/or individually “City”) from and against any and all liability, claim, loss, damage,
expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of
every nature arising out of, related to, or in connection with the performance of work hereunder by
Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of
the same to comply with any of the obligations contained in this Agreement, except such loss or
damage which was caused by the sole negligence or sole willful misconduct of the City.
Consultant’s duty to defend applies immediately, whether or not liability is established. An allegation
or determination that persons other than Contractor are responsible for the claim does not relieve
Contractor from its separate and distinct obligation to defend as stated herein.
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11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or
lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the
Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions.
Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of
Consultant against any Indemnitee.
11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related
to Consultant’s indemnification duties, including reasonable attorney fees, fees for legal counsel
acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a
purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City
may deduct money from Consultant’s payments to cover moneys due to City.
11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this Section 11 from each and every subcontractor, or any other person or entity
involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of
City to monitor compliance with these requirements imposes no additional obligations on City and
will in no way act as a waiver of any rights hereunder.
11.5 This Section 11 shall survive expiration or termination of this Agreement.
12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance
with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute
the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations covered,
and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or
in its sole discretion purchase insurance at Consultant’s expense and deduct costs from payments to
Consultant.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this
Agreement. Consultant will promptly notify City of changes in the law or other conditions that may
affect the Project or Consultant’s ability to perform. Consultant is responsible for verifying the
employment authorization of employees performing the Services, as required by the Immigration
Reform and Control Act, or other federal or state law, rule or regulation.
13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the
Services include a “public works” component, Consultant must comply with prevailing wage laws
under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must
comply with City’s Labor Compliance Program and with state labor laws pertaining to working days,
overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or
more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5.
13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any
other protected classification. Consultant shall comply with all anti-discrimination laws, including
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Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.
Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination
by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or
any other person is strictly prohibited. Consultant agrees to provide records and documentation to the
City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations
applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no
public official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement in violation of California Government Code Section 1090 et seq. Consultant may be
required to file a conflict of interest form if Consultant makes certain governmental decisions or serves
in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and
other laws. Services may only be performed by persons who are not employed by City and who do not
have any contractual relationship with City, with the exception of this Agreement. Consultant is
familiar with and agrees to abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its
rights and remedies under law and this Agreement, including the right to seek indemnification under
Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss,
liability, and expenses arising from noncompliance with this Section.
14. PROJECT COORDINATION
14.1 City Project Manager. The City’s Project Manager for all purposes under this Agreement will
be Ryan Do, who shall have the authority to manage this Agreement and oversee the progress and
performance of the Services. City in its sole discretion may substitute another Project Manager at any
time and will advise Consultant of the new representative.
14.2 Consultant Project Manager. Subject to City’s reasonable approval, Consultant’s Project
Manager for all purposes under this Agreement will be Jason Tanko, who shall be the single
representative for Consultant with the authority to manage compliance with this Agreement and
oversee the progress and performance of the Services. This includes responsibility for coordinating and
scheduling the Services in accordance with City instructions, service orders, and the Schedule of
Performance, and providing regular updates to the City’s Project Manager on the Project status,
progress, and any delays. City written approval is required prior to Consultant substituting a new
Project Manager, which shall result in no additional costs to City or Project delays.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant.
Consultant will be compensated for satisfactory Services performed through the date of abandonment
and will be given reasonable time to assemble the work and close out the Services. No close out work
shall be conducted without City reasonable approval of closure costs, which may not exceed ten
percent (10%) of the total time expended to the date of abandonment. All charges including job
closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30)
days of Consultant’s final invoice reasonably approved by the City.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable
written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant
will be paid for satisfactory Services rendered through the date of termination, but final payment will
not be made until Consultant closes out the Services and delivers all Work Product to City. All
charges approved by City including job closure costs will be paid within thirty (30) days of
Consultant’s final invoice.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules
which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Consultant must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court against City. The Agreement and obligations of the parties are subject to all valid
laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities). If a dispute arises, Consultant must continue to provide the Services
pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be
supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other
proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party
will be entitled to reasonable attorney fees and costs. This Section 18 survives the
expiration/termination of this Agreement.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of any breach shall not be deemed to constitute waiver of another term,
provision, covenant, or condition or a subsequent breach, whether of the same or a different character
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of the Parties, of every kind or nature,
and supersedes any and all other agreements and understandings, either oral or written,
between them. Any modification of this Agreement will be effective only if in writing and signed by
each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend
or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this
main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of
the main Agreement shall prevail and be controlling.
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22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemed to be included and will be
inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or
omission of a required provision.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and
effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without
limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full
force and effect.
26. NOTICES
All notices, requests, and approvals must be sent to the persons below in writing to the persons
below, and will be considered effective on the date of personal delivery, the delivery date confirmed
by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States
Mail, postage prepaid, registered or certified, or the next business day following electronic
submission:
To City of Cupertino:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Ryan Do
Email: RyanD@cupertino.org
To Consultant:
Tanko Lighting
220 Bayshore Blvd.
San Francisco, CA 94124
Attention: Jason Tanko
Email: jason@tankolighting.com
27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant
has the right, power, and authority to enter into this Agreement and carry out all actions herein, and
that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of
Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original
and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective
Date stated earlier in this Agreement.
CITY OF CUPERTINO TANKO LIGHTING
A Municipal Corporation
By
Name
Title
Date
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Jason Tanko
Chief Executive Officer
Nov 29, 2021
Jason Tanko
Christopher D. Jensen
Susan Michael
Nov 29, 2021
CIP Manager
Susan Michael
Nov 29, 2021
PROPOSAL TO THE CITY OF CUPERTINO, CA
Submitted by:
Jason Tanko
Chief Executive Officer
Tanko Streetlighting, Inc.
220 Bayshore Boulevard
San Francisco, CA 94124
Submitted to:
Ryan Do
Project Manager, Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RyanD@cupertino.org
Date Submitted:
September 27, 2021
Tanko Lighting
Copyright | All Rights Reserved
FOR
LED STREETLIGHT TRANSITION ASSESSMENT
Exhibits A, B, C
Page 2 of 21 www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626
CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
TABLE OF CONTENTS
Cover Letter ..................................................................................................................................................................... 3
Company Profile ............................................................................................................................................................... 4
References ....................................................................................................................................................................... 7
Scope of Services ............................................................................................................................................................. 8
Task 1: Data Review .................................................................................................................................................. 8
Task 2: Standards/Guidelines Review ...................................................................................................................... 8
Task 3: Financial Analysis of LED Improvements ...................................................................................................... 8
Task 4: LED Streetlight Design Guidelines ................................................................................................................ 9
Optional Scope of Services ............................................................................................................................................ 10
Project Development (Optional) ............................................................................................................................. 10
Task 1: Comprehensive GIS Audit of Existing Streetlights .................................................................................... 10
Task 2: Data Reconciliation .................................................................................................................................... 12
Task 3: Design ......................................................................................................................................................... 12
LED Streetlight Conversion (Optional) .................................................................................................................... 15
Task 1: Financing Options ....................................................................................................................................... 15
Task 2: Materials Procurement .............................................................................................................................. 15
Task 3: Community Outreach and Notification ...................................................................................................... 16
Task 4: Logistics Management ................................................................................................................................ 16
Task 5: Installation .................................................................................................................................................. 16
Task 6: Commissioning............................................................................................................................................ 18
Task 7: Rebate & Tariff Change Coordination ........................................................................................................ 18
Task 8: Final Reporting ............................................................................................................................................ 19
Ownership Support (Optional) ................................................................................................................................ 19
Task 1. Certified Appraisal ....................................................................................................................................... 19
Task 2. Ownership Negotiations ............................................................................................................................. 19
Final Ownership Transfer Support (Optional) ......................................................................................................... 20
Task 1. Final Coordination of Ownership Transfer ................................................................................................. 20
Task 2. Pole Labeling (Optional) .............................................................................................................................. 20
Proposed Pricing ............................................................................................................................................................ 21
Appendices ..................................................................................................................................................................... 21
• Appendix A – Projects List & Letters of Reference ......................................................................................... 21
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CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
COVER LETTER
September 27, 2021
Ryan Do
Project Manager, Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RyanD@cupertino.org
Dear Mr. Do,
Tanko Streetlighting, Inc. (“Tanko Lighting”) appreciates the opportunity to submit this proposal for an LED Streetlight Transition
Assessment to the City of Cupertino, CA.
Tanko Lighting is a national firm focused solely on providing professional services for turn-key municipal energy efficiency streetlight
conversion projects. Our firm has previously been or is currently involved with the energy efficiency conversion of more than 591,000
streetlights throughout the nation – and is actively developing projects for an additional 550,000 streetlight fixtures. Our work has
spanned more than twenty-three states, and fifty-five utilities – including dozens of projects throughout California.
Given Tanko Lighting’s extensive involvement with municipal streetlight LED design and conversion projects nationwide – and in the State
of California – our team can leverage its expertise to provide the necessary context and value to assist the City with all the support,
recommendations and coordination necessary to ensure the success of this project. Please let us know should you have any questions.
We look forward to your feedback.
Regards,
Jason Tanko
Chief Executive Officer
Enclosures
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CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
COMPANY PROFILE
Our Purpose: Tanko Lighting enhances
municipal communities through the detailed
implementation of energy efficient
streetlighting, dynamic GIS data, and Smart
City technologies. Our expertise in municipal
energy strategies allows us to remove barriers,
create advancements, and shape the future of
municipalities and their residents.
Our History: For more than 18 years – since
2003, Tanko Streetlighting, Inc. (“Tanko
Lighting”) has assisted municipalities with their streetlighting needs and is a national firm solely focused on providing professional services
for turn-key municipal streetlighting projects. In our early days, we focused on re-manufacturing High Pressure Sodium (HPS) fixtures,
providing a cost-effective waste diversion strategy by rebuilding existing fixtures to be re-deployed back into the field. This kept costs low
and was a better option for clients than buying new streetlights. However, with the advent of Light Emitting Diode (LED) technology, we
realized that we could no longer compete with commodity-priced and energy efficient LED streetlight fixtures. Thus, in 2011, we shifted
our business model to focus on services to help municipalities comprehensively upgrade their streetlight systems to the most energy
efficient options. Our evolution demonstrates three notable elements about our company:
1. Our technical knowledge. Our history as a streetlight manufacturer means that we have a thorough understanding of the
technical components of a streetlight system. We know what quality looks like, as well as how a streetlight system operates over
time and the challenges and needs of an ongoing streetlight infrastructure.
2. Our agility. We are a nimble organization. Our agility serves us – not only in our company’s successful evolution of its business
model but on an ongoing basis because we are a learning organization that is constantly evaluating our processes and striving to
perfect them.
3. Our passion. It may be a strange passion, but streetlighting is what drives us to the point that, rather than shutter our doors
years ago when faced with the sunset of our original business model, we pivoted to a new model that continued to foster our
core competency and interest – our passion for streetlighting. This passion translates into our focus on ensuring that projects
are done well.
Our Qualifications: As a municipal streetlighting expert, Tanko Lighting is uniquely qualified to assist the City with this project. Please find
several elements demonstrating our firm’s capabilities to accomplish this project below:
• Municipal Streetlight Experience: We are solely dedicated to municipal streetlighting projects – with an entire staff exclusively
focused on such projects. As such, we have a large portfolio of active municipal streetlight projects, have previously been or
are currently involved with the energy efficiency conversion of more than 591,000 streetlights throughout the nation, and are
actively developing projects for an additional 550,000+ streetlight fixtures. Additionally, our work spans more than twenty-
three states, and fifty-five utilities. Our company’s sole focus on streetlighting distinguishes it from others, which focus on diverse
measures and renders them generalists, while we are streetlight specialists. Finally, our expertise has been forged by diverse
project types – including various sized projects (ranging from as large as 38,000+ fixtures to as few as 49 fixtures), as well as
incredibly complex projects, derived from such factors as square mileage/area, complicated data, inconsistent existing design,
and complex scopes of work.
• Technical Knowledge: Tanko Lighting has significant technical expertise centered on municipal streetlighting infrastructure. Led
by an electrical engineer and licensed electrical contractor, Jason Tanko (Chief Executive Officer), our team understands the field
conditions and system constraints that are often involved with municipal streetlighting projects. This enables the team to
accurately design projects to prevent anticipated challenges, as well as quickly respond with streamlined solutions in the event
of technical difficulties during a project.
Sole Focus on
Municipal
Streetlighting
591,000+
Streetlights
in Contract
192,000+
Streetlights
Acquired
45,000+
Fixtures
Maintained
155+
Nationwide
Projects
Why Tanko Lighting?
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CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
• Project Management Experience: Tanko Lighting utilizes the
extensive experience and organizational skills of its in-house
project managers to develop project timelines and manage
schedules. Because of our organizational skills, our projects are
completed within the client’s required timeline and the company
has never paid any liquidated damages to a client for failing to
complete a project. Further, it should be noted that our team has
never received any “Cure Notices” or other written notices
regarding poor/unsatisfactory performance.
• National/Regional Context: Tanko Lighting’s broad experience
with feasibility, and design and implementation of streetlight
projects provides tremendous national context that will benefit the
City by ensuring that the project is consistent with industry
standards during each phase of the project. We have also been
involved in similar projects with several municipalities in the
region, including for the Cities of Hayward, Napa, Sonoma, Berkeley, Vallejo, Alameda, Oakland, Sunnyvale, and Santa Clara, CA.
• Experience with Ownership Projects: There is a growing nationwide industry trend in which municipalities are acquiring their
streetlight infrastructure from their local private utility companies. This poses tremendous advantages to the municipality, in
that not only does it allow the municipality to control the management of the system within its geographic borders, but it also
involves tremendous cost savings – particularly related to maintenance and energy (as many utilities charge exorbitant fees for
energy and maintenance rates for the systems). Further, once a municipality purchases its system, it can reap additional savings
benefits by converting to LED fixtures. Tanko Lighting has been working with several municipalities nationwide to assist in their
streetlight ownership strategies from investor-owned utilities. Our team’s experience with ownership projects includes providing
valuation, field data collection, ownership feasibility analysis, and ownership negotiations with the utility on behalf of the client.
A small sample list of recent projects involving ownership support include the following municipalities:
Tanko Lighting’s Sample Set of
Ownership Support Projects
Municipality Name # of Fixtures
Andover, MA 1,500
Ballwin, MO 2,100
Buffalo, NY 33,000
East Lyme, CT 1,500
Independence, OH 1,000
Killeen, TX 4,400
Santa Clarita, CA 17,200
• Data Management: Tanko Lighting believes that utilizing data collection and analysis throughout all stages of a project results
in superior project management. We built our own in-house data team with the right blend of both streetlighting technical
expertise and data analysis skills to collect and reconcile accurate project data. While others often subcontract data collection
and management, our team retains these activities in-house to better inform the design and project management processes.
Field staff are provided devices that track the Global Position System (GPS) coordinates and other characteristics of the existing
fixtures for the design and development phase. Additionally, our team utilizes the most state-of-the-art technology with the
highest degree of spatial accuracy and utilize the industry standard software – ESRI’s ArcGIS – to process data and provide shape
files that are fully compatible with clients’ GIS records. Our field auditors have accurately collected data on hundreds of
thousands of streetlight fixtures – ensuring that the City’s audit will be conducted by highly qualified professionals with
tremendous field experience. As a result, our projects are well-designed, streamlined, accurate, efficient, and cost effective.
Our focus on data results in significant transparency throughout all phases of the project.
• Data Reconciliation: Reconciling the initial data with existing City records is critical to providing an accurate final existing
inventory. In our experience, most initial utility inventory records are highly inaccurate, which can lead to overstating or
understating the quantity of existing assets. In countless projects, our team has demonstrated its ability to reconcile audit data,
Tanko Lighting’s office – where streetlighting is integrated into
the fabric of everything we do.
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as well as provide substantiated evidence to utility companies when field conditions vary from initial utility-provided inventory
records.
• Design: Any consultant can select streetlight fixtures from a catalog, but only an expert can walk the City through its specific
nuances and existing field conditions that warrant a customized approach to design of standards. As a streetlight design expert,
Tanko Lighting is equipped to provide a comprehensive approach to the design process. Because of our nationwide experience,
we have tremendous context from which to base our LED design recommendations. Tanko Lighting is product neutral and has
worked with all the major LED streetlight manufacturers, including cobra head, as well as decorative products. Yet, we do not
merely rely on manufacturers for information related to design but have the knowledge and skills to interpret how manufacturer
data impacts a client’s needs. We utilize industry guidelines (including Illuminating Engineering Society (IES) RP8 guidelines),
which form the basis of design. Additionally, our team obtains client feedback (from such stakeholders as safety coordinators
and police officers), considers areas of concern that are currently over or under-lit, and applies customized solutions to these
locations so that a municipality’s project results in a comprehensive re-design that improves public safety and meets the needs
of the current system. We appeal to the traditional aesthetics of municipalities’ decorative fixtures by utilizing a custom design
approach for these specific fixture types, including unique designs for retrofit kits (which preserve aesthetics, improve light
quality, and significantly reduce costs over entire replacement fixtures). We believe that customized approaches to design are
integral to successful projects, so our team places significant focus on this critical process. This is in contrast with other firms,
which often apply a cookie cutter approach to design that oversimplifies areas that are currently being over or under-lit.
• Selective Subcontracting: Our team is highly aware of its core competencies. We
retain the essential project activities (such as design, engineering, data
collection/reconciliation, product procurement and project management) in-
house to ensure that the project is run cost-effectively, efficiently and
successfully. We also practice selective subcontracting, in that we source out
limited key project activities (such as installation) to qualified (e.g. a stellar
reputation and stable bonding capacity), licensed streetlight experts local to the
project to obtain competitive pricing and prevent the project from accruing
unnecessary costs and change orders. Further, selective subcontracting allows
our firm the flexibility to obtain additional installation resources as needed, and
allows the City to invest in the local economy and leverage local expertise by
including local subcontractors in the project.
• Accessibility: As a mid-sized firm, Tanko Lighting provides its municipal clients
with all the necessary resources to successfully accomplish complex streetlighting
projects – without the challenges of a large, bureaucratic firm. This enables every
client to receive personal attention, with a primary point of contact (the Project
Manager) providing superior customer service through responsiveness,
accessibility, and the agility to create expedited decisions and solutions leading to
effective results. Further, our firm’s size enables all clients to have direct access
to the company’s Chief Executive Officer, Jason Tanko, at any point during the
project – which results in clients having an industry expert available at their
fingertips.
Our Successes: Our success lies in our unique passion for streetlighting, which translates
into a drive to ensure that projects are successfully completed. We are tremendously
aware of how critical client satisfaction is to our success. Thus, we strive to make every
client an enthusiastic reference for future work. Clients are receptive to this drive, to the
point that they frequently recommend us to other municipalities. Please find a full list of
our projects and letters of recommendation in Appendix A. A few of our major successes
include:
• City of Berkeley, CA: We provided the City of Berkeley with a comprehensive, turn-key project comprised of an audit of existing
inventory, data reconciliation, design, materials procurement, installation management, commissioning, rebate/rate changes, and
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final reporting for the LED conversion of the City’s ~8,000 streetlight fixtures. This project was complicated by numerous different
types of decorative fixtures, which our team was able to standardize and convert to LED.
• City of Alameda, CA: We provided the City of Alameda with a comprehensive, turn-key project comprised of an audit of existing
inventory, data reconciliation, design, materials procurement, installation management, commissioning, rebate/rate changes, and
final reporting for the LED conversion of the City’s ~3,200 streetlight fixtures.
• City of Napa, CA: We provided the City of Napa with a comprehensive, turn-key project comprised of an audit of existing inventory,
data reconciliation, design, materials procurement, installation management, commissioning, rebate/rate changes, and final
reporting for the LED conversion of the City’s ~4,779 streetlight fixtures.
• City of Sonoma, CA: We provided the City of Sonoma with a comprehensive, turn-key project comprised of an audit of existing
inventory, data reconciliation, design, materials procurement, installation management, commissioning, rebate/rate changes, and
final reporting for the LED conversion of the City’s ~1,144 streetlight fixtures.
• City of Sunnyvale, CA: We provided the City of Sunnyvale with a comprehensive, turn-key project comprised of an audit of existing
inventory, data reconciliation, design, materials procurement, installation management, commissioning, rebate/rate changes, and
final reporting for the LED conversion of the City’s ~6,400 streetlight fixtures.
REFERENCES
Please find a sample of Tanko Lighting’s
references below. Please note that, since there
have been a limited number of municipal
streetlight conversion projects in Maine to date,
we are providing a few references from similar
projects in the greater Northeast.
City of Tustin, CA
Stacey Cueva, Public Works Manager
714-573-3037
SCuevas@tustinca.org
300 Centennial Way, Tustin CA 92780
Description of Services: Tanko Lighting provided
audit, data reconciliation, feasibility analysis, and
ownership support for the City’s LED streetlight
conversion project. Tanko Lighting recently substantial completion of the LED conversion on time and on budget.
City of Berkeley, CA
Reeve Battle, Engineer
(510) 981-6336
RBattle@ci.berkeley.ca.us
1947 Center St # 400, Berkeley, CA 94704
Description of Services: Tanko Lighting provided the City of Berkeley with turn-key support to implement its comprehensive street light
conversion project of approximately 8,000+ cobra head and decorative fixtures. Tanko Lighting provided project management support,
engineering services (including a comprehensive neighborhood design process), cost-benefit analysis of various technologies, field light
measurement analyses, GIS field auditing and commissioning, product procurement, environmental disposal/recycling, data reconciliation,
installation management, rebate/rate change support, reporting for available State financing, and administrative services.
City of Modesto, CA
Jeff Barnes, Manager
209-577-5468
Jbarnes@modestogov.com
176
Contracts
20 States
591K
Fixtures
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CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
1010 Tenth Street, Suite 5300, Modesto, CA 95353
Description of Services: Tanko Lighting provided the City of Modesto with turn-key support
to implement its comprehensive street light conversion project of approximately 9,500
fixtures. Tanko Lighting provided project management support, GIS auditing, design, data
reconciliation, and administrative services.
SCOPE OF SERVICES
We understand that the City’s streetlight system is currently comprised of induction
fixtures, and a small portion of fixtures are still owned by the utility company, Pacific Gas
& Electric. The City has requested a scope of work that assists with reviewing the existing
streetlight inventory data, as well as existing standards/guidelines, and developing a
financial analysis for converting the City-owned streetlights to LED, as well as developing
updated design guidelines for an LED streetlight system. Please find our approach to these
tasks below. We are also proposing additional (optional) tasks in the supplemental section
below that we feel will optimize this project for the City’s consideration.
Task 1: Data Review
Our team will analyze background documents, including the streetlight report
spreadsheet, GIS map with existing streetlight locations and spacing, and other
information on streetlights from City. We will identify any missing information that is
critical to subsequent stages of the project and work with the City on a strategy to obtain
any additional needed data sets.
Please note that this task will not involve a comprehensive in-field audit of the existing
streetlight system – which is something we highly recommend and typically provide.
Please find more details on this approach in the Optional Scope of Services Tasks section
below.
Deliverables
• Data Review Report: A report identifying any missing information that is critical to subsequent stages of the project.
Task 2: Standards/Guidelines Review
Our team will review the City’s existing Glass and Lighting Standards (Dark Sky Ordinance - Cupertino Municipal Code Chapter 19.102), as
well as other industry guidelines, such as requirements outlined in the AASHTO Roadway Lighting Design Guide, the American National
Standard Institute/Illuminating Engineering Society of North America’s (ANSI/IESNA) RP-8 guideline, and the City’s current streetlight
spacing guidelines to confirm the City’s priorities.
Deliverables
• Priorities Report: A report of the City’s confirmed standards/guidelines priorities.
Task 3: Financial Analysis of LED Improvements
We will assess the costs, benefits (including the ongoing LS-2 flat rate savings), and opportunities of the proposed LED improvements and
develop a financial analysis. This will include:
• Estimates of baseline energy use, energy cost and operations and maintenance costs
• Estimated retrofit energy use and operations and maintenance costs
• Estimated sources of funding, including rebates
• Calculation of estimated total conversion cost, energy reduction, simple payback, and return on investment (ROI)
• Estimated twenty-year projected savings and cash flows
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Our approach uses industry standards, published rates and operational hours, as well as conservative estimates on energy rate increases,
savings and costs, which enables greater actual savings than the model. These elements – in conjunction with the fact that streetlight
measures are not subject to the behavioral, weather, and other factors that can result in shifts in expected savings – enable minimal risk
and maximized return for the City. Based on our experience, the projected energy savings associated with streetlighting measures are in
line with (or are often understated compared with) realized energy savings upon completion of the project. Because the use of the
streetlight facilities is constant, elaborate verification approaches over time are not necessary and the City’s utility bills are the best
indicators of consistency of savings. Given that the rated life of all the LED fixtures that we will recommend is greater than twenty years,
as well as the consistency of the annual operating hours, the savings verified from the first-year utility bills will be consistent for the rated
life of the fixtures – and will maximize return for the City for more than twenty years.
Deliverables
• Financial Analysis: A report of the estimated costs, savings and benefits of replacing the existing induction streetlight system with
LED fixtures.
Task 4: LED Streetlight Design Guidelines
We will develop general LED streetlight design guidelines. Where possible, this guideline will be consistent with existing relevant City
standards, as well as industry standards, and will provide elements to assist in future-proofing any anticipated growth throughout the
City. Our team will work with City staff to obtain feedback on areas throughout the City of particular concern, and will be sure to integrate
solutions for these into the final policies. Further, the guideline will consider the City’s current spacing guidelines and the existing
streetlight network.
Additionally, we will develop a lumens standard and general photometric patterns that are optimal for the City’s system.
Please note that this task will not provide specific LED replacement designs at a granular level. Please find more details on this approach
in the Optional Scope of Services Tasks section below.
Deliverables
• Design Guidelines: General LED streetlight design guidelines that integrate industry standards and consider the City’s current
streetlight infrastructure.
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CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
OPTIONAL SCOPE OF SERVICES
We recognize that the City has a vision for this project and have provided a scope of services that complies with this vision. However, if
the City is preparing for the eventual LED conversion of its streetlight system, there are a number of additional services our team can
provide that, based on our extensive experience with municipal streetlight projects nationwide, will optimize the City’s transition to LED
streetlights. Below is a list of optional tasks we believe the City should consider for this project.
Project Development (Optional)
Task 1: Comprehensive GIS Audit of Existing Streetlights
We understand that the City already has some GIS data on its streetlight
system. However, based on our initial review of the data, there are
elements missing (such as the lack of data on street types/widths, existing
shields, decorative fixtures, visible damage, etc.) that are crucial for a more
comprehensive design (see Task 3 below). Thus, we recommend that the
City consider utilizing our services for an updated and robust audit.
In our experience, a proper GIS audit is essential to equipping the client
with a comprehensive and accurate understanding of its existing
infrastructure. The GIS audit is pivotal, as the data collected enables
appropriate valuation and acquisition of the system. It also positions the
municipality or its contractor to effectively maintain the system, as well as
manage any system upgrades, such as LED conversion, which requires
detailed field data to properly design and install.
Our data-driven approach to project implementation has defined our
success. From GPS location coordinates to fixture wattages, accurate data
collection and data management is the backbone from which our methodology stems. As the vast majority of our clients are interested
in LED conversion of their systems, our auditors collect more than thirty fields of data per streetlight fixture to ensure that after the
ownership transfer, the same data set can be used to create an LED streetlight design customized to our clients' needs and tailored to
each light's unique location. This approach also enables us and our clients to streamline maintenance processes, as we know exactly
where each light is, the type of pole it is on, the type of fixture that is installed, etc., so that our maintenance crews can be prepared ahead
of time to respond to requests and minimize visiting the same fixture multiple times.
Tanko Lighting’s approach to the audit is an in-field strategy that poses the following advantages:
• Our initial audit has a 98% accuracy rate. Since we identify and rectify any missing data or errors, our final error rate is significantly
less than 1% - which is further rectified during the installation and final commissioning phases of a project.
• Deploying trained auditors to the field at the onset of the project enables our team to obtain the most definitive, up-to-date data
set possible. While we supplement our field data with digital data sources (e.g. aerial imagery, street-level imagery, and
municipal/utility inventories), the integrity of our audit is never dependent on the age or accuracy of available digital data sources.
• Our in-field approach provides the greatest accuracy and access to the pole and fixture. In person, we can identify potential
safety issues, such as leaning poles or structural damage to the pole/arm/fixture. We can also verify pole numbers/labels and
confirm any locations where numbers/labels are damaged or missing. This in-person verification of pole labels and exact locations
is also invaluable in reconciling the utility billing inventory with what we find in the field (see Task 2).
• Comprehensive access to the pole and fixture allows for a more conscientious design. Because our team collects so much
information that can only be gathered in person (e.g. fixture wattage, various height/distance measurements of the light and
street, and factors that inform lighting levels and distribution patterns), we can create a highly-customized design tailored to a
city’s specific lighting needs – and identify any concerns from the project start.
Tanko Lighting’s GIS audit is the backbone of the project– as the
precise data enables accuracy throughout all phases.
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• Knowing exactly what assets are in the field, as well as the current
condition of those assets, enables us to identify which assets are eligible
for purchase and determine a fair valuation of the lighting system.
• Collecting data in person gives our team the highest possible certainty of
what is in the field. This precision means that should the municipality
move forward with an LED conversion or other system-wide updates, the
municipality will be able to budget and procure for exactly what is in the
field - money is not wasted on over-ordering, nor is project completion
delayed by under-ordering. This precision also minimizes sloppy design
(and inherent lower energy savings) – which are more likely from a
subcontracted audit.
The preparation phase for the audit will involve the following activities that are
critical to the accuracy of the data collection:
• Tanko Lighting working with municipal staff to clearly define audit scope,
including priority areas, municipal boundaries, and any areas outside the
right-of-way that should be included.
• Our team developing and providing to municipal staff a list of the
attributes that will be collected at each light during the audit.
• City staff providing our team with all available City and utility records for
streetlights.
• Our team reviewing these data records to determine which should be
utilized for the data reconciliation phase.
• Our team developing audit maps, scheduling, and dispatching auditors to
the field.
Once the preparation phase is complete, the audit will commence. We typically
collect thirty data points on all of the City-owned and utility-owned streetlight
fixtures. We will develop the final list of data attributes with the City prior to the
commencement of the audit. Some of these attributes collected in the field
include:
• Global Positioning Service (GPS) coordinates (latitude, longitude) of each fixture location and date of capture
• Fixture type
• Lamp type and wattage
• Pole material, mounting height, and arm length
• Pole ID number
• Street width and configuration (e.g. intersection, crosswalk, cul-de-sac)
• Electrical feed (overhead, underground)
• Visible issues (e.g. pole leaning, fixture damage, tree obstruction)
Our auditors collect and transmit data points daily. We will compile data weekly to provide the municipality with a Weekly Audit Report
(a sample can be provided upon request). The Weekly Audit Report will enable the City to identify and address any immediate safety
concerns, as well as other issues – such as tree trimming – that may need attention prior to future maintenance or LED conversion.
Unlike other potential providers, Tanko Lighting is an industry expert focused solely on streetlighting. We have built our own in-house
data team with the right blend of both streetlighting technical expertise and data analysis skills to collect and reconcile accurate project
data (note that we never subcontract out the audit or data services). Further, our field auditors have accurately collected data on
hundreds of thousands of streetlight fixtures nationwide – ensuring that the City’s audit will be conducted by highly qualified professionals
with tremendous experience. This renders Tanko Lighting as the most qualified to perform the GIS audit, as our in-house staff is
significantly experienced in the nuances and characteristics of all streetlight configurations.
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Deliverables:
• Weekly Audit Reports: An overview map listing the locations
completed during the data collection phase, along with a
description of any issues that the municipality or utility would
need to devote immediate attention to.
• Audit Data: Record of fixtures found in the field audit and their
associated attributes, to be provided in geodatabase, shapefile, or
spreadsheet form (this deliverable will be provided after the
completion of the project).
Task 2: Data Reconciliation
Tanko Lighting has developed a methodology to capture every streetlight
asset owned by and/or billed to a municipality. Using precise GPS
technology and expert streetlighting GIS Analysts, our team reconciles
every asset it locates in the field with each record in the utility's billing
inventory to ensure that all assets eligible for acquisition have been
identified. In our team’s experience, cross referencing these various data
sources results in extremely precise and clean data. Projects typically have
a utility billing discrepancy of approximately 5 – 10 percent of the inventory
quantity, which can result in cities being over-billed by their utility. Any
such discrepancies will be identified during this phase of the project,
included in a data reconciliation report to the municipality, and taken into account during negotiations with the utility on the municipality's
behalf.
The data reconciliation report will include the following items:
• Analysis of locations confirmed during the audit
• Analysis of locations appearing in the utility records but not in the confirmed audit records
• Analysis of locations confirmed in the audit records but not in the utility records
Deliverables:
• Reconciliation Report: A concise report detailing any discrepancies found between field data and utility billing records, as
well as where records tied out cleanly. Note that any locations where discrepancies exist will not be included in the design
phase. Further, addressing these discrepancy locations with the utility will occur during the subsequent installation phase of
the project.
Task 3: Design
In Tanko Lighting’s experience, a comprehensive LED streetlight conversion project is the ideal opportunity for a municipality to reassess
its entire streetlighting design and ensure that field conditions are optimized for all applications in the design. To achieve this, our team
routinely conducts municipal-wide design processes for each of its turn-key streetlighting projects. Recent projects in which design
processes were implemented include Simi Valley, CA, La Verne, CA, Santa Clarita, CA, Chino Hills, CA, Fullerton, CA, Vernon, CT, and Malden,
MA Bristol, CT, and Norwich, CT. This experience has led to our team’s streamlined approach to design.
While the City has envisioned a task for this project involving the development of LED streetlight design guidelines, this is will be a general
blueprint and not a comprehensive design at a granular level. In our experience, designing to each existing streetlight location is critical
to ensure a streamlined and appropriate LED conversion. Thus, we highly recommend that the City consider our approach to a
comprehensive design for this project.
“At Graybar, we have worked with ESCOs around the
country and there is no organization that is as
professional, meticulous, and efficient as Tanko Lighting.
We have serviced over 300,000 streetlights with Tanko
Lighting and have had ZERO returns. Their audit is far more
comprehensive than any other audits we have seen in the
marketplace and allows for municipalities to have a true
grasp on their lighting system. Utilizing Tanko Lighting
ensures that the job will be completed on schedule and all
parties involved will be well informed. There is no
organization that can implement a streetlighting solution
the way that Tanko Lighting can.”
Kristian Reyes, Manager
Lighting and PowerSmart Solutions
Page 13 of 21 www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626
CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
Once our team has canvassed the City through the audit and established a “clean” data
set of the existing conditions (via the data reconciliation process), it can then develop
and apply a replacement design. Our team utilizes Illuminating Engineering Society
(IES) RP8 standards for roadways and right of ways. Additionally, we utilize Trade
Manual 12-12 for direction on light level equivalencies between HPS and LED and
maintain a working knowledge of all the latest publications and updates in the market.
However, there are many instances when municipal customers need to alter these
standards to best meet their specific needs. Thus, our team uses these types of
industry accepted standards as guidelines and works closely with the City to develop
customized proposed standards of comfort and functionality that match its needs.
Our goal will be to provide the City with an appropriate replacement design that
includes the brand of fixture, photocell, replacement wattages, color temperatures,
distribution patterns and other appropriate settings and options to optimize the LED
streetlight retrofit. The design will ultimately result in a replacement plan for all
existing streetlights that includes photometric data, lifecycle cost analysis (including
the initial capital outlay), net present value and return on investment, energy savings,
as well as maps of the replacement plan (see sample map on the right).
In our experience, a critical initial step in proper design involves photometric analysis
– which is an examination of the distribution or “spread” of light from the fixture onto
the ground. Whereas a typical High Pressure Sodium (HPS) fixture indiscriminately
throws the light in all directions, a typical LED fixture pinpoints the light spread to
where it is needed most – on the roadway (see graphic below).
Given that an LED streetlight conversion is a significant investment, ensuring that the replacement LED fixtures properly distribute the
light is imperative before the installation phase begins. The only way to confirm that the LED replacement fixtures improve the existing
conditions is to model the light spread of the existing and replacement fixtures.
Tanko Lighting is seasoned in this type of modeling. Our proven process may include both theoretical photometrics modeling
(demonstrating the light distribution from an aerial perspective at the fixture location), as well as photopic (which measures the light that
the cones of the eyes typically perceive) and scotopic (which measures the light that the rods of the eyes typically perceive) field
measurements obtained from directly under the fixture and at varying distances to the sides of and across the street from the fixture. The
results from these models portray the most accurate existing and replacement conditions that verify that the replacement LED fixtures
will improve the system.
Tanko Lighting’s approach to comprehensive design typically includes the following elements:
• Developing typical photometric layouts based on assumptions, including wattage, distribution type, pole height, spacing etc.
• Organizing the streetlight infrastructure by roadway classifications (such a residential, collector and arterial) and conducting
a minimum of three theoretic photometric layouts (representing the aforementioned roadway classifications) for
replacement fixtures of the City’s preferred fixture brands and lines. Developing theoretic photometric layouts for one
typical existing fixture per main roadway classification (one for residential, one for collector and one for arterial) to
demonstrate baseline conditions and utilize as a point of comparison to the photometric layouts for replacement fixtures.
• Applying standard LED replacement wattage recommendations based on the location of each existing HPS fixture.
• Addressing distribution pattern needs for the specific roadway types and neighborhood characteristics (such as cul-de-sac
locations) to ensure a tight light distribution pattern and minimize backlighting.
• Conferring with the City‘s safety coordinators and police officers to solicit feedback on areas that are currently over- or
under-lit and are public safety concerns.
• Coordinating an optional pilot project installation, including selecting appropriate fixture(s) to pilot, identifying locations to
pilot in, obtaining fixtures and coordinating with an installer. Tanko Lighting recommends that the pilot include the
installation of 8-10 fixtures, presumably in groups of 2, to evaluate differences in color temperature, wattage, etc. Upon
request, Tanko Lighting may conduct photopic/scotopic field light measurements, as w ell as manufacturer-provided
Tanko Lighting’s Municipal Overview Map shows an
entire municipality with recommended replacement
fixtures.
Page 14 of 21 www.tankolighting.com | 220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626
CITY OF CUPERTINO, CA | LED STREETLIGHT TRANSITION ASSESSMENT
photometric analyses before and after sample fixture
installations to confirm that the theoretical design is
appropriately meeting field conditions. If the City is
interested in a pilot installation, Tanko Lighting can
provide pricing upon request.
• Reviewing additional data sets (upon request and only if
there is readily-available data) to identify potential
areas in need of special consideration (such as available
data on important localized land uses (e.g. parks,
schools, hospitals, etc.), pedestrian, vehicle use and
crash data, relative volumes of pedestrian and bicycle
activity, unique neighborhood characteristics) and
incorporating the analysis of the additional data into the
design recommendations.
• Selecting appropriate wattages and distribution types
for replacement fixtures to meet the City’s needs, while
maintaining the objective of providing a simplified
design that standardizes inventory (so that the system
has consistency and can be more easily maintained over
time).
• Applying the City’s preferred products, typical models
and special considerations to its GIS inventory to
produce maps of the type and wattages by location (see
sample map on the previous page), as well as an analysis
of the total cost, incentives, savings, and payback for the
potential retrofit design.
• Presenting the options and total
cost/incentives/savings/payback to the City and obtain
its final approval on design.
Our team will guide the City through how to interpret the photometrics, reviewing how the results indicate the products’ spread of light,
the distances the fixtures reach, how much back light is present (which is wasted light), how much light is distributed directly under the
fixture (also wasted light), and the general containment of light in the road/right-of-way. The interpretation of the photometrics data will
enable the City to confidently choose a fixture that meets its preferences.
The overall benefits to Tanko Lighting’s design approach include:
• Standardization – The City is ensured that there is a consistent design method resulting in wattage continuity on its streets.
Standardization also leads to a reduction in the variety of fixtures that the City must keep in its inventory
• Safety – Based on the most updated field conditions, the City can be assured that the design matches the system’s current
needs and results in improved public safety from streets no longer being under or over lit
• Efficiency – The process takes a very thorough approach by examining all relevant field factors and thereby maximizes the
available savings by utilizing the most efficient design, while meeting light output needs
• Streamlined Installation – The process allows for the development of a detailed scope of work (via a map of all replacements)
by fixture for the installers to follow in the field – which enables more efficient materials gathering at the start of each work
day
Deliverables:
• Replacement Plan Maps: City-wide maps with recommended LED replacement wattages for the City to review and approve.
• Pilot Installation (Optional): Coordination of a pilot installation of a minimum number of City-preferred products.
Examples of the different light distribution patterns from an HPS
fixture (top) vs. an LED fixture (bottom).