Contract - Tanko Streetlighting - 6/24/2021 CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
AUDIT SUPPORT OF STREETLIGHT SYSTEM
WITH
TANKO STREETLIGHTING.INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional consulting services related to audit support of the
City of Round Rock's streetlight system (the "Agreement'), is made by and between the CITY
OF ROUND ROCK, a Texas home-rule municipal corporation with offices located at 221 East
Main Street, Round Rock, Texas 78664-5299 (the "City"), and TANKO STREETLIGHTING,
INC., located at 220 Bayshore Boulevard, San Francisco, California 94124 (the"Consultant").
RECITALS:
WHEREAS, professional consulting services related to audit services for the City's
streetlight system(the"Project"), are desired by the City; and
WHEREAS,City has determined that there is a need for the delineated services; and
WHEREAS,City desires to contract with Consultant for these services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder.
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE,DURATION,AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto,and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein,or is terminated as provided herein.
B. The term of this Agreement shall commence upon the effective date hereof and
terminate on December 31,2021.
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00473116/ss2
C. City and the Consultant reserve the right to review the Agreement at any time,
and may elect to terminate the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
Consultant has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A," which shall be referred to as the Proposal and Exhibit `B"
titled"Scope of Services,"which shall be referred to as the Scope of Services of this Agreement.
Said Exhibit"A"and Exhibit`B"shall be incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A" and Exhibit `B." Consultant shall perform services in accordance with this
Agreement, in accordance with the appended Proposal and Scope of Services and in accordance
with due care and prevailing consulting industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
and City agree that the Scope of Services to be performed is enumerated in Exhibit`B," attached
hereto and incorporated herein by reference, and may only be modified by a written
Supplemental Agreement executed by both parties as described in Section 9.0.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant an amount not-to-exceed Two Hundred Fifty Thousand and
No/100 Dollars ($250,000.00)as set forth in Exhibit"C"titled"Pricing," incorporated herein by
reference for all purposes.
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
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Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice,the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of amounts which the City has a right to withhold under this Agreement
or state law. The City shall be responsible for any sales, gross receipts or similar taxes
applicable to the services,but not for taxes based upon Consultant's net income.
6.0 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
https://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07.20112.pdf
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the performance
of the services under this Agreement are completed, or the date the City receives a correct
invoice for the services, whichever is later. Consultant may charge interest on an overdue
payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes
overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This
Prompt Payment Policy does not apply to payments made by the City in the event:
(a) There is a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the service performed that cause the payment
to be late;or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the service performed that
causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
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such termination by giving Consultant a written notice of termination at the end of its then-
current fiscal year.
9.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
10.0 TER UNATION• DEFAULT
Termination: It is agreed and understood by Consultant that the City or Consultant may
terminate this Agreement for the convenience of the City or Consultant, upon thirty (30) days'
written notice to Consultant or City, with the understanding that immediately upon receipt of
said notice all work being performed under this Agreement shall cease. Consultant shall invoice
the City for work satisfactorily completed and shall be compensated in accordance with the terms
hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall
not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this Project shall become the property of the City upon termination of this Agreement, and shall
be promptly delivered to the City in a reasonably organized form without restriction on future
use. Should the City subsequently contract with a new consultant for continuation of service on
the Project,Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
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If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by Consultant in performing the work to the date of default. The cost
of the work that is useable to the City,the cost to the City of employing another firm to complete
the useable work, and other factors will affect the value to the City of the work performed at the
time of default. Neither party shall be entitled to any lost or anticipated profits for work
terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory,or which is not performed in compliance with the terms of this Agreement.
11.0 NON-SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12)months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved,directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
12.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means,manner and method
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help
Consultant.
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(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs,data,or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other parry's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other parry's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
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of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement)the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement(other than Deliverables). Consultant shall have the right to retain
copies of the Deliverables and other items for its archives. Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to the
Consultant. "Working papers" shall mean those documents prepared by Consultant during the
course of performing the Project including, without limitation, schedules, analyses,
transcriptions, memos, designed and developed data visualization dashboards and working notes
that serve as the basis for or to substantiate the Project. In addition, Consultant shall retain sole
and exclusive ownership of its know-how, concepts,techniques,methodologies, ideas,templates,
dashboards, code and tools discovered, created or developed by Consultant during the
performance of the Project that are of general application and that are not based on City's
Confidential Information hereunder (collectively, "Consultant's Building Blocks"). To the
extent any Deliverables incorporate Consultant's Building Blocks, Consultant gives City a non-
exclusive, non-transferable, royalty-free right to use such Building Blocks solely in connection
with the deliverables. Subject to the confidentiality restrictions mentioned above, Consultant
may use the deliverables and the Building Blocks for any purpose. Except to the extent required
by law or court order, City will not otherwise use, or sublicense or grant any other party any
rights to use, copy or otherwise exploit or create derivative works from Consultant's Building
Blocks.
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City shall have a non-exclusive, non-transferable license to use Consultant's Confidential
Information for City's own internal use and only for the purposes for which they are delivered to
the extent that they form part of the Deliverables.
14.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industrial standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-perform any work not in compliance
with this representation.
15.0 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of the City or of this
Agreement, then and in that event the City shall give written notification to Consultant;
thereafter, (a) Consultant shall either promptly re-perform such services to the City's satisfaction
at no additional charge, or (b) if such deficient services cannot be cured within the cure period
set forth herein,then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to Consultant pursuant to this
Agreement or (b) include any indirect, incidental, special, punitive or consequential damages,
even if such party has been advised of the possibility of such damages. Such excluded damages
include,without limitation, loss of data, loss of profits and loss of savings of revenue.
16.0 INDEMNIFICATION
Consultant shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Consultant, its agents,or employees.
17.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
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assign any rights or delegate any duties under this Agreement without the other party's prior
written approval,which approval shall not be unreasonably withheld.
18.0 LOCAL,STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf;or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
19.0 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards,bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2270, Texas Government Code,a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott
Israel during the term of a contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
20.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product,materials or equipment that will be recommended or required hereunder.
21.0 DESIGNATION OF REPRESENTATIVE
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
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Gary Hudder
Transportation Director
3400 Sunrise Road
Round Rock,Texas 78665
(512)218-5560
ghudderproundrocktexas.gov
22.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein;or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
Tanko Streetlighting,Inc.
220 Bayshore Boulevard
San Francisco,California 94124
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock,TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock,TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
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24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
expressly agree that, in the event of any conflict between the terms of this Agreement and any
other writing, this Agreement shall prevail. No modifications of this Agreement will be binding
on any of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.0 DISPUTE RESOLUTION
The City and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality,or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement,and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void.The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
27.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
28.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
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29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
parry's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to complete the services for each Phase of this Agreement within the agreed
Project schedule may constitute a material breach of the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without a waiver of any of City's additional legal
rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid
unreasonable delays in the orderly progress of Consultant's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round ock,Texas Tanko Streetlightin ,I c
By: MBy:
Printed Name: I" Printed Name: Ja n ' an
Title: IAINYM- Title: Chief Ex u e Officer
Date Signed: (p�r2p2( Date Signed: 12121
For City,Attest:
By: AA
City C rk'7cpWrc�
For C;at-,
as to Form:
By: L �r4A
Stephan L. heets, City Attorney
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Exhibit"A"
Proposal
• Lightina
1
PROPOSAL FOR , • OF
SYSTEM FOR THE CITY OF ROUND ROCK, TX
Submitted by: Submitted to: May 13, 2021
Jason Tanko David Walther Copyright
Chief Executive Officer Traffic Systems Consultant May 13, 2021
Tanko Streetlighting, Inc. City of Round Rock By Tanko Lighting
220 Bayshore Boulevard Round Rock City Hall All rights reserved
San Francisco, CA 94124 221 E Main St.
jason@tankolighting.com Round Rock,TX 78664
davidw@roundrocktexas.gov
Exhibit "A"
CITY oposal
OF ROUND • • ". F .rPry: . , • LIGHTING
TABLE OF CONTENTS
Tableof Contents ....................................................................................................................................................... 2
CoverLetter................................................................................................................................................................ 3
CompanyProfile .........................................................................................................................................................4
CompanyHistory.....................................................................................................................................................4
DifferentiatingFactors ............................................................................................................................................4
RelevantExperience................................................................................................................................................ 6
References..................................................................................................................................................................8
Scopeof Work ............................................................................................................................................................9
Task 1: Comprehensive GIS Audit of Existing Streetlights.....................................................................................9
Task2: Data Reconciliation .................................................................................................................................. 11
Pricing ....................................................................................................................................................................... 12
Appendices ............................................................................................................................................................... 12
• Appendix A: Projects List.............................................................................................................................. 12
It Page 2 of 12
`. ' Content is proprietary and confidential.
TankoLighting
www.tankolighting.com 1220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 I i 415.822.3626
Exhibit "A"
ROUNDC-ITY OF ROCK AUDIT • •O
COVER LETTER
May 13, 2021
David Walther
Traffic Systems Consultant
City of Round Rock
Round Rock City Hall
221 E Main St.
Round Rock,TX 78664
davidw@roundrocktexas.gov
Dear Mr. Walther,
Tanko Streetlighting, Inc. ("Tanko Lighting") appreciates the opportunity to submit this proposal for audit support of the
streetlight fixtures within the City of Round Rock.
Tanko Lighting is a national firm focused solely on providing professional services for turn-key municipal energy efficiency
streetlight projects. Our company has previously been or is currently involved with more than 500,000 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. Further, we are currently working with the Cities of
Grapevine, Keller, Corinth, and Killeen,TX to support their streetlight projects.
Given Tanko Lighting's extensive involvement with municipal streetlight LED design and conversion projects nationwide,
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,
f
Jason Tanko
Chief Executive Officer
Enclosures
0 0 0 Page 3 of 12
_ 011111111110 Content is proprietary and confidential.
40 TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 i 415.822.3626
Exhibit "A"
Proposal
COMPANY PROFILE
Company History
For more than fifteen ears-since 2003-Tanko Lighting
Y , . ,
has been assisting municipalities with their streetlighting "? a -
needs and has evolved into a national firm focused solelyli
on providing professional services for turn-key municipal � I _11100-4
energy efficiency streetlight conversion projects.
Tanko Lighting is a privately-held S corporation and a
Tanko Lighting's office—where streetlighting is integrated into the fabric of
financially stable company that has successively everything we do.
operated profitably for more than a decade. As a
privately-held company with just two shareholders, our firm is tightly controlled, enabling sound financial and business
decisions. Since 2010, our company has experienced rapid growth and expanded our core business model — all while
maintaining zero long-term debt. With a clear understanding of our core competencies, significant knowledge of the
municipal streetlighting market, and sound leadership, our firm continues to experience sustainable growth while
reinforcing its triple bottom line values: People, Planet, and Profit.
Tanko Lighting holds electrical contractor licenses in the States of California (C-10 License Number 992782) and Arizona.
Additionally, our firm is a Certified Contractor by the Commonwealth of Massachusetts' Division of Capital Management
and Maintenance (DCAMM), a Qualified Vendor with the Connecticut Conference of Municipalities, a registered Energy
Services Company (ESCO) with the United States Department of Energy, and a registered Small Business Entity with the
Small Business Administration.
Differentiating Factors
Tanko Lighting is focused exclusively on municipal energy efficiency streetlighting conversion projects. With decades of
experience serving this market,we are the municipal streetlight experts. Because of our technical experience and national
context, we are intimately familiar with industry standards and trends, as well as municipalities' challenges with aging
infrastructure.
Our firm is uniquely positioned to assist the City for the following reasons:
• Streetlighting Specialist. We are the only US-based company solely dedicated to public agency streetlighting
projects—and the only company with an entire staff solely dedicated to such projects. As such,Tanko Lighting has
the largest portfolio of active municipal streetlight projects than any other firm, has previously been or is currently
involved with more than 500,000 streetlights throughout the nation, and is actively developing projects for an
additional 550,000+ streetlight fixtures. Additionally, our work has spanned more than twenty-three states, and
fifty-five utilities. Further, our firm has conducted more pilot and design projects than any other firm—most have
led to subsequent conversion contracts, which shows the level of our expertise. Finally, our expertise has been
forged by diverse project types—including various sized projects (ranging from as large as 38,000+fixtures to as
or w Page 4 of 12
111111111111► Content is proprietary and confidential.
6 TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd l San Francisco,CA 94124 1 P 415.254.7579 l 415.822.3626
Exhibit "A"
Proposal
CITY OF ROUND ROCK I STREET LIGHTI%,.,.__,
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.
J
• Technical Knowledge: Tanko Lighting has significant technical
expertise centered on public agency streetlighting infrastructure.
Led by an electrical engineer and licensed electrical contractor,
Jason Tanko (Chief Executive Officer), we understand the field
conditions and system constraints that are often involved with
streetlighting projects. This enables our 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.
• National Context: As a US-based company,Tanko Lighting's broad
experience with feasibility, ownership, and design and
implementation of LED conversion 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.
• Data Management: Tanko Lighting believes that utilizing data '
collection and analysis throughout all stages of a project results in Tanko Lighting's LED Conversion in Goffstown,NH
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, we retain 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 audit phase,
as well as for the installation phase (installers track information in real-time during the LED installation), which,
when compared with City data, streamlines the accuracy of the ordering and installation processes. Additionally,
we utilize the most state-of-the-art technology with the highest degree of spatial accuracy, as well as 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 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.
Financial Analysis: Tanko Lighting has conducted hundreds of financial analyses for public agencies nationwide,
representing thousands of fixtures, to ascertain the value of converting to energy efficient streetlight systems.
Leveraging our team's vast industry knowledge to accurately estimate relevant costs and savings to provide the
most accurate energy and CO2 savings estimates and integrating the information into the implementation phase
of a project is a one of our company's core competencies.
+I� Page 5 of 12
Content is proprietary and confidential.
` . TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 1 F 415.822.3626
Exhibit "A"
Proposal
Relevant Experience
Ninety-five percent of Tanko Lighting's contracts involve streetlight projects for government/public agencies. This equips
our team with the necessary context and expertise to complete superior projects for this specific market sector.
Tanko Lighting's success lies in its 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 our firm to other municipalities. A few of our major successes include:
City of Keller, TX: Tanko Lighting performed an analysis for the City to determine the feasibility of the City
purchasing its 3,200 streetlight fixtures from its utility and converting them to LED fixtures.
r 11F Tanko Lighting is currently contracted with the City to perform a comprehensive audit and data
reconciliation of the 898 existing streetlight fixtures within the City and support the City's efforts to purchase these
fixtures from its utility.
City of Grapevine, TX. Tanko Lighting performed an analysis to determine the feasibility of the City purchasing its
2,625 streetlight fixtures from its utility and converting them to LED fixtures,as well as conducted an audit and data
reconciliation of the existing streetlight system.
City of Mesa, AZ Tanko Lighting subcontracted to the prime
contractor on a project to provide the City of Mesa with a
Streetlight Master Plan. This included proposing new LED
streetlight fixture standards and evaluating the current rate
structure and proposing a new LED streetlight rate structure to
the City's municipal utility.
City of Lowell, MA: This project for the City of Lowell, MA
involved the LED conversion of 7,500 fixtures. Because of our
thorough audit and data management, we discovered that the
City acquired upwards of 200 fixtures from its utility that did not
actually exist, and that the City had been overcharged for these
fixtures for the past seven years. By accurately collecting the
data and properly reconciling it with City and utility records, we
successfully remedied these discrepancies and uncovered
tremendous savings for the City.
`-itv of Brewer, MF The City of Brewer was the first municipal Tanko Lighting's project in Ballwin,MO
streetlight ownership project with Emera Utility in Maine.Tanko Lighting worked diligently with the City and Emera
to develop a strategy for the ownership. Tanko Lighting completed a comprehensive GIS audit of the existing
inventory and cross-referenced that with Emera's records to confirm a complete data set that the City referred to
during the ownership process. We leveraged the experience working with other utilities through ownership to
guide the City throughout the transfer of ownership to maximize potential savings. Finally,we managed the design
and installation of the LED streetlight conversion to enable the City to gain significant energy savings.
Page 6 of 12
411„►woe Content is proprietary and confidential.
TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 I F 415.822.3626
Exhibit "A"
Proposal
City of Meridei,, A turn-key project for the City of Meriden, CT, which involved the LED conversion of 4,300
fixtures, as well as the maintenance of the system. Upon ownership of its streetlight system from its utility,the City
inherited significant deferred maintenance issues that quickly resulted in substantial outage reports and citizen
complaints. Tanko Lighting successfully designed an approach that quickly addressed the maintenance needs of
these locations,while simultaneously proceeding with the LED conversion. This diverted a potential public relations
nightmare and ensured that the City's streets were safely lit. Our team continues to maintain the City's new LED
system to ensure ongoing operation.
City of Berlin. CT A turn-key project for the City of Berlin, CT, which involved an ownership and LED conversion of
the City's streetlights from its utility. Tanko Lighting identified billing discrepancies involving overhead fixtures that
the City was being charged for by its utility at the underground (costlier) rate, resulting in significant cost savings
for the City. Further,our audit identified the current field conditions that substantiated the valuation that the utility
provided to the City,which enabled the City to feel confident in the fair market value of the assets it acquired from
the utility. Our team continues to maintain the City's new LED system to ensure ongoing operation.
City of Geneva, NY: This was a turn-key streetlight
ownership and LED conversion project that Tanko .
Lighting implemented for the City of Geneva's r '
approximate 1,800 fixtures. This was one of the initial
ownership and LED conversion projects in New York
State Electric and Gas's (NYSEG) territory and was
ground breaking for municipal ownership efforts. Our
comprehensive GIS audit was so accurate that NYSEG
was willing to accept it, and therefore reduced the
timeframe for the ownership completion by months. We
also led and completed the LED conversion.
City of Buffalo, NY: This completed project involved Tanko Lighting's LED Conversion in Berlin,CT
Tanko Lighting developing a feasibility analysis for the City of Buffalo to determine whether it was practical to
acquire its 33,000 streetlight fixtures from National Grid and convert them to LED fixtures. This is one of the initial
—and largest—ownership and LED conversion projects in National Grid's territory in New York State and is ground
breaking for municipal ownership efforts. Our team prepared dozens of financial analyses for this project,including
high and low ownership costs, maintenance options (internal vs. external maintenance), various tariff scenarios,
and amortization schedules to determine the City's options and gained extensive experience with New York State
utility tariffs through the course of this project.
City of Rancho Cucamonga,CA:This project involved the LED conversion of the City's 16,000 fixtures,acquired from
SCE. Tanko Lighting expedited the installation process such that as soon as Southern California Edison released
each transfer of purchased fixtures,the City was converted to LED streetlights well ahead of the next batch—which
maximized the City's energy savings. Our team completed the project in early 2018 and continues to provide
ongoing maintenance services of the City's new LED system to ensure ongoing operation.
City of Berkeley, CA: A turn-key project for the City of Berkeley, CA, which involved the LED conversion of not only
7,000 cobra head fixtures (for which Tanko Lighting provided design recommendations with tremendous savings),
but also 1,100 decorative fixtures (which involved twenty different types of decorative fixtures for which we
recommended LED retrofit kits)—which saved the City approximately$500,000 in costs.
Page 7 of 12
Content is proprietary and confidential.
TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 1 F 415.822.3626
Exhibit "A"
Proposal
•
A project for the City of Oakland, CA, which involved in the LED conversion of 38,000 fixtures.
Tanko Lighting was initially involved with the original team, orchestrating the strategy and project management
approach for the awarded contractor. However, when the prime contractor defaulted on the project, its surety
company hired our firm directly to clean up the mistakes, and re-audit, label, and data reconcile the entire City's
streetlight system. This resulted in the successful completion of the project and helped to settle the City's bond
claims.
Please find a list of all our projects in nationwide in Appendix A.
REFERENCES
Please find a selection of Tanko Lighting's references below.
Connecticut Conference of Municipalities
Joe Bragaw, Director of Public Works
Town of East Lyme, CT
860-691-4118
JBragaw@eltownhall.com
Description of Services: Tanko Lighting was selected by the Connecticut
Conference of Municipalities(CCM)as a Qualified Vendor through a public
procurement process to assist the organization with the streetlight
ownership and LED conversion for hundreds of its member municipalities.
To date, Tanko Lighting has facilitated more than 50,000 LED fixture
conversions through this project, including the Town of East Lyme, CT,
involving project management support,ownership assistance, engineering
services, cost-benefit analysis of various technologies, GIS field auditing
and commissioning, product procurement, environmental
disposal/recycling, data reconciliation, installation management,
PP
change rate rebate/ g support, administrative services, and ongoing Tanko Lighting's LED Conversion in Rancho Cucamonga,CA
maintenance services.
City of Rancho Cucamonga, CA
Fred Lyn, Utilities Division Manager
(909)-477-2740 ext.4035
Fred.Lyn@CityofRC.us
10500 Civic Center Drive, Rancho Cucamonga, CA 91730
Description of Services: Tanko Lighting provided ownership support, LED turnkey conversion and ongoing maintenance for
the City of Rancho Cucamonga's streetlight ownership and LED conversion project of more than 16,000 streetlight fixtures.
Norman Khumalo, Town Manager
Town of Hopkinton, MA
(S08)-497-9701
nkhumalo@hopkintonma.gov
Description of Services: Tanko Lighting was selected by the Metropolitan Area Planning Commission (MAPC) to assist
multiple municipalities throughout Massachusetts with their streetlight ownership projects and LED conversions through
multiple public procurement processes for dozens of its member municipalities.To date,Tanko Lighting has facilitated more
Page 8 of 12
GNP——am Content is proprietary and confidential.
TankoLighting
WWW.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 1 F 415.822.3626
Exhibit "A"
CITY OF ROUND ROCK I STREETILIGHT AUDIT PROJECTI TANKO LIGHTING
than 40,000 LED fixture conversions through this project,including the Hopkinton, MA,which involved project management
support, ownership assistance, engineering services, cost-benefit analysis of various technologies, GIS field auditing and
commissioning, product procurement, environmental disposal/recycling, data reconciliation, installation management,
rebate/rate change support, administrative services, and ongoing maintenance services.
SCOPE OF WORK
We propose a scope of work that conducts a comprehensive audit "eC,7 G,am,w
of the existing streetlight inventory so that the City has an °"`"`ems "B5'
accurate understanding of the existing conditions throughout the
system. cOR CroIMM,Ve
Acc urMe I'M
tMI
mseng cnaractenst¢s
venldy
Task 1: Comprehensive GIS Audit of Existing
Streetlights
f llKcerN lug
[rim&atea
In our experience, a proper GIS audit is essential to equipping the �"mm�s:bn�r� �^��'•'�`
mans
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
Rea:time
system. It also positions the municipality or its contractor to
effectively maintain the system, as well as manage any system Tanko Lighting's GIS audit is the backbone of the project-as the
upgrades, such as LED conversion, which requires detailed field precise data enables accuracy throughout all phases.
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
Page 9 of 12
�.►_� Content is proprietary and confidential.
6 410 TankoLighting
www.tankolighting.com 1220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 I F 415.822.3626
Exhibit "A"
Proposal
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 Auditor Data Collection screens
conscientious design. Because our team collects so much -- -
information that can only be gathered in person (e.g. fixture „, y
wattage,various height/distance measurements of the light andx. "
street, and factors that inform lighting levels and distribution 4„
patterns), we can create a highly-customized design tailored to
a city's specific lighting needs—and identify any concerns from
^ Uhr,t
the project start.
• Knowing exactly what assets are in the field, as well as the - "°e';W°^Pi`
current condition of those assets, enables us to identify which ',
assets are eligible for purchase and determine a fair valuation
of the lighting system.
ira^nro,U•'o� _ Fes:.
• 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- Our GIs auditing team uses
ordering. This precision also minimizes sloppy design (and dedicated tools,refined over
hundreds of similar..
inherent lower energy savings) —which are more likely from a streedighfingprojects,to
subcontracted audit. ensure the accuracy of the
data collection. / !
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 E
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 will collect data on all of the existing inventory and
identify attributes on-site, including:
• 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
0 � 19 Page 10 of 12
�....� Content is proprietary and confidential.
` TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 1 F 415.822.3626
Exhibit "A"
CITY OF ROUND ROCK I STREETLIGHT AUDIT "PROJECTI TANKO LIGHTING
• 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 staff is significantly
experienced in the nuances and characteristics of all streetlight ',At Graybar,we have worked with ESCOs around the
configurations.
country and there is no organization that is as
professional,meticulous,and efficient as Tanko Lighting.
• Weekly Audit Reports: An overview map listing the We have serviced over 300,000 streetlights with Tanko
locations completed during the data collection phase, Lighting and have had ZERO returns.Their audit is far more
along with a description of any issues that the comprehensive than any other audits we have seen in the
municipality or utility would need to devote immediate marketplace and allows for municipalities to have a true
grasp on their lighting system. Utilizing Tanko Lighting
attention to.
• Audit Data: Record of fixtures found in the field audit and ensures that the job will be completed on schedule and all
their associated attributes, to be provided in Parties involved will be well informed.There is no
geodatabase, shapefile, or spreadsheet form (this organization that can implement a streetlighting solution
deliverable will be provided after the completion of Task the way that Tanko Lighting can."
2).
Kristian Reyes,Manager
Lighting and PowerSmart Solutions
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
Page 11 of 12
Content is proprietary and confidential.
TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 I F 415.822.3626
Exhibit"A"
CITY OF ROUND ROCK I STREETLIGHT AUDIT "PROJECTI TANKO LIGHTING
Deliverable,
• 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 addressing these discrepancy locations with the
utility will occur during the subsequent installation phase of the project(under separate contract).
PRICING
Please find our proposed pricing in the table below. Please note that this is special discounted pricing and is valid for sixty
(60) days from the date of this proposal.
Proposed Pricing
Task Proposed Pricing
Tasks 1-2 $9940$25.00 per fixture
• Proposed Payment Terms:
o Tanko Lighting will invoice the City on a monthly basis, based on the quantity of fixtures audited during the
month.
o The City shall pay Tanko Lighting within thirty(30) days of receipt of invoices.
o These proposed payment terms can be negotiated, upon request.
APPENDICES
• Appendix A: Projects List
11111, 0 4 Page 12 of 12
Gor►-.NNw Content is proprietary and confidential.
1 4111111 TankoLighting
www.tankolighting.com 1 220 Bayshore Blvd I San Francisco,CA 94124 1 P 415.254.7579 1 F 415.822.3626
Exhibit "A"
Proposal
Tankoighting Appendix
Nationwide Experience
'JewYorb. ewfiamr,
.astiachusnns
FJ_L rsk�
:n ne:tit'.It
:olor2tlo
Misvouri
C.11ifornia
Tennessee
A rkiisas
Arizona
Te Kas
Flancfi
Hawai:
States Contracts Fixtures
Arizona 1 40,000 Proven
Arkansas 1 16
Process
California
52 262,391
Colorado 4 10,778
Connecticut 32 62,984 Sole Focus on
Florida 1 900 Municipal Streetlighting
Hawaii 1 3,500
Illinois 1 1,800
Maine 2 840
Massachusetts 47 78,927
6613 192,000+ Streetlights
Missouri 2
Acquired
Montana 1 6,000
Nebraska 4 4,341
New Hampshire 4 803
New York 7 48,072
Ohio 3 33,862 45,000+ Fixtures
Maintained
Tennessee 2 3,349
Texas 4 11,238
Washington 1 7,000
tankolighting.com 1 220 Bayshore Blvd I San Francisco, CA 94124 1 415.254.7579 1 415.822.3626
EXHIBIT B - SCOPE OF WORK
Task 1: Comprehensive GIS Audit of Existing Streetlights
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 will collect data on all of the existing
inventory and identify attributes on-site, including:
• 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 staff is significantly experienced in the nuances and characteristics of all streetlight
configurations.
Page 1 of 2
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 Task 2).
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
• 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 addressing these
discrepancy locations with the utility will occur during the subsequent installation phase of the
project(under separate contract).
Page 2 of 2
EXHIBIT C- PRICING
Pricing
Task Estimated Quantity* Fixture Price Extended Price
Tasks 1—2 10,000 $25.00 $250,000.00
*Note that this is an estimated quantity and that the final quantity will be determined at the completion
of the audit. The City will be invoiced on a per fixture basis to a maximum quantity of 10,000 streetlight
fixtures.
• Payment Terms:
o Tanko Lighting will invoice the City on a monthly basis, based on the quantity of fixtures
audited during the month.
o The City shall pay Tanko Lighting within thirty(30) days of receipt of invoices.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-765302
Tanko Streetlighting, Inc.
San Francisco,CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/11/2021
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
AUDIT OF STREETLIGHT SYSTEM
PROFESSIONAL CONSULTING SERVICES RELATED TO AUDIT SUPPORT OF STREETLIGHT SYSTEM
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Tanko, Jason San Francisco,CA United States X
Bressani Tanko, Clare San Francisco,CA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Jason Tanko and my date of birth is
My address is 220 Bayshore Blvd. San Francisco CA 94124 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in San Francisco County, State California on the 11 tl1iay of June 20 21
(month) (year)
Sign ure o uthorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.s e.tx Version V1.1.ceffd98a
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-765302
Tanko Streetlighting, Inc.
San Francisco, CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/11/2021
being filed.
City of Round Rock Date Acknowledged:
06/16/2021
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
AUDIT OF STREETLIGHT SYSTEM
PROFESSIONAL CONSULTING SERVICES RELATED TO AUDIT SUPPORT OF STREETLIGHT SYSTEM
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Tanko,Jason San Francisco, CA United States X
Bressani Tanko, Clare San Francisco, CA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a