Rialto City Council
April 27, 2024

Siemens Industry, Inc.
9225 Bee Cave Rd, Building B, Ste 101
Austin TX 78733
Tel.: 512.837.8300
Fax: 512.837.0196
www.usa.siemens.com/mobility
Intelligent Traffic Systems
Mr. Robert Eisenbeisz
Director of Public Works
City of Rialto
335 W. Rialto Avenue
Rialto, CA 92376
(909) 820-2507
Steve Gitkin
National Sales Director
Intelligent Traffic Systems
Address: 9225 Bee Cave Rd, Building B, Ste 101
Austin, TX 78733
Telephone: (512) 837-8300
Fax: (512) 421-6617
E-mail: [email protected]
Date: August 25, 2016
Mr. Robert Eisenbeisz;
Thank you for the opportunity to work with the City of Rialto on the IGA and subm it our proposal for the Streetlight LED Retrofit. We have enjoyed our relationship with your city over the past three years a n d l o o k f o r w a r d t o t h e c o m p l e t i o n o f t h i s p r o j e c t . A t S i e m e n s o u r g o a l i s t o p r o v i d e t h e v e r y b e s t equipment, maintenance and support in the industry, while attempting to work within the confines of your budget to produce a project that comes in on time and with excellence.

The primary contact person for this proposal shall be:

Alex Valenti
415-246-7257
[email protected]
This response represents an accurate representation of Siemens and our capabilities to provide street light acquisition and LED street light conversion services for the City of Rialto. Siemens, Inc., Intelligent Traffic Systems presents our team as the most qualified to expeditiously and cost effectively provide the following services for your City:
· Street light asset cutover and ID tagging
· Street light LED conversion
· Recycling and/or disposal of waste materials
· Workmanship warranty
· Annual streetlight maintenance
Thank you once again for permitting us to provide these services.

With kind regards,
Steve Gitkin
National Sales Director
Siemens Industry, Inc. Intelligent Traffic Systems

Rialto,CA
Streetlight Cutover
and LED Conversion
Proposal
Submitted by:

Siemens Industry, Inc.

Intelligent Traffic Systems
October 26, 2016
2200 West Orangewood Ave, Ste 210
Orange, CA 92868
Rialto Streetlight Retrofit Page 2
Contents
Project Overview .........................................................................................................................3 Executive Summary ....................................................................................................................4 Qualifications ..............................................................................................................................5 Background .............................................................................................................................5 Local Project References ............................................................................................................7 Key Staff ..................................................................................................................................9 Project Approach ......................................................................................................................11 Scope of Work Finalization ....................................................................................................11 Street Light Asset Cutover .....................................................................................................11 LED Street Light Conversion .................................................................................................13 Milestones..........................................................................................................................14 Project Completion ................................................................................................................15 Completion Documentation ................................................................................................15 Warranty ................................................................................................................................16 Fee Proposal ............................................................................................................................17 Terms and Conditions ...............................................................................................................18 Validity ......................................................................................................................................18 Attachments ..............................................................................................................................19

Rialto Streetlight Retrofit Page 3
Project Overview
T h e C i t y o f R i a l t o h a s t h e o p p o r t u n i t y t o p u r c h a s e a p p r o x i m a t e l y 3 , 8 0 6 s t r e e t l i g h t a s s e t s f r o m S C E . B y p u r c h a s i n g t h e s t r e e t l i g h t assets, converting them to LED technology and maintaining the system, the City can anticipate an annual cost savings of $360,115.

The annual co st savings c an then o ffset the co sts o f acquir ing the system, including acquisition, LED conversion and reoccurring maintenance costs and provide the City with a positive project cash flow throughout the 20 year lifetime of the street light fixtures. Considering initial project costs and estimated maintenance costs, the City can ant ic ipate o ver $4.2 Millio n in LED program savings over the 20 year period.

Energy
(Kwh)
Energy Cost Tariff
Service Cost
Maintenance
Cost
Operating
Costs
Field Audit Savings 1,643 $118 $424 $0 $541
Asset Acquisition
Savings 0 $0 $291,853 ($45,608) $246,245
LED Conversion
Savings 1,158,768 $82,945 $0 $30,384 $113,329
Total Annual
Savings 1,160,411 $83,063 $292,277 ($15,224) $360,115
Table 1: Street Light Acquisition and LED Conversion Annual Savings Siemens and the City of Rialto have been working in close partnership throughout the asset buy- back process. Siemens was selected through a competitive RFP process to provide turn-key services for the street light acquisition and conversion to LED technology.

Siemens has worked with City staff and Southern California Edison staff facilitating the valuation, field auditing, and feasibility analysis of the program. The resulting Investment Grade A u d i t r e p o r t h i g h l i g h t s t h e p r o g r a m d e t a i l s a n d s a v i n g s p o t e n t i a l ( s e e a t t a c h m e n t A ) . T h e following proposal details Siemens’ experience with street light conversion projects and street light maintenance and offers a detailed approach to our project implementation process.

Rialto Streetlight Retrofit Page 4
Executive Summary
Siemens has the experience, qualified and certified personnel, knowledge and understanding of the project and the critical relationships to successfully bring this project to completion on time and in budget to the satisfaction of the City of Rialto.

Siemens has the experience
Siemens’ ability to undertake this project is evidenced by our team’s depth of experience working together to successfully complete LED streetlight retrofits.

We have retrofit nearly 150,000 fixtures with LED technology in approximately 80 communities, m a n y v i a p e r f o r m a n c e c o n t r a c t . W e a r e a l s o t h e o n l y E S C O t o s e l f - p e r f o r m t h i s q u a n t i t y o f r e t r o f i t s w i t h i n - h o u s e s t a f f , g i v i n g u s p a r t i c u l a r i n s i g h t a s t o t h e n a t u r e o f t h e w o r k a n d complete control over work schedule.

Siemens has the personnel
At Siemens we employ only the finest Project Managers, Engineers, Field Technicians and Network Analysts. We pride ourselves on the high level on training, education and certification of all our team members. Customers expect their projects to be managed in an excellent, innovative and responsible way, and this applies to all of our projects from large multi-million do llar pro jects all the way to smaller turnkey pro jects. Our pro ject management pro cesses and certifications are models for project management around the globe. Professional project management is a vital success factor for
Siemens. We have been a project company
since inception. Currently we have over 15,000
certified project managers world-wide.

As a large, multi-billion dollar company
S i e m e n s h a s a w e a l t h o f e m p l o y e e s t o d r a w from for our projects. We do not operate with a
h a n d f u l o f e m p l o y e e s , s t r e t c h e d t h i n t o populate our projects, but rather we pride
ourselves on our strong team structure.

Siemens has the knowledge and understanding of the project.

Siemens and the City of Rialto have been working in close partnership throughout the asset buy- back process for the past three years. Siemens was selected through a competitive RFP process to provide turn-key services for the street light acquisition and conversion to LED technology.

Siemens has worked with City staff and Southern California Edison staff facilitating the valuation, field auditing, and feasibility analysis of the program. The resulting Investment Grade A u d i t r e p o r t h i g h l i g h t s t h e p r o g r a m d e t a i l s a n d s a v i n g s p o t e n t i a l ( s e e a t t a c h m e n t A ) . T h e

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following proposal details Siemens’ experience with street light conversion projects and street light maintenance and offers a detailed approach to our project implementation process.

Siemens has the relationships.

Through this work, our team has proven that we have the technical, financial, and contractual ability to assemble the right people and companies to implement these initiatives quickly and efficiently. Financially, our team is supported by a much larger global Siemens organization, a 170 year old company with annual revenue exceeding $120 billion. All these factors combine t o p r o v i d e t h e C i t y o f R i a l t o t h e f u l l c o n f i d e n c e t h a t t h e S i e m e n s t e a m i s f u l l y q u a l i f i e d t o successfully perform this work.

Qualifications
Background
Siemens Industry, Inc, is a Delaware corporation, and began operations in November 1972. As a d i v i s i o n o f S i e m e n s I n d u s t r y , I n c , S i e m e n s I n t e l l i g e n t T r a f f i c S y s t e m s ( I T S ) h a s be e n p r o v i d i n g traffic solutions since 1997. Siemens acquired Automatic Signal/Eagle Signal Corporation in 1997, Gardner Tr anspo rtatio n Systems in 2000, and Republic ITS, a U.S. leader in traffic signal equipment installation, maintenance, and service in 2010 to enhance its presence in the intelligent traffic solutions (ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Siemens Intelligent Traffic Systems has the ability to provide a comprehensive portfolio of traffic software, hardware, and services expertise.

S i e m e n s I T S a r e a s o f e x p e r t i s e a r e in the maintenance, testing, repair,
upgrading and replacement of
traffic signals, street lights, and
exterior commercial lighting.

S i e m e n s I T S h a s a b r o a d r a n g e o f
expertise and experienced
personnel including: registered
professional energy engineers,
project managers, International
Brotherhood Electrical Workers
(IBEW), Journeymen
Electricians/Technicians,
International Municipal Signal
Association (IMSA), and Certified
Technicians.

Siemens has been self performing street light energy contracts since 2010, utilizing our in- house staff of 135 certified and trained technicians. As an NAESCO certified Energy Service Rialto Streetlight Retrofit Page 6
P r o v i d e r s i n c e 1 9 9 6 , S i e m e n s i s o n e o f t h e o n l y E S C O ’ s i n t h e U S t o s e l f p e r f o r m . T h e C i t y o f Rialto would reap many of the benefits of our experience as an ESCO. The benefit is not only our expertise and accreditation, but a single point of accountability for the customer.

Siemens Experience, Expertise, and Approach
As mentioned above, Siemens performs all installation work with Siemens employees. The benefit of this approach is there is one company who has full responsibility for the success of the project. Our employees are fully trained on all safety requirements before they are allowed to begin work in the field, they are provided the best equipment possible including new bucket trucks for all technicians, and take pride in being part of the Siemens team in delivering on time and on budget. As one of the only Prime Contractors to self-perform large conversion projects, Siemens has deep experience and knowledge of this kind of work, and complete control over the work schedule.

Work History
The Siemens ITS Energy Services team is a dedicated organization within Siemens ITS who works exclusively with local agencies to assist in the development of LED street light conversion projects. To date, Siemens ITS Energy Services team has completed over $60 million in street light conversion projects. We specialize in maintenance, and therefore have a long term view in selecting a lighting solution that will meet the cities needs over many years. Nationally, Siemens has completed:
· LED conversion of over 150,000 street lights
· Over 500,000 traffic signal LED conversions
· Ove r 30 0 s t r e et and t r af f ic light m a int e nanc e c o nt r ac t s w it h public age nc ie s in t he U S. A snapshot of our projects with 2,000 fixtures or more follows:

West Coast East Coast
City State No. of Lights City State No. of Lights
Merced CA 7,000 Providence RI 16,780
Carlsbad CA 6,700 CapeLight
Compact
MA 16,089
San Mateo CA 3,898 New Bedford MA 10,051
Manteca CA 2,900 Manchester NH 9,000
Novato CA 2,104 Newton MA 8,440

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Local Project References
City of Huntington Beach
Street light acquisition consulting and energy efficiency project implementation. Budget of $1.6 Million.

Scope of work includes:
o street light acquisition and retrofit feasibility analysis and program design,
o co nstructio n o f new street light circuits and street light po les and fixtures alo ng Olive Avenue, Walnut Avenue and 10th Street and
o the installation of 264 LED street lights in the Shorebreak parking garage · Prime contractor with assistance from the following subcontractors- Northwest Edison and Horizon Underground
· Winter 2013- Summer 2016
· Bob Stachelski
· 714-536-5523
· [email protected]
· Siemens key personnel:
o Alex Valenti- Energy Engineer/Account Manager
o Piron Vossoughi- Project Manager
o Bryan Berlin- Project Manager
City of San Mateo
LED conversion of 3,898 cobrahead and 1,038 decorative street lights.

Budget of $3 Million.

Scope of work includes:
o installation material and labor
o utility incentive management
o GIS database creation and management
· Prime contractor with assistance from Evari GIS Consulting · Spring 2016- Fall 2016
· Jay Yu
· 650-522-7323
· [email protected]
· Siemens key personnel:
o Alex Valenti- Energy Engineer/Account Manager
o Piron Vossoughi - Project Manager
o Richard O’Hearn - Energy Engineer
City of Ontario
Street light maintenance: budget of $560,000.

Scope of work includes:
o Preventative maintenance for City owned street

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lights assets
o Metal decorative and concrete marbelite pole types
o High Pressure Sodium and LED fixtures
· Prime contractor
· 2012-2017
· Pat Malloy
· 909-395-2600
· [email protected]
· Siemens key personnel:
o Mike Hutchens - Area Operations Manager
o Candace Gallaher - Service Account Manager
o Chris Franco - Lead Technician
City of Rancho Cucamonga
Street light maintenance: budget of $12,000.

Scope of work includes:
· Preventative maintenance for City owned street lights assets o Metal decorative and concrete marbelite pole types
o High Pressure Sodium and LED fixtures
· Prime contractor
· 2012-2019
· Fred Lyn
· 909-477-2740 ext.4035
· [email protected]
· Siemens key personnel:
o Mike Hutchens - Area Operations Manager
o Candace Gallaher - Service Account Manager
o Chris Franco - Lead Technician

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Key Staff
Siemens has assembled a world class team of internal personnel. Organizational charts are also provided, as well as resumes for the key personnel who will be involved in the project development, implementation, and completion phases in Appendix B – Resumes.

Alex Valenti, Account Manager and Sr. Energy Engineer . Alex will coordinate all project related communications with the public and provide a single point of contact for City staff. Alex has over 6 years in the energy efficiency field, developing energy efficiency lighting standards and assisting City’s in developing street light projects throughout California and Arizona. Alex represents Siemens in the California Street Lights Association group which is the major advocacy group for municipalities in California. Alex is assisting many communities in Southern California to purchase utility owned street lights and develop turnkey LED conversions.

Alex will lead project relations team. He will provide the following functions:

Ø Provide public outreach throughout the project
Ø Attended City meetings
Ø Coordinate the development of the web based project tracking and FAQ’s Ø Lead team for project communications through social media, press, and print media with coordination from the City.

Piron Vossoughi, Project Manager - M r . V o s s o u g h i h a s e x t e n s i v e p r o j e c t m a n a g e m e n t experience with leadership in managing successful projects from proposal development through multifaceted design, product and implementation development and qualification phases to multi-year production programs. He is experienced in managing multiple teams and subcontracts while responsible for budget, delivery and technical performance of the project.

Mr. Vossoughi also excels in project risk mitigation and planning, and is currently managing the Huntington Beach street light circuit conversion.

Piron will be the head of the project management team. He will provide the following functions:

Ø Interface to the City for project implementation
Ø Daily oversight of the project – financial and implementation Ø Reporting of status to city staff
Ø Change order management
Ø Ensure project schedule and budget via PM@Siemens processes Ø Manages warehouse and material logistics
Michael Hutchens, Area Operations Manager - M r . Hut c he ns h as o ve r 2 1 ye ar s o f e xt e ns ive experience in both the technical and construction-related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself thorough, professional and competent through the years Rialto Streetlight Retrofit Page 10
from field laborer to foreman, field supervisor, technical support for US Traffic Corporation, and estimating, operations management, project management, and service account management.

MR. Hutchens will provide the following functions:

Ø Management and scheduling of installation crews
Ø Coordinating installation with project manager and project plan Ø Ensures EH&S standards are met
Richard O’Hearn Jr., Sr. Applications Energy Engineer and Certified Energy Manager (CEM) , will lead the design team. He has a decade of roadway lighting design experience. Richard joined Siemens energy services team from Philips Lighting North America where he performed roadway lighting audits for the US Air Force and the US Department of Defense. He also designed a data collection tool that earned him a spot as a technical advisor for the US Dept. of Energy, assisting i n t h e B E D E S B e t a p r o g r a m . R i c h a r d ’ s e x t e n s i v e G I S a u d i t i n g e x p e r t i s e w a s h i g h l i g h t e d i n t h e 2015 Street and Area Lighting Conference, where he presented information regarding GIS field auditing best practices.

R i c h a r d w i l l b e t h e l e a d t e c h n i c a l e x p e r t f o r t h e l i g h t i n g d e s i g n t e a m . H e w i l l p r o v i d e t h e following functions:

Ø Energy efficient lighting design
Ø Energy savings and guarantees
Ø Utility rebate coordination
Ø Measurement & Verification reporting

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Project Approach
Scope of Work Finalization
Siemens will review the Investment Grade Audit results with City staff and confirm the system design prior to beginning the LED conversion. Siemens will provide a detailed scope of work. This will incorporate the street light fixture replacement processes and all associated scope, including any optional scope identified by the City, such as Park and historic lighting. A scope of work document will be produced that contains the executable scope items, reporting documentation and a final project schedule, including implementation and completion phases.

Following the confirmation that all requirements will be met, Siemens will schedule a kickoff meeting to officially begin the phase two effort. This meeting will include Siemens’ key personnel, the City of Rialto project staff, project personnel, key suppliers, and any stakeholders whose participation is required, and will promote partnering and collaboration throughout the project. The kick-off meeting will be conducted at the earliest opportunity to ensure that all parties understand the goals, objectives, time frames, contract stipulations, communications requirements and conditions involved in the implementation phase of the project.

Once all verifications have been made and the project implementation plan is agreed upon by all parties, Siemens will finalize the Utility rebate applications and initiate the procurement of the qualified luminaires.

P r i o r t o t h e c o n v e r s i o n o f t h e s t r e e t l i g h t s , S i e m e n s w i l l a g r e e u p o n a p p l i c a b l e t r a f f i c c o n t r o l requirements with the City, and obtain any necessary permits. In conjunction with this, Siemens will wo rk closely with the City and the co mmunit y to ensure that residents and businesses are a w a r e o f t h e w o r k t h a t i s t o b e d o n e , t h e s c h e d u l e o f w o r k , a n d w h a t t h e i m p a c t w i l l b e .

Siemens will work closely with the City to identify areas that are impacted by tourism, schools, public gatherings, and other community activities to ensure any inconvenience to the public is minimal.

Street Light Asset Cutover
After the street light acquisition has been approved by the CPUC and the contract to purchase these assets has been executed, Siemens will coordinate with the City and SCE on the transfer of o w n e r s h i p o r “ c u t o v e r ” s c h e d u l e o f t h e a s s e t s t o C i t y o w n e r s h i p . T h e e x a c t s c h e d u l e o f t h i s c u t o v e r w i l l d e p e n d o n t h e f i n a l t e r m s d e c i d e d b e t w e e n S C E a n d t h e C i t y . I t i s S i e m e n s understanding that the cutover cost to SCE is included in the asset valuation cost, therefore no further cost from SCE shall be borne by the program.

The estimated cutover rate is 1,000-1,500 street light assets/month, which translates to duration of roughly 4 months for the cutover of the total 3,806 assets. The cutover process will consist of

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S C E s t a f f , S i e m e n s s t a f f a n d C i t y s t a f f p a r t i c i p a t i o n i n c o n f i r m i n g t h e e x a c t a s s e t s t h a t a r e cutover and determining the point of demarcation of ownership of the system.

Siemens has designed a prototype pole tag concept that can be affixed to all pole types throughout the City. The pole tag is a thin anodized aluminum utility tag that has a 3M industrial adhesive and can be configured with many different characters. Siemens will work with the City to determine the most appropriate numbering convention to implement for the newly acquired assets.

S i e m e n s s t a f f w i l l e n t e r t h e n e w a s s e t I D n u m b e r s i n t h e maintenance database and provide the necessary information to SCE to complete the reassignment of the tariff rate from LS-1 to LS-2.

The City will assume the maintenance responsibility over the newly acquired street light assets once they are cutover, with contracted service to Siemens. This will be calculated on a unit cost basis dependent on the street light technology type and prorated from date of cutover. During the cutover process an asset database will be created that will incorporate the new asset ID numbers and the available asset attributes identified by Siemens during the IGA field audit. This database will allow Siemens and City staff to access asset location, attributes, maintenance related activities, as well as, allow members of the community to report outages.

Figure 1: Sample of pole label
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LED Street Light Conversion
Siemens will provide LED street light installation services and associated LED fixture materials in conjunction with the asset cutover. By coordinating the asset cutover and the LED conversion, the City will realize the energy cost savings as soon as possible and limit any maintenance issues with the incumbent technology. As indicated by the Investment Grade Audit the following material schedule has been designed for the conversion.

STYLE LINE ITEM CATALOG NUMBER WATTAGE QTY
COBRAHEAD A ERL1-0-03-B1-40-A-GRAY 25 2,098
B ERL1-0-04-B1-40-A-GRAY 32 1,349
C ERL1-0-07-C1-40-A-GRAY 67 199
D ERL1-0-10-C1-40-A-GRAY 90 66
E ERL1-H-0-13-C1-40-A-GRAY 125 3
F ERS2-0-19-C1-40-A-GRAY 162 1
I (ALREADY LED- WILL NOT CONVERT) 94 2
J (ALREADY LED- WILL NOT CONVERT) 103 1
K (ALREADY LED- WILL NOT CONVERT) 106 1
L (ALREADY LED- WILL NOT CONVERT) 189 4
DOUBLE

COBRAHEAD
A ERL1-0-03-B1-40-A-GRAY 25 4
GATEWAY G LES - 57W443 - 840 - HWD - XXXX - UNV -
1 57 38
POST TOP H LES - 37W333 - 840 - HWD - XXXX - UNV -
1 37 40
GRAND TOTAL 3,806
Siemens plans to mobilize out of our local Riverside office but requests that a City owned facility be made available for material storage, if available. This will increase installation efficiency and energy cost savings to the City.

The project will require 2 technicians for the duration of the project. In addition to technicians, Siemens will also have a field supervisor, project manager, commercial project manager, project coordinator, and warehouse staff supporting the project. Siemens staff will use Microsoft Project to track the overall progress of the project and to create overview progress reports, as well as mobile technology that will track progress in real time through the use of tablets in the field.

Installation progress will be tracked on a daily basis by the project’s Field Supervisor and Project M a n a g e r , a n d a b r i e f s t a t u s r e p o r t t h a t i n c l u d e s p r o j e c t s t a t u s a n d a n y c u r r e n t i s s u e s w i l l b e provided to the City of Rialto on a weekly basis, Project team meetings will be held on a regular basis as determined by the City and Siemens. These meetings will includes the Siemens’ project management staff, Siemens’ field supervisor, and City staff. In addition to progress reports, these meetings will ensure that the project is on schedule, any issues are being addressed, the work is being done safely and to the satisfaction of all stakeholders.

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Quality control will be a top priority during the implementation phase of the project. The Siemens project manager and field supervisor will routinely visit the field to perform quality control and identify opportunities for improvement. Siemens staff will routinely perform internal project audits and reviews to ensure the project is being executed correctly and efficiently. In addition, Siemens project management and supervisory staff will communicate on a regular basis with City staff and City existing street light maintenance contractor in relation to any issues found in the field that require attention.

All materials removed that are able to be recycled will be recycled appropriately. Resulting hazardous waste and general refuse will be handled in accordance with all applicable regulations and best practices. To facilitate the recycling effort, Siemens is partnering with Laurel Environmental, a WBE company specializing in streetlight recycling. Laurel Environmental will supply all applicable recycling certificates. Additionally Laurel Environmental will advise Siemens of any increase in scrap values, which will be passed along to the City.

Throughout the implementation phase, GIS data will be recorded, in real time, through the use o f mo bile de vices. This w ill allo w fo r access to real-time pro ject data fo r bo th Siemens and the City of Rialto. Part of this process will be ensuring that the GIS and GPS data is accurate and the fixtures are appropriately tagged with wattage labels in compliance with the American National S t a n d a r d f o r R o a d w a y L i g h t i n g E q u i p m e n t , A N S I C136.15.

With agreement from the City, Siemens will provide
monthly summaries of completed zones for the City’s
provisional acceptance. This will allow any issues that may arise to be addressed on an on-going basis rather
than at the end of the project. In conjunction with this, o n a mo nthly basis, the Siemens energy e nginee r will use information gathered in the monthly summaries to
process rebates with utility providers and ensure that
energy rates are accurately adjusted in accordance
w i t h t h e p r o j e c t ’ s p r o g r e s s . S i e m e n s w i l l c o o r d i n a t e w i t h t h e u t i l i t i e s t o e n s u r e t h a t a n y inspections are scheduled well in advance, as to not impact the project schedule or unnecessarily delay any funding.

Following the completion of the conversion, Siemens will self-audit the project, and then work with the City on final project inspection and acceptance, at which time any punchlist items will be addressed, and the warranty period will begin.

Milestones
Siemens will utilize a milestone based approach in tracking the progress of this project, along with other key performance indicators that will represent actual progress on the project, and will demonstrate that the project is staying on track.

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Project Completion
Completion Documentation
Following the completion of the implementation phase and City acceptance, Siemens will begin the fourth phase of the project, the Project Completion Phase. At this point Siemens will provide a comprehensive summary of the project that includes (but is not limited to) the following:
· Final GIS Data
· Summary of inventory, including fixture quantities, wattages, and installation dates · As-built documentation (as-needed)
· A s - b u i l t s c h e d u l e o f t h e p r o j e c t a n d a c o m p a r i s o n o f t h e a c t u a l i n s t a l l a t i o n v s . t h e scheduled baseline.
· A summary of any scope changes that occurred
· A statement of Siemens warranty details with contacts and procedures · A statement of manufacturers’ warranties with contacts and procedures · Final energy calculations
· Summary of rebates, incentives and rate changes
· Recommendations for maintenance and cleaning schedules Siemens will prepare and submit the final rebate documentation to the utility. In addition, Siemens will verify that the billing rate change has been submitted and accepted, and that the u t i l i t y b i l l i n g i s c o r r e c t . A s S i e m e n s f o r e s e e s t h i s a s a n o n - g o i n g p r o c e s s t h r o u g h o u t t h e implementation phase, the project completion phase will consist of confirming prior implementation phases and finalizing the last installation phase.

Once the rebate is secured, the billing is verified then a final project closeout report will be ge ne r at e d. This w i ll c o ns is t o f a co m ple t e inve nt o r y dat abas e o f t he ins t alle d s ys t e m w it h GI S locations and all attributes of the LED street light system. Furthermore, this report will also i n c l u d e t h e f i n a l r e s u l t s o f t h e r e b a t e a l l o c a t i o n , t h e e n e r g y s a v i n g s t o d a t e a n d t h e f i n a l estimated energy savings for future years, summarizing the final results of the project.

When the Audit and Conversion process has been completed, the city will receive a Geodatabase containing a complete Inventory of all the Street lights within the city. This data will open many opportunities for integration into the city’s existing GIS system. For example:
· I n t e g r a t i o n i n t o a C M M S o r o t h e r w o r k o r d e r m a n a g e m e n t s y s t e m t o t r a c k a n d i s s u e work-orders or fix failures
· Assisting with City Planning related to lighting, such as identifying areas which may require lighting, report on various decorative issues using provided templates.

Assets can be added to existing enterprise GIS systems such as ArcServer or ArcGIS online webmap, or internal websites.

Rialto Streetlight Retrofit Page 16
Warranty
Siemens o ffers a 12 mo nth warranty o n all materials and wo rkmanship performed by Siemens. Further Siemens will pass through to the City all Manufacturers’ Warranties. The warranty phase shall begin for each fixture upon installation completion. The manufacturer offers a ten (10) year w arranty o n all LED light fixtures. Labo r to replace any ino perable, defective or otherwise non-performing fixtures will be covered in our comprehensive maintenance plan, which is detailed in the section below for years 1-10. Should the City not elect to purchase a maintenance plan from Siemens, the labor to replace defective, inoperable or otherwise non-performing fixtures will not be covered and would be billed separately to the City by Siemens.

Rialto Streetlight Retrofit Page 17
Fee Proposal
Siemens offers the following price for the proposed goods and services outlined in this proposal.

Base Scope: Price for the asset cutover, asset labeling and LED street light conversion labor and materials of the street light fixtures to be acquired from Southern California by the City:
$1,580,256.49.

I n r e c o g n i t i o n o f t h e p a r t n e r s h i p b e t w e e n S i e m e n s a n d t h e C i t y o f R i a l t o o v e r t h e p a s t t w o years, Siemens will offer a onetime discount of $160,026.00, if a sole source contract is signed between both parties prior to November 30, 2016.

This would make the total base scope price: $ 1,420.230.49.

Optional Scope: Price for the asset labeling and LED street light conversion labor and materials of the street light fixtures currently owned by the City: $79,060.66.

Total Fee Proposal (inclusive of base scope discount): $1,499,291.15.

P r i c e i s i n c l u s i v e o f c u t o v e r a c t i v i t i e s a n d L E D c o n v e r s i o n . T h i s i n c l u d e s p o l e l a b e l s a n d a s s o c i a t e d l a b o r , G E E v o l v e s e r i e s L E D f i x t u r e s , p h o t o c e l l c o n t r o l n o d e , a n d a s s o c i a t e d i n s tal l a ti o n l abo r an d eq ui pme n t . As a v al u e d pa r tn e r to th e Ci ty o f Ri al to Si e me n s o ffe r s t h e f o l l o w i n g d i s c o u n t e d p r i c i n g i f c o n t r a c t i s s i g n e d p r i o r t o N o v e m b e r 3 0 , 2 0 1 6 . T h i s o f f e r i s extended for the services described, inclusive of the GE Evolve series LED material.

Rialto Streetlight Retrofit Page 18
Terms and Conditions
Siemens submits this proposal with the agreed upon Terms and Conditions negotiated with the City.

Validity
This proposal and the associated pricing is valid for 90 days unless stated otherwise in this document.

Rialto Streetlight Retrofit Page 23
Attachments

Richard James O'Hearn Jr.

Siemens Mobility
6/15/2016
CITY of RIALTO, CA
2016

2 CITY of RIALTO, CA

Contents
INTRODUCTION ....................................................................................................................................................................... 4 SCOPE OF WORK ..................................................................................................................................................................... 6 AUDIT .................................................................................................................................................................................. 6 ANALYSIS ............................................................................................................................................................................. 6 UTILITY BILL ANALYSIS ............................................................................................................................................................. 7 LS-1: Company Owned Assets ............................................................................................................................................. 7 LS-1 COSTS .......................................................................................................................................................................... 7 LS-2: Customer Owned Assets ............................................................................................................................................ 7 LS-2 COSTS .......................................................................................................................................................................... 7 TARIFF RATE CHANGES ....................................................................................................................................................... 8 FUNDING: GRANTS, INCENTIVES, and REBATES ...................................................................... Error! Bookmark not defined.

EXISTING LIGHTING SYSTEM ................................................................................................................................................... 9 STYLES, QTY, WATTAGES, and OTHER TECHNOLOGY ......................................................................................................... 9 TABLE 2.1 – DATA DELIVERED QUANTITIES .................................................................................................................... 9 EXISTING BASELINE ............................................................................................................................................................. 9 TABLE 2.2 – EXISTING SYSTEM BASELINE ........................................................................................................................ 9 TABLE 2.3 – ASSETS NO T FOUND IN FIELD ................................................................................................................... 10 TABLE 2.4 – WATTAGE & LAMP VARIANCES ................................................................................................................. 10 TABLE 2.5 – FINAL SCOPE QUANTITIES ......................................................................................................................... 11 TABLE 2.6 – EXISTING SYSTEM BY STYLE ....................................................................................................................... 11 TABLE 2.7 – BASELINE ENERGY CONSUMPTION AND COSTS........................................................................................ 12 SYSTEM CORRECTIONS.......................................................................................................................................................... 12 TABLE 3.1 – CORRECTED SYSTEM ANNUAL COST SAVINGS .......................................................................................... 12 SYSTEM PURCHASE ............................................................................................................................................................... 12 TABLE 3.2 – EXISTING SYSTEM SAVINGS UNDER LS-2 TARIFF ....................................................................................... 12 SYSTEM CONVERSION ........................................................................................................................................................... 14 HIGH PRESSURE SODIUM (HPS) TECHNOLOGY ................................................................................................................. 14 LIGHT EMITTING DIODE (LED) TECHNOLOGY ................................................................................................................... 14 BENEFITS OF LED OVER HPS .............................................................................................................................................. 14 PROPOSED SYSTEM FIXTURE SELECTION .......................................................................................................................... 15

3 CITY of RIALTO, CA
RECOMMENDED FIXTURES FOR THE CITY OF RIALTO, CA .................................................................................................... 16 PROPOSED SYSTEM WATTAGES & TECHNOLOGY ............................................................................................................. 16 TABLE 4.1: PROPOSED SYSTEM ANNUAL COSTS ............................................................................................................... 17 ENERGY CONSUMPTION and COST SAVINGS ................................................................................................................... 17 TABLE 4.2: ANNUAL ENERGY SAVINGS (kWh)................................................................................................................... 17 TABLE 4.3: ANNUAL COST SAVINGS .................................................................................................................................. 17

4 CITY of RIALTO, CA

SIEMENS
The Siemens Intelligent Traffic Systems (ITS) Energy Services team is a dedicated organization within Siemens ITS who works exclusively with local agencies to assist in the development of LED street light conversion projects. To date, Siemens ITS Energy Services team has completed over $60 million in street light conversion projects. We specialize in maintenance, and therefore have a long term view in selecting high quality lighting solutions that will meet the cities needs over many years. Nationally, Siemens has completed:
 LED conversion of over 150,000 street lights
 Over 500,000 traffic signal LED conversions
 Over 300 street and traffic light maintenance contracts with public agencies in the US

5 CITY of RIALTO, CA

INTRODUCTION
The following Investment Grade Audit provides the City of Rialto the results of a system wide analysis of the Southern California Edison (SCE) owned LS-1 street light system. Siemens ITS staff and field audit subcontractor Evari GIS Consulting completed a pole-by-pole field check of the street lights in the City. The data collected was then compiled into a database, compared to the SCE billing data, and the anticipated acquisition and LED conversion cost savings was calculated.

The City of Rialto has the opportunity to purchase approximately 3,800 street light assets from SCE. By purchasing the street light assets, converting them to LED technology and maintaining the system, the City can anticipate an annual cost savings of $360,051.

6 CITY of RIALTO, CA

SCOPE OF WORK
AUDIT
The first step was obtaining GIS data by the utility Southern California Edison (SCE) who currently owns the existing system. By integrating it into a GIS platform, Siemens conducted a data collection phase in which field personnel went to every location provided in the system to confirm or correct the data, which would then be used to establish a baseline of costs and benefits with regards to the customer purchasing, maintaining, and converting the entire system to LEDs.

ANALYSIS
The following pages are a detailed analysis conducted under the objective of identifying any and all benefits for the City of Rialto to purchase & maintain their existing street light system. Upon review of the data collected in the field during the audit, it has been determined that the City of Rialto, CA would benefit from a 3-step process, ending in the owning and operating of an LED street light system:

1. Utility Bill Corrections – while minor in comparison, there were a few discrepancies that were identified:
a. A total of (5) items were found to not actually exist in the field that the City is still paying for, and b. (206) total fixtures were found to be of different wattages than what the utility had on record. Impacts of correcting these discrepancies will have a positive and negative impact on the customers utility bill, however the net result is positive, however small.

2. System Purchase – the customer should purchase the existing system under an adjusted cost based on the added age of the assets since its last valuation and the discrepancies discussed. The customer should also identify a method for maintaining a street light system before taking ownership, which – as mentioned below – would be to either perform the maintenance “in-house” or hire a 3rd party contractor.

3. System Conversion – once the customer owns their street lights, they should move forward with a conversion to more energy efficient LEDs. This will drastically reduce the cost to operate and maintain the street light system, while providing equal or improved light levels based on the perceived lumens of both systems.

7 CITY of RIALTO, CA

UTILITY BILL ANALYSIS
Unmetered street lights that fall under the territory of Southern California Edison (SCE) that are included in this report, there exists two tariff rates that are dependent upon ownership of the street lights (assets). The street light tariffs have two components that makeup the costs associated with operating and maintaining the streetlights. The energy costs are based on the total kWh of a system, and the facility charges (also known as “Service Charges”) are based on the wattage and lamp of each fixture, and are applied on a monthly basis.

LS-1: Company Owned Assets
Applicable to service for the lighting of streets, highways, and publicly-owned and publicly-operated automobile parking lots which are open to the general public where SCE owns and maintains the street lighting equipment and associated facilities under this schedule.

LS-1 COSTS

LS-2 b: Customer Owned Assets
Applicable to unmetered service for the lighting of streets, highways, other public thoroughfares, and publicly-owned and publicly-operated automobile parking lots, which are open to the general public, where the customer owns the street lighting equipment including, but not limited to, the pole, mast arm, luminaire and lamp, and all connecting cable in a street light system.

LS-2 b COSTS

Trans Distribution NSGC NDC PPPC DWRBC PUCRF Total UG DWREC Total LS-1 All Night Service 0.00831 0.00981 0.00199 -0.00085 0.01098 0.00539 0.00033 0.03596 0.03584 -0.00022 0.03562 50 Watt 8.87
70 Watt 8.81
100 Watt 8.81
150 Watt 9.31
200 Watt 9.75
250 Watt 9.61
310 Watt 9.80
400 Watt 9.68
50 WattEquivalent 9.43
70 WattEquivalent 9.61
100 WattEquivalent 9.75
150 WattEquivalent 10.44
200 WattEquivalent 11.30
250 WattEquivalent 12.93
400 WattEquivalent 13.75
Delivery Service Generation
HPS
LED
Cost / Lamp / Month TOTAL ENERGY CHARGES: 0.07158
TransDistribution NSGC NDC PPPC DWRBC PUCRF Total UG DWREC Total LS-2 All Night Service 0.00831 0.00981 0.00199 -0.00085 0.01098 0.00539 0.00033 0.03596 0.03584 -0.00022 0.03562 ALL LAMPS $2.47
Delivery Service Generation
Cost / Lamp / Month TOTAL ENERGY CHARGES: 0.07158

8 CITY of RIALTO, CA

TARIFF RATE CHANGES
It should be noted that all calculated costs stated in this report are based on the existing tariffs and their cost structures.

Any changes to the LS-1 and LS-2 B tariffs and associated rates will result in changes to the calculated values.

Both the LS-1 and LS-2 B tariffs are included in Attachment A for the customers’ review.

9 CITY of RIALTO, CA

EXISTING LIGHTING SYSTEM
In reference to Attachment B which was a valuation provided by SCE for purchase of an existing inventory, a total asset count of 3,813 assets is stated. However, the data provided by the utility for the data collection stage in the field only listed a total of 3,811 assets. It is assumed that the missing (2) data points had been removed between the date of the valuation and the date of the data delivery. Furthermore, it is unknown what the missing data points were, with regards to wattage and lamp type.

STYLES, QTY, WATTAGES, and OTHER TECHNOLOGY
TABLE 2.1 – DATA DELIVERED QUANTITIES

POLE MATERIAL SCE WATTAGE & LAMP QTY
CONCRETE 50 HPS 2
70 HPS 1770
100 HPS 1189
150 HPS 210
200 HPS 52
250 HPS 1
METAL 70 HPS 190
100 HPS 42
150 HPS 5
WOOD 100 HPS 150
150 HPS 24
200 HPS 13
250 HPS 1
70 HPS 162
GRAND TOTAL 3811

EXISTING BASELINE
The existing system is currently being billed under the LS-1 tariff rate, with the quantities and types shown in table 2.1 above. Establishing an existing system baseline is important for identifying billing changes that would occur under billing corrections, asset purchases, and conversions.

Under the SL-1 tariff rate, annual baseline costs for the existing system are shown in table 2.2 below:

TABLE 2.2 – EXISTING SYSTEM BASELINE
ANNUAL
KWH

ANNUAL ENERGY
COSTS

ANNUAL FACILITY COST TOTAL ANNUAL

OPERATING COSTS
RIALTO, CA 1,656,684 $118,585 $404,663 $523,248
GRAND TOTAL 1,656,684 $118,585 $404,663 $523,248

During the data collection stage, the data provided by SCE was used for verification of asset location. It has been determined that an additional (5) assets that had GIS data assigned to them were in fact not in the field. Table 2.3

10 CITY of RIALTO, CA
below shows the pole material, wattage, and lamp type for these missing assets. These assets should be removed from the current billing system, unless the customer wishes to have them reinstalled.

TABLE 2.3 – ASSETS NO T FOUND IN FIELD

POLE MATERIAL SCE WATTAGE & LAMP QTY
CONCRETE 70 HPS 2
100 HPS 1
METAL 70 HPS 1
100 HPS 1
GRAND TOTAL 5

In addition to missing assets, there were instances where the observed wattages and lamp types did not match the existing SCE data, thus not matching the existing billed system. Table 2.4 shows the wattage and lamp type variances found during the data collection phase:

TABLE 2.4 – WATTAGE & LAMP VARIANCES
POLE

MATERIAL

OBSERVED

WATTAGE &
LAMP

SCE WATTAGE & LAMP ADDITIONS
50 HPS 70 HPS 100 HPS 150 HPS 200 HPS 250 HPS
CONCRETE 70 HPS 2 86 2 2 92
100 HPS 62 8 6 76
150 HPS 3 10 13
200 HPS 2 3 5 10
250 HPS 1 1
400 HPS 1 1
94 LED 2 2
103 LED 1 1
106 LED 1 1
189 LED 1 3 4
CONCRETE SUBTRACTRACTIONS 2 70 105 15 9 0 201
METAL 70 HPS 3 3
100 HPS 2 2
150 HPS 0
METAL SUBTRACTRACTIONS 0 2 3 0 0 0 5
GRAND TOTAL 2 72 108 15 9 0 206

The primary approach for converting to LEDs is a one-for-one energy conservation measure (ECM) under the assumption that the customer is generally satisfied with the existing lit environment. While billing accuracy is important for the customer even with a High Intensity Discharge (HID) lighting system, the main reason for identifying inaccuracies between book values and field values with respect to wattage and lamp type is for the design of the LED system, which is best done by trying to achieve a lit environment that is equal to the existing one. Thus a field value in this regard supersedes ledger values.

11 CITY of RIALTO, CA
TABLE 2.5 – FINAL SCOPE QUANTITIES

POLE MATERIAL WATTAGE & LAMP QTY
CONCRETE 70 HPS 1790
100 HPS 1159
150 HPS 208
200 HPS 53
250 HPS 2
400 HPS 1
94 LED 2
103 LED 1
106 LED 1
189 LED 4
METAL 70 HPS 190
100 HPS 40
150 HPS 5
WOOD 100 HPS 150
150 HPS 24
200 HPS 13
250 HPS 1
70 HPS 162
GRAND TOTAL 3806

The existing system can also be broken down by style, which is not considered material for the energy and service charges, however for a light source conversion style will need to be recognized in order to assure that all fixtures are replaced with their LED counterparts. Table 2.6 below breaks the assets down by style:

TABLE 2.6 – EXISTING SYSTEM BY STYLE

STYLE QTY
COBRAHEAD 3724
DOUBLECOBRAHEAD 4
GATEWAY 38
POSTTOP 40
GRAND TOTAL 3806

In order to fully understand the benefits of street light ownership and conversion, a baseline based on the established existing system needs to be provided, as is in Table 2.7 below:

12 CITY of RIALTO, CA
TABLE 2.7 – BASELINE ENERGY CONSUMPTION AND COSTS

SYSTEM CORRECTIONS
Siemens recommends that the utility be notified of all billing adjustments in an attempt to reach 100% billing accuracy.

This includes discussing the assets that were not found in the field during the data collection phase, as well as the wattage and lamp variances identified in Table 2.4.

Once the system corrections have been recognized by the utility, the customer can expect to see a minor adjustment to system costs as that shown in Table 3.1 below:

TABLE 3.1 – CORRECTED SYSTEM ANNUAL COST SAVINGS

ANNUAL ENERGY

COST SAVINGS

ANNUAL SERVICE

CHARGE SAVINGS

ANNUAL OPERATING

COST SAVINGS
CITY OF RIALTO, CA $ 118 $ 424 $ 541
GRAND TOTAL $ 118 $ 424 $ 541

SYSTEM PURCHASE
Customers who purchase street lighting equipment from their utility can typically incur savings that are attributed to the maintenance – or in this case the “service charge” – of their lighting equipment. Under this scenario, the customer is responsible for the maintenance of the lighting system, which can be done either by their own maintenance department or by hiring a 3rd party to maintain the system at a lesser cost than what the utility cost was. Because these new costs have not been established yet, Siemens takes a conservative approach to estimating the cost/fixture/month, which is derived from historical data from Siemens’ own street light maintenance group.

Because energy consumption will not have changed, these costs are not affected by the purchase of the system.

Table 3.2 below shows the new anticipated savings the customer will see, based on the corrected ledger and after assuming ownership of the existing system, which will place the new assets on the SCE LS-2 B tariff rate:

TABLE 3.2 – EXISTING SYSTEM SAVINGS UNDER LS-2 TARIFF

ANNUAL ENERGY

COST SAVINGS

ANNUAL SERVICE COST

SAVINGS

ANNUAL OPERATING

COST SAVINGS
CITY OF RIALTO, CA $0 $291,853 $291,853
GRAND TOTAL $0 $291,853 $291,853

Once the customer purchases their existing system, they will be required to maintain the street lights on their own, which can be done either through a in-house approach in which the customer has their own street light maintenance system, or by hiring a 3rd party maintenance contractor like Siemens to manage the system. Siemens’ historical data

ANNUAL KWH ANNUAL ENERGY
COST

ANNUALSERVICE

CHARGES
ANNUAL

OPERATING
COSTS
RIALTO, CA 1,658,327 $118,703 $405,087 $523,790
GRAND TOTAL 1,658,327 $118,703 $405,087 $523,790

13 CITY of RIALTO, CA
shows that a traditional HID system incurs approximately $12/fixture/year on average, while an LED system is $4/fixture/year. Service cost savings includes routine maintenance costs only. Any structural damage to poles or associated wiring is not included in the cost savings calculation.

In all, once the customer takes ownership they can expect to offset the annual operating savings shown in Table 3.2 above by approximately $45,000 per year, bringing the net annual operating cost savings for correcting the existing inventory and taking ownership to $246,722.

14 CITY of RIALTO, CA

SYSTEM CONVERSION
Customer who own the community street lighting system – or portions of it – are permitted to convert the street lights to technologies that are recognized by the LS-2 customer ownership tariff rate, whether it is to improve lighting quality, energy consumption, or any other reason. LED street lighting technology is recognized by the SCE LS-2 tariff, which is why many customers are converting their street lights to LEDs as it provides both a better lit environment and improved energy consumption.

HIGH PRESSURE SODIUM (HPS) TECHNOLOGY
The most common technology found to make up existing systems is that of a High Pressure Sodium (HPS) light source.

HPS is a form of gas-discharge technology that uses an excited state to produce light. With a typical efficacy of 100 lumens per watt1 (lm/w) as-well-as their relatively low operational costs, HPS lamps were historically considered a good light source for outdoor applications. However, due to their poor Color Rendering Index (CRI) value of approximately 20 CRI, HPS technology is quite limited. With an average life of approximately 12,000 – 24,000 operational hours, HPS lamps require replacement every three to six years; the ballasts need to be replaced every seven years and the entire fixture every ten years.

LIGHT EMITTING DIODE (LED) TECHNOLOGY
Light Emitting Diode (LED) technology is a form of solid state lighting that is a two-lead semiconductor light source, which utilizes a p-n junction2 diode that emits a light when activated. Over the last several years, LEDs have met and exceeded the efficacy of HPS systems, with efficacy values for street lights in the vicinity of 100 lm/w, and some – mainly those found in cobra head style luminaires – achieving over 120 lm/w, thus making them a solid-state equivalent light source for a multitude of applications, including roadway lighting. Unlike their HPS counterparts, LEDs have a higher CRI, with values exceeding 80 CRI, which improves the quality of the light for Mesopic vision3 applications. LED fixtures have an expected service life of over 100,000 hours (approximately 24 years) which is 3-to-6 times longer than the expected lifetime of the incumbent HPS technology.

BENEFITS OF LED OVER HPS
While efficacy and CRI are not the only metrics for comparing LEDs to Sodium lamp sources, it is a good start when looking at the quantitative and qualitative benefits that LEDs have over their HPS equivalents. In addition to improved efficacy values, the electromagnetic-spectrum range that LED light sources fall unto has an improved impact on the lumens perceived by the human eye, making the lumen-for-lumen measurement between and LED and HPS light sources a scaled comparison, which favors LED technology’s affect on outdoor applications. Due to the exceptional operational life, when compared to HPS technology, LEDs are less expensive to both operate and maintain. With their higher efficacy and improved perceived lumen output, LEDs are able to operate using less energy, for a longer period of time. Furthermore, LEDs have historically been guided by Moore’s Law, with their exponential growth in efficacy having an inverse relationship to their costs.

Because the characteristics of an LED light source outshine those of an HPS lamp, the Light Emitting Diode (LED) has become the primary light source for cities and municipalities with respect to roadway and outdoor area lighting applications.

1 When measured for Photopic lighting conditions
2 A boundary or interface between two types of semiconductor material, p-type and n-type, inside a single crystal of semiconductor 3 Light levels range from luminances of approximately 0.001 to 3 cd m−2

15 CITY of RIALTO, CA

PROPOSED SYSTEM FIXTURE SELECTION
Siemens is an expert with both the quantitative and the qualitative benefits of converting from an HID street lighting system to an LED street lighting system. The improvements to the quality of light are founded on the fact that the system operates in a Mesopic environment4, and that each lamp type (HPS, MH, MV, and LED) provides light that is perceived differently by the human eye.

Under the conditions present in a roadway lighting system, the LED solution can have an initial lumen output from the fixture that is less than that of its HID counterpart, and still produce the same perceived environment depending on the Scotopic/Photopic (S/P) ratio, which is a correction factor determined by the spectrum of the light source, as recognized by the industry.

The Siemens’ fixture selection approach is based on the perceived lumen methods, created by the Lawrence Berkley National Laboratory in July 19955. This approach has allowed Siemens to maximize energy savings for customers without sacrificing the quality of the lit environment. While energy savings is a driving factor for a system conversion, Siemens believes that a properly lit environment is as equally important as the energy & cost savings LED brings to the customer.

We specialize in maintenance, so we gravitate toward lighting fixtures that are well-designed and provide the longest proven maintenance-free service. We have extensive experience in assisting in the selection of appropriate fixtures, performing test installations, light level studies, and helping our customers promote the financial and environmental benefits of the initiative. Our objective is to provide both vendor neutral and objective information to the City, enabling informed decisions at each project phase.

4 Luminance Levels ranging from 0.005 cd/m2 – 5 cd/m2
5 Reengineering of Lighting Photometry, S.M. Berman, LBNL-42327-L-213

16 CITY of RIALTO, CA

RECOMMENDED FIXTURES FOR THE CITY OF RIALTO, CA
For the majority of the fixtures, Siemens selected the GE Evolve series fixture to replace all cobra head style fixtures that are still utilizing HID technologies. The Evolve is optimized for customers requiring a LED solution for local, collector and major roadways. Its unique reflective optics is designed to optimize application efficiency and minimize glare while the modern design incorporates the heat sink directly into the unit for heat transfer, thus prolonging LED life. This reliable unit has a 100,000 hour design life, significantly reducing maintenance needs and expenses over the life of the fixture.

This efficient solution lowers energy consumption compared to traditional HID fixture for additional operating cost savings.

In conducting the audit, it was also discovered that some of the street lights are of decorative nature in two different styles: gateway and post top. For these fixtures, Siemens selected the EYE Lighting LEDioc retrofit system, which is a decorative retrofit kit – NOT a replacement lamp – that can be specifically designed around the existing luminaire, to provide a 10 year warranty with a DLC listed product, available in 3000K, 4000K, or 5000K CCT. The LED retrofit kit includes a separate LED light source, LED driver and transient immunity device (TID). All three components are individually replaceable. The LED retrofit kit is capable of field adjusting the light center length of the LED light source to match the photometric light center length of the original luminaire, making it easier to match the existing lit environment.

For further details on both GE and EYE Lighting specified products, see Attachment C.

PROPOSED SYSTEM WATTAGES & TECHNOLOGY

STYLE LINE
ITEM

CATALOG NUMBER WATTAGE QTY
COBRAHEAD A ERL1-0-03-B1-40-A-GRAY 25 2,098
B ERL1-0-04-B1-40-A-GRAY 32 1,349
C ERL1-0-07-C1-40-A-GRAY 67 199
D ERL1-0-10-C1-40-A-GRAY 90 66
E ERL1-H-0-13-C1-40-A-GRAY 125 3
F ERS2-0-19-C1-40-A-GRAY 162 1
I (ALREADY LED) 94 2
J (ALREADY LED) 103 1
K (ALREADY LED) 106 1
L (ALREADY LED) 189 4
DOUBLECOBRAHEAD A ERL1-0-03-B1-40-A-GRAY 25 4
GATEWAY G LES - 57W443 - 840 - HWD - XXXX - UNV - 1* 57 38 POST TOP H LES - 37W333 - 840 - HWD - XXXX - UNV - 1* 37 40 GRAND TOTAL 3,806

With a 70% reduction in energy consumption, the proposed system has a significantly lower operating cost than traditional HID systems, by comparison. As shown in Table 4.1 below, the total costs of the existing system are lower by a large margin than those in Table 2.7 above:

17 CITY of RIALTO, CA
TABLE 4.1: PROPOSED SYSTEM ANNUAL COSTS

TOTAL ENERGY
COSTS

TOTAL SERVICE
COST

TOTAL OPERATING
COSTS6
CITY OF RIALTO, CA $35,641 $112,810 $163,675
GRAND TOTAL $35,641 $112,810 $163,675

ENERGY CONSUMPTION and COST SAVINGS
Upon the completion of the (3) steps defined:

1. Utility bill correction

2. System ownership

3. LED conversion
The City of Rialto would see a net benefit of a 70% reduction in energy consumption (kWh) and a net reduction of over 80% in operating costs associated with streetlight systems, as shown in Tables 4.2 and 4.3 below:

TABLE 4.2: ANNUAL ENERGY SAVINGS (kWh)
EXISTING: KWH PROPOSED: KWH ENERGY SAVINGS (KWH)
CITY OF RIALTO, CA 1,656,684 497,916 1,158,768 70%
GRAND TOTAL 1,656,684 497,916 1,158,768 70%

TABLE 4.3: ANNUAL COST SAVINGS

ENERGY SAVINGS
(KWH)

ENERGY COST

SAVINGS

SERVICE COST

SAVINGS

OPERATING COST
SAVINGS6
CITY OF RIALTO, CA 1,158,768 $83,062 $292,278 $360,116 GRAND TOTAL 1,158,768 $83,062 $292,278 $360,116

6 Includes $4/fixture/yr in maintenance costs

Southern California Edison Revised Cal. PUC Sheet No. 58336-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57886-E

Schedule LS-1
Sheet 1

LIGHTING - STREET AND HIGHWAY - UNMETERED SERVICE

COMPANY-OWNED SYSTEM

(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3319-E-A R.O. Nichols Date Filed Dec 23, 2015
Decision Senior Vice President Effective Jan 1, 2016
1C17 Resolution

APPLICABILITY

Applicable to service for the lighting of street s, highways, and publicly-owned and publicly-operated automobile parking lots which are open to the general public where SCE owns and maintains the street lighting equipment and associated facilities included under this Schedule.

TERRITORY

Within the entire territory served.

RATES

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG*** DWREC10 Energy Charge* - $/kWh/Lamp/Month
All Night Service 0.00831 (I) 0.00981 (I) 0.00199 (R) (0.00085) (R) 0.01098 (I) 0.00539 (I) 0.00033 (I) 0. 03596 (I) 0.03584 (R) (0.00022) (I) Midnight Service 0.00831 (I) 0.00981 (I) 0.00199 (R) (0.00085) (R) 0.01098 (I) 0.00539 (I) 0.00033 (I) 0. 03596 (I) 0.03584 (R) (0.00022) (I) All Night/Midnight Service Charge
Incandescent Lamps** - $/Lamp/Month
103 Watt 9.53 9.53
202 Watt 9.48 9.48
327 Watt 9.48 9.48
Mercury Vapor Lamps** - $/Lamp/Month
100 Watt 8.87 8.87
175 Watt 8.81 8.81
250 Watt 9.29 9.29
400 Watt 9.75 9.75
700 Watt 9.68 9.68
High Pressure Sodium Vapor Lamps - $/Lamp/Month
50 Watt 8.87 8.87
70 Watt 8.81 8.81
100 Watt 8.81 8.81
150 Watt 9.31 9.31
200 Watt 9.75 9.75
250 Watt 9.61 9.61
310 Watt 9.80 9.80
400 Watt 9.68 9.68
Delivery Service Generation9

Southern California Edison Revised Cal. PUC Sheet No. 58337-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57613-E

Schedule LS-1
Sheet 2

LIGHTING - STREET AND HIGHWAY - UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3319-E-A R.O. Nichols Date Filed Dec 23, 2015
Decision Senior Vice President Effective Jan 1, 2016
2C14 Resolution

RATES (Continued)

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG*** DWREC10 Low Pressure Sodium Vapor Lamps - $/Lamp/Month
35 Watt 11.39 11.39
55 Watt 11.39 11.39
90 Watt 11.92 11.92
135 Watt 11.80 11.80
180 Watt 12.36 12.36
Metal Halide Lamps - $/Lamp/Month
100 Watt 9.59 9.59
150 Watt 9.40 9.40
175 Watt 10.00 10.00
250 Watt 10.17 10.17
400 Watt 9.94 9.94
Light Emitting Diode (LED) Lamps - $/Lamp/Month
(High Pressure Sodium Vapor Recommended Lamps)
50 Watt 9.43 9.43
70 Watt 9.61 9.61
100 Watt 9.75 9.75
150 Watt 10.44 10.44
200 Watt 11.30 11.30
250 Watt 12.93 12.93
400 Watt 13.75 13.75
Tap Device Annual Charge - $/Device 14.13 14.13
Delivery Service Generation9

* The kilowatthours used to determine the Energy Charge for the lamp types and sizes served under this Schedule are shown in the Special Conditions section, below.

** Closed to new installations.
*** The ongoing Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the URG component of Generation. 1 Trans = Transmission and the Transmission Ow ners Tariff Charge Adjustments (TOTCA) which are FERC approved. The TOTCA represents the Transmission Revenue Balanci ng Account Adjustment (TRBAA) of $(0. 00036) per kWh, Reliability Services Balancing Account Adjustment (RSBAA) of $0.00003 per kWh, and Transmission Access Charge Balancing Account Adjustment (TACBAA) of $0.00127 per kWh.

(R)
(I)

2 Distrbtn = Distribution
3 NSGC = New System Generation Charge
4 NDC = Nuclear Decommissioning Charge
5 PPPC = Public Purpose Programs Charge (includes Californi a Alternate Rates for Energy Surcharge where applicable.) 6 DWRBC = Department of Water Resources (DWR) Bond Charge . The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082.

7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E. 8 Total = Total Delivery Service rates are applicable to Bundled Service, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) Customers, except DA and CCA Service Customers are not subj ect to the DWRBC rate component of this Schedule but instead pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.

9 Generation = The Generation rates are applic able only to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credit – For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule.

Southern California Edison Revised Cal. PUC Sheet No. 48931-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48624-E

Schedule LS-1
Sheet 3

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2629-E Akbar Jazayeri Date Filed Sep 15, 2011
Decision Vice President Effective Oct 15, 2011
3C8 Resolution

SPECIAL CONDITIONS

1. Kilowatthours for Lamp Type and Size: The k ilowatthours for the lamp types and sizes served under this Schedule used to determine the Energy Charge are shown below:

Nominal Lamp Rating kWh Per Lamp Per Month*
A B
Average All
Lamp Initial Night Midnight
Wattage Lumens Service Service
Incandescent Lamps**
103 1,000 35.535 18.633
202 2,500 69.690 36.542
327 4,000 112.815 59.154
448 6,000 154.560 81.043
Mercury Vapor Lamps**
100 4,000 45.195 23.698
175 7,900 74.520 39.074
250 12,000 103.845 54.451
400 21,000 163.530 85.747
700 41,000 277.035 145.263
1,000 55,000 391.575 205.322
High Pressure Sodium Vapor Lamps
50 4,000 20.010 10.492
70 5,800 28.635 15.015
100 9,500 40.365 21.165
150 16,000 66.585 34.914
200 22,000 84.870 44.501
250 27,500 107.985 56.622
310 37,000 132.135 69.285
400 50,000 167.325 87.737
Low Pressure Sodium Vapor Lamps
35 4,800 21.735 11.397
55 8,000 28.980 15.196
90 13,500 45.195 23.698
135 22,500 62.790 32.924
180 33,000 79.005 41.426
Metal Halide Lamps
70 5,500 32.430 16.998
100 8,500 44.505 23.328
150 12,000 61.410 32.188
175 12,000 74.175 38.879
250 19,500 101.775 53.346
400 32,000 158.010 82.822
1,000 100,000 372.600 195.300
1,500 150,000 553.725 290.238
* When an account has more than one lamp, the total kWh will be the kWh per month lamp rating to three decimal places multiplied by the number of lamps. ** Closed to new installations.

(N)

(N)

Southern California Edison Revised Cal. PUC Sheet No. 48625-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 48035-E

Schedule LS-1
Sheet 4

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE (T)

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
4C16 Resolution

SPECIAL CONDITIONS (Continued)

1. Kilowatthours For Lamp Type and Size
: (Continued)

Light Emitting Diode (LED) Lamps

kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh***** Including Driver Loss***
Mid-Point Range**** All Night Midnight

0-5 2.50 0.9 0.5

5.01-10 7.50 2.6 1.4

10.01-15 12.50 4.3 2.3

15.01-20 17.50 6.0 3.2

20.01-25 22.50 7.8 4.1

25.01-30 27.50 9.5 5.0

30.01-35 32.50 11.2 5.9

35.01-40 37.50 12.9 6.8

40.01-45 42.50 14.7 7.7

45.01-50 47.50 16.4 8.6

50.01-55 52.50 18.1 9.5

55.01-60 57.50 19.8 10.4

60.01-65 62.50 21.6 11.3

65.01-70 67.50 23.3 12.2

70.01-75 72.50 25.0 13.1

75.01-80 77.50 26.7 14.0

80.01-85 82.50 28.5 14.9

85.01-90 87.50 30.2 15.8

90.01-95 92.50 31.9 16.7

95.01-100 97.50 33.6 17.6
100.01-105 102.50 35.4 18.5
105.01-110 107.50 37.1 19.4
110.01-115 112.50 38.8 20.3
115.01-120 117.50 40.5 21.2
120.01-125 122.50 42.3 22.2
125.01-130 127.50 44.0 23.1
130.01-135 132.50 45.7 24.0
135.01-140 137.50 47.4 24.9
140.01-145 142.50 49.2 25.8
145.01-150 147.50 50.9 26.7
150.01-155 152.50 52.6 27.6
155.01-160 157.50 54.3 28.5
160.01-165 162.50 56.1 29.4
165.01-170 167.50 57.8 30.3
170.01-175 172.50 59.5 31.2

Southern California Edison Revised Cal. PUC Sheet No. 48626-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 48036-E

Schedule LS-1
Sheet 5

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE (T)

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
5C17 Resolution

SPECIAL CONDITIONS (Continued)

1. Kilowatthours For Lamp Type and Size
: (Continued)

Light Emitting Diode (LED) Lamps

kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh***** Including Driver Loss***
Mid-Point Range**** All Night Midnight

175.01-180 177.50 61.2 32.1
180.01-185 182.50 63.0 33.0
185.01-190 187.50 64.7 33.9
190.01-195 192.50 66.4 34.8
195.01-200 197.50 68.1 35.7
200.01-205 202.50 69.9 36.6
205.01-210 207.50 71.6 37.5
210.01-215 212.50 73.3 38.4
215.01-220 217.50 75.0 39.3
220.01-225 222.50 76.8 40.2
225.01-230 227.50 78.5 41.1
230.01-235 232.50 80.2 42.0
235.01-240 237.50 81.9 42.9
240.01-245 242.50 83.7 43.9
245.01-250 247.50 85.4 44.8
250.01-255 252.50 87.1 45.7
255.01-260 257.50 88.8 46.6
260.01-265 262.50 90.6 47.5
265.01-270 267.50 92.3 48.4
270.01-275 272.50 94.0 49.3
275.01-280 277.50 95.7 50.2
280.01-285 282.50 97.5 51.1
285.01-290 287.50 99.2 52.0
290.01-295 292.50 100.9 52.9
295.01-300 297.50 102.6 53.8
300.01-305 302.50 104.4 54.7
305.01-310 307.50 106.1 55.6
310.01-315 312.50 107.8 56.5
315.01-320 317.50 109.5 57.4
320.01-325 322.50 111.3 58.3
325.01-330 327.50 113.0 59.2
330.01-335 332.50 114.7 60.1
335.01-340 337.50 116.4 61.0
340.01-345 342.50 118.2 61.9
345.01-350 347.50 119.9 62.8
350.01-355 352.50 121.6 63.7

Southern California Edison Revised Cal. PUC Sheet No. 51704-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48627-E

Schedule LS-1
Sheet 6

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2860-E Akbar Jazayeri Date Filed Mar 12, 2013
Decision Vice President Effective Apr 11, 2013
6C7 Resolution

1. Kilowatthours For Lamp Type and Size: (Continued)

Light Emitting Diode (LED) Lamps (Continued)

kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh***** Including Driver Loss*** Mid-Point Range**** All Night Midnight

355.01-360 357.50 123.3 64.6
360.01-365 362.50 125.1 65.6
365.01-370 367.50 126.8 66.5
370.01-375 372.50 128.5 67.4
375.01-380 377.50 130.2 68.3
380.01-385 382.50 132.0 69.2
385.01-390 387.50 133.7 70.1
390.01-395 392.50 135.4 71.0
395.01-400 397.50 137.1 71.9

*** Lamp Wattage is based on the total wattage consumption of the lamp and driver.

**** The Mid-Point Range of the Lamp Watts including driver, is established by deducting

2.5 Watts from the highest wattage of t he corresponding range in the “Lamp Watts Including Driver” column.

***** The energy use calculation for All Night Service is (Mid-Point Range watts) x (4,140 hours/12 months/1000). The same calculation is used for Midnight service except that the hours of service is replaced with 2,170 hours.

(D)

Southern California Edison Revised Cal. PUC Sheet No. 52412-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48628-E

Schedule LS-1
Sheet 7

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 7C16 Resolution

SPECIAL CONDITIONS (Continued)

2. Standard Installation: A standard installation in cludes an overhead multiple service installation where SCE furnishes bracket or mast arm c onstruction and standard luminaire attached to a wood pole.

SCE is responsible for all installation costs associated with the initial street light installation, as well as ongoing maintenance and replacement service when SCE has determined that such replacement is necessary. The installed cost of the Standard Installation is established by Commission Decision in SCE’s General Rate Case proceeding. All facili ties installed shall become and remain the sole property of SCE.

3. Other Than Standard Installation:

a. Prior to January 1, 2014:

(1) Installation and Payment Provision: Wh ere the applicant requests the installation of an other than standard (OTS) Installation and the request is acceptable to SCE, SCE will install the requested equipment provided the OTS street light, installation, design, labor and material is in accordance with SCE’s design and engineering specifications, and the applicant agrees to advance the amount invoiced for the installation, as described in 3.a.(2) below. For an underground service installation, the, Applicant is responsible for furn ishing and installing any necessary conduit, structures, excavating, backfilling and rest oration of the pavement in accordance with SCE’s specifications. SCE will reta in ownership of the facilities, and will be responsible for ongoing maintenance and replacement service when SCE has determined that such replacement is nece ssary. Advances made for other than a standard installation will not be refunded.

(2) Wood Pole Allowance Provision: For OTS Installations where SCE installs the requested equipment, as described in Special Condition 3.a(1) above, the applicant is required to pay the estimated difference between the OTS installed costs and the Wood Pole Allowance. This amount will be invoiced by SCE, and the customer must satisfy both of the following conditions before January 1, 2014 for the provision of the Wood Pole Allowance to apply:

(a) A complete street light design package must be submitted to SCE including the SCE street light authorization form completed by the applicable public authority, and;

(b) The SCE invoice for the proposed street light facilities must be paid in full.

(N)
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(N)

(N)

(T)
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(D)
(L)

Southern California Edison Revised Cal. PUC Sheet No. 55658-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 52413-E

Schedule LS-1
Sheet 8

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3118-E Megan Scott-Kakures Date Filed Oct 23, 2014 Decision Vice President Effective Nov 22, 2014
8C13 Resolution

SPECIAL CONDITIONS (Continued)

3. Other Than Standard Installation: (Continued)

b. Starting on January 1, 2014:

(1) Installation and Payment Provision: Effective January 1, 2014, where the applicant requests an OTS Installation, and the request is acceptable to SCE, the requested equipment will be installed pursuant to Installation Options (a) or (b), below:

(a) Applicant-Installed: The applicant pr ovides the OTS street light, installation, labor and material (cable and related elec trical facilities) of OTS by the applicant’s qualified contractor or sub- contractor in accordance with SCE’s design and engineering specifications, cove rs all costs associated with the installation of the OTS street light facility (including furnishing and installing any necessary conduit, structures, excava tion, backfill and restoration of the pavement in accordance with SCE’s specifications), pays SCE for system inspections and upon completion of fa cility installation and subsequent acceptance by SCE, the applicant tran sfers and conveys ownership of all installed structures and facilities to SCE. SCE will be responsible for ongoing maintenance and replacement service w hen SCE has determined that such replacement is necessary.

(b) SCE-Installed: The applicant requests SCE to provide the OTS street light installation, design, labor and material in accordance with SCE’s design and engineering specifications, and the applicant agrees to advance the full cost of the installation. For an underground serv ice installation, the Applicant is responsible for furnishing and insta lling any necessary conduit, structures, excavation, backfill and restoration of the pavement in accordance with SCE’s specifications. SCE will retain ow nership of the facilities, and will be responsible of ongoing maintenance and replacement service when SCE has determined that such replacement is necessary. Advances made for OTS Installations will not be refunded.

(2) Wood Pole Allowance Provision: Ef fective January 1, 2014, SCE will discontinue granting the Wood Pole Allowance to applicants under this Schedule.

4. Hours of Service: Under SCE’s st andard all night operating schedule approximately 4,140 hours of service per year will be furnis hed. Under SCE’s midnight service operating schedule approximately 2,170 hours of service per year will be furnished.

(T)

Southern California Edison Revised Cal. PUC Sheet No. 52414-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48629-E

Schedule LS-1
Sheet 9 (T)

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 9C21 Resolution

SPECIAL CONDITIONS (Continued)

5. Other Than All Night Service:

a. Where the customer requests the installa tion and/or removal of equipment in order to obtain Midnight Service and such request is acceptable to SCE, SCE will comply with such request provided the customer first agrees to pay to SCE the estimated cost installed of any additional equipment require d and/or the removal cost of equipment currently installed. Such payments will not be refunded and shall be paid in advance or in installments acceptable to SCE over a period not to exceed three years.

Facilities installed in connection with such requests become and remain the sole property of SCE.

b. Total non-energy charge(s) shown under the RATES section shall be applicable under this Schedule when SCE has been requested to discontinue the existing service by the customer and the customer has stipulated, in writing, that the facilities are to be left in place for future use.

6. Removal, Relocation or Modification of Facilities:

a. Where street lighting serv ice and facilities are ordered removed by a customer and such facilities, or any part t hereof, were in service for a pe riod of less than 10 years (120 consecutive months), the customer shall pay to SCE a nonrefundable amount equal to the total estimated cost installed less any customer contribution, plus the estimated cost of removal less the estimated net salvage value of the facilities.

b. Where street lighting service and facilitie s were ordered removed or modified by a customer and such service an d facilities, or their equival ent, are ordered reinstalled within 36 months from the date of the order to remove or to modify, the customer shall pay to SCE, in advance of the reinstal lation, a nonrefundable amount equal to the cost of removal or modification of the prior facilities and the estimated cost of such reinstallation.

Southern California Edison Revised Cal. PUC Sheet No. 52415-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48630-E

Schedule LS-1
Sheet 10 (T)

LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 10C21 Resolution

SPECIAL CONDITIONS (Continued)

6. Removal, Relocation or Modification of Facilities: (Continued)

c. Where street lighting facili ties are ordered modified and/or relocated by a customer, the customer shall pay to SCE, in advance of such modification and/or relocation, a nonrefundable amount equal to the estimated cost of such modification and/or relocation. This includes facilities that now serve street light load only, but that may have been installed originally to serve other than street light load.

d. Facilities removed or installed remain the sole property of SCE.

7. Requirements and Restrictions:

a. The applicant for street light service shall specify the type of service, lamp size, and location of street lights.

b. Service shall not be furnished under this Schedule where location, mounting height, and/or other considerations are unacceptable to SCE.

c. The installation of street lighting equi pment and facilities hereunder is contingent upon SCE obtaining easements, rights of way, and highway permits satisfactory to SCE for the required poles, lines, equipment, and facilities.

d. In accordance with Rule 4, a written co ntract for a term of not less than one year and not more than five years is required in or der to receive street light service under the provisions of this Schedule.

e. Should the applicant not commence usi ng the street lighting in a bona fide manner within ninety (90) days after date of completion and installation of a street light or street lighting system requested by the applicant, SCE will bill, and the applicant shall pay, the applicable non-energy (other charges) portion of the lamp charge(s).

Southern California Edison Revised Cal. PUC Sheet No. 52416-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48041-E

Schedule LS-1
Sheet 11 (T)

LIGHTING - STREET AND HIGHWAY

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 11C20 Resolution

SPECIAL CONDITIONS (Continued)

8. Timed Auxiliary Power Device Adaptor (TAP):

a. This service is available under the terms and conditions stated below. An annual charge per device, found in the RATES section of this Schedule, plus a one-time set up administrative fee and a per modification administrative fee of $65.00 per account plus Energy Charges billed at the LS-1 Midnight Service rate.

b. A Standard Installation shall consist of an individual TAP installed on SCE-owned ornamental street lighting pole.

c. This rate option is only available to gov ernmental agencies who are the customer of record for ornamental street lighting servic e. A written Application and Agreement is required for service in conjunction with SCE-owned ornamental street lighting poles.

d. SCE will install the requested TAP and the in stalled TAP shall remain the sole property of SCE.

e. The installation of the applicant's holid ay lighting decorations and hanger assemblies shall be in accordance with SCE’s specifications.

f. The applicant shall specify the number of TAPs required. Billing will be based on the manufacturers' 300 watt rating for each device and the hours of operation.

g. At the time of installation of the TAP and annually thereafter until such TAP has been removed, the customer will be required to pay the annual charge.

h. In no case shall the granting of permission to install lighted holiday decorations for use with a TAP device on SCE’s ornamental poles give the applicant any additional rights.

Southern California Edison Revised Cal. PUC Sheet No. 52417-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48042-E

Schedule LS-1
Sheet 12 (T)

LIGHTING - STREET AND HIGHWAY

COMPANY-OWNED SYSTEM
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 12C20 Resolution

SPECIAL CONDITIONS (Continued)

9. Maintenance: SCE shall exercise reasonable ca re and diligence in maintaining its street light facilities or SCE-owned attachments thereto. Where SCE experiences, or expects to experience, maintenance costs exceeding its normal maintenance expense resulting from, but not limited to, vandalism, SCE may require th e customer to pay the excess maintenance expense.

10. Liability of SCE: SCE shall not, by taking ac tion pursuant to its tariffs, be liable for any loss, damage, or injury, established or alleged, which may result, or be claimed to result, therefrom.

11. Differential Facilities Rate: Where a gov ernmental agency (applicant) requests and SCE agrees to install facilities which are in additi on to the Standard Instal lation (differential facilities), the differential facilities installed costs shall be borne by the applicant.

In addition, where an applicant requests and SCE agrees to acquire the applicant's series street light system, the difference between the cost of the facilities to convert the series system to multiple service and the cost of t he Standard Installation, shall be borne by the applicant.

At the option of SCE, the applicant may pay t he differential facilities installed costs as a monthly charge in lieu of a one-time payment. The monthly charge is equal to 1.2 percent times the differential facilities total installed costs.

A Schedule LS-1 Differential Facilities Rate Ag reement is required for service under this Special Condition.

12. Parking Lot Lighting Service: An “Agreem ent For Parking Lot Lighting Service SCE-Owned System Schedule LS-1” (Form 14-685) shall be required for parking lot lighting service under this Schedule.

Southern California Edison Revised Cal. PUC Sheet No. 52418-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 49437-E

Schedule LS-1
Sheet 13 (T)

LIGHTING - STREET AND HIGHWAY

COMPANY-OWNED SYSTEM
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013 13C20 Resolution

SPECIAL CONDITIONS (Continued)

13. Billing Calculation: A customer’s bill is calculated according to the rates and conditions above.

The charges listed in the RATES section are calculated by multiplying the Total Delivery Service rates and the Generation rates, when applicable, by the billing determinants (e.g., per kilowatt [kW], kilowatthour [kWh], etc.).

As of January 1, 2012, all generation supplied to Bundled Service Customers is provided by SCE. The DWR Energy Credi t provided to Bundled Service Customers is determined by multiplying the DWR Energy Credit rate component by the customer’s total kWhs.

a. Bundled Service Customers receive Deliv ery Service and Generation service from SCE. The customer’s bill is the sum of the charge s for Delivery Service and Generation service determined, as described in this Special Condition, and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

b. Direct Access Customers receive Delive ry Service from SCE and purchase energy from an Energy Service Provider. The cust omer’s bill is the sum of the charges for Delivery Service determined as described in this Special Condition except that the DWRBC rate component is subtracted from the Total Delivery Service rates before the billing determinants are multiplied by such resulting Total rates; plus the applicable charges as shown in Schedul e DA-CRS and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

c. CCA Service Customers receive Deliver y Service from SCE and purchase energy from their Community Choice Aggregator (CCA). SCE will read the meters and present the bill for both Delivery and Gene ration Services to the CCA Service Customer. The customer’s bill is the su m of the charges for Delivery Service as displayed in this Rate Schedule and Gener ation charges determined by the CCA plus the applicable charges as shown in Schedule CCA-CRS, and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

Southern California Edison Revised Cal. PUC Sheet No. 58338-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57887-E

Schedule LS-2
Sheet 1

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE

(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3319-E-A R.O. Nichols Date Filed Dec 23, 2015
Decision Senior Vice President Effective Jan 1, 2016
1C16 Resolution

APPLICABILITY

Applicable to unmetered service for the lighting of streets, highways, other public thoroughfares, and publicly-owned and publicly-operated automobile parking lots which are open to the general public, where the customer owns the street lighting equi pment including, but not limited to, the pole, mast arm, luminaire and lamp, and all connecting cable in a street light system.

TERRITORY

Within the entire territory served.

RATES

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG** DWREC10 Energy Charge* - $/kWh/Lamp/Month
All Night Service 0.00831 (I) 0.00981 (I) 0.00199 (R) (0.00085) (R) 0.01098 (I) 0.00539 (I) 0.00033 (I) 0.03596 (I) 0.03584 (R) (0.00022) (I) Midnight Service 0.00831 (I) 0.00981 (I) 0.00199 (R) (0.00085) (R) 0.01098 (I) 0.00539 (I) 0.00033 (I) 0. 03596 (I) 0.03584 (R) (0.00022) (I) Multiple Service - Rate A
The following rates are applicable where SCE is requested to provide a single feed point to service a customer-owned street li ght system where the customer provides a point of connection for a sin gle SCE owned photo-controller to control all street li ghts in the system.

All Night/Midnight Service Charge

0.82 0.82
Mercury Vapor Lamps - $/Lamp/Month 0.82 0.82

0.82 0.82

0.82 0.82
Low Pressure Sodium Va
por Lamps - $/Lamp/Month 0.82 0.82
Metal Halide Lamps - $/Lamp/Month 0.82 0.82
Induction Lamps - $/Lamp/Month 0.82 0.82
All Other Lamps - $/Lamp/Month 0.82 0.82
Delivery Service Generation9
Incandescent Extended Service Lamps - $/Lamp/Month
Light Emitting Diode (LED) Lamps - $/Lamp/Month
High Pressure Sodium Vapor Lamps - $/Lamp/Month

* The kilowatt hours used to determine the Energy Charge for the lamp types and sizes served under this Schedule are shown in the Special Conditions section, below.
** The on going Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the UG component of Generation. 1 Trans = Transmission and the Transmission Owne rs Tariff Charge Adjustments (TOTCA) which are FERC approved. The TOTCA represents the Transmission Revenue Balanci ng Account Adjustment (TRBAA) of $(0.00036) per kWh, Reliability Services Balancing Account Adjustment (RSBAA) of $0.00003 per kWh, and Transmission Access Charge Balancing Account Adjustment (TACBAA) of $0.00127 per kWh.
(R)
(I)
2 Distrbtn = Distribution
3 NSGC = New S ystem Generation Charge
4 NDC = Nuclear Decommissionin g Charge
5 PPPC = Public Pur pose Programs Charge (includes California Alternate Rates for Energy Surcharge where applicable.) 6 DWRBC = Department of Water Resources (DWR) Bond Charge . The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082. 7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E. 8 Total = Total Delivery Service rates are applicable to Bundled Se rvice, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) Customers, except DA and CCA Service Customers are not subj ect to the DWRBC rate component of this Schedule but instead
pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.

9 Generation = The Generation rates are applicable onl y to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credit – For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule.

Southern California Edison Revised Cal. PUC Sheet No. 57888-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 54645-E

Schedule LS-2
Sheet 2

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3311-E R.O. Nichols Date Filed Nov 18, 2015
Decision 15-10-037 Senior Vice President Effective Nov 24, 2015 2C10 Resolution

RATES (Continued)

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG** DWREC10 Multiple Service - Rate B
The following rates are applicable where SCE is requested to provide a service connection point to feed a customer-owned street li ght with a customer-owned photocell.

All Night/Midnight Service Charge
Incandescent Extended Service Lamps - $/Lamp/M 2.47 2.47 Mercury Vapor Lamps - $/Lamp/Month 2.47 2.47
Light Emitting Diode (LED) Lamps - $/Lamp/Month 2.47 2.47 High Pressure Sodium Vapor Lamps - $/Lamp/Mon 2.47 2.47 Low Pressure Sodium Vapor Lamps - $/Lamp/Mont 2.47 2.47 Metal Halide Lamps - $/Lamp/Month 2.47 2.47
Induction Lamps - $/Lamp/Month 2.47 2.47
All Other Lamps - $/Lamp/Month 2.47 2.47
Delivery Service Generation9

** The ongoing Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the UG component of Generation. 1 Trans = Transmission and the Transmission Owners Tariff Charge Adjustments (TOTCA) which are FERC approved. 2 Distrbtn = Distribution
3 NSGC = New System Generation Charge
4 NDC = Nuclear Decommissioning Charge
5 PPPC = Public Purpose Programs Charge (includes Californi a Alternate Rates for Energy Surcharge where applicable.) 6 DWRBC = Department of Water Resources (DWR) Bond Charge . The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082.

7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E. 8 Total = Total Delivery Service rates are applicable to Bundled Service, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) Customers, except DA and CCA Service Customers are not subjec t to the DWRBC rate component of this Schedule but instead pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.

9 Generation = The Generation rates are applicabl e only to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credi t – For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule.

Southern California Edison Revised Cal. PUC Sheet No. 58339-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57889-E

Schedule LS-2
Sheet 3

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 3319-E-A R.O. Nichols Date Filed Dec 23, 2015
Decision Senior Vice President Effective Jan 1, 2016
3C17 Resolution

RATES (Continued)

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG** DWREC10 Series Service
All Night/Midnight Service Charge

11.86 11.86
Mercury Vapor Lamps - $/Lamp/Month 11.86 11.86

11.86 11.86

11.86 11.86
Metal Halide Lamps - $/Lamp/Month N/A N/A
All Other Lamps - $/Lamp/Month 11.86 11.86
Series Service Power Factor Charge* -
$/kVar 0.51 0.51
Series Service Voltage Discount,
Energy - $/kWh 0.00000 0.00000 (0.00112) (I)
Delivery Service Generation9
Incandescent Extended Service Lamps - $/Lamp/Month
High Pressure Sodium Vapor Lamps - $/Lamp/Month
Low Pressure Sodium Vapor Lamps - $/Lamp/Month

* kVAR losses for the Series Service Power Factor Charge are calculated in accordance with Special Condition 14. ** The ongoing Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the UG component of Generation. 1 Trans = Transmission and the Transmission Owners Tariff Charge Adjustments (TOTCA) which are FERC approved. 2 Distrbtn = Distribution
3 NSGC = New System Generation Charge
4 NDC = Nuclear Decommissioning Charge
5 PPPC = Public Purpose Programs Charge
6 DWRBC = Department of Water Resources (DWR) Bond Charge. The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082.

7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E. 8 Total = Total Delivery Service rates are applicable to Bundled Se rvice, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) Customers, except DA and CCA Service Customers are not subject to the DWRBC rate component of this Schedule but instead pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.

9 Generation = The Generation rates are applicabl e only to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credi t – For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule.

Southern California Edison Revised Cal. PUC Sheet No. 53502-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 52422-E

Schedule LS-2
Sheet 4

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2971-E Megan Scott-Kakures Date Filed Nov 21, 2013 Decision 13-10-052 Vice President Effective Nov 22, 2013 4C9 Resolution

RATES (Continued)

Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG** DWREC10 Optional Relamp Service Charge
Incandescent Extended Service Lamps-
$/Lamp/Month N/A N/A
Mercury Vapor Lamps-
$/Lamp/Month N/A N/A
High Pressure Sodium Vapor Lamps - $/Lamp/Month
50 Watt 0.67 0.67
70 Watt 0.65 0.65
100 Watt 0.65 0.65
150 Watt 0.66 0.66
200 Watt 0.66 0.66
250 Watt 0.66 0.66
310 Watt N/A N/A
400 Watt 0.68 0.68
Low Pressure Sodium Vapor Lamps-
$/Lamp/Month N/A N/A
Metal Halide Lamps-
$/Lamp/Month N/A N/A
All Other Lamps-
$/Lamp/Month N/A N/A
Delivery Service Generation9

** The ongoing Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the UG component of Generation. (R) 1 Trans = Transmission and the Transmission Owners Tariff Charge Adjustments (TOTCA) which are FERC approved. 2 Distrbtn = Distribution
3 NSGC = New System Generation Charge
4 NDC = Nuclear Decommissioning Charge
5 PPPC = Public Purpose Programs Charge
6 DWRBC = Department of Water Resources (DWR) Bond Charge. The DWR Bond Charge is not applicable to exempt Bundled Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082.

7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E. 8 Total = Total Delivery Service rates are applicable to Bundled Se rvice, Direct Access (DA) and Community Choice Aggregation Service (CCA Service) customers, except DA and CCA Service customers are not subject to the DWRBC rate component of this Schedule but instead pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.

9 Generation = The Generation rates are applicabl e only to Bundled Service Customers. 10 DWREC = Department of Water Resources (DWR) Energy Credit – For more information on the DWR Energy Credit, see the Billing Calculation Special Condition of this Schedule.

Southern California Edison Revi sed Cal. PUC Sheet No. 41547-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 35135-E

Schedule LS-2 Sheet 5 (T)

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2041-E Akbar Jazayeri Date Filed Sep 8, 2006
Decision 06-06-067 Vice President Effective Oct 1, 2006 5C14 Resolution

SPECIAL CONDITIONS

1. Ownership of Facilities:

a. For multiple systems SCE will deliver se rvice at 120, 120/240 volt s, or, at the option of SCE, at 240/480 or 277/480 volts, three wire, single phase. For existing series systems (installed prior to October 25, 1981) SCE will furnish and maintain constant current regulating transformers and deliver service at the secondary side of such transformers.

b. The customer will furnish and maintain all utilization equipment beyond the point of delivery except for switching equipment and where the customer has elected the Optional Relamp Service provided by SCE in accordance with Special Condition 5.

c. New or modified installations normally sha ll be multiple service installations. New or modified series installations shall be made onl y where, in the opinion of SCE, it is practical to supply series service.

d. For new or modified series installations requiring a new constant current regulating transformer, the customer shall furnish and maintain the transformer; and service will be delivered at the primary side of the transformer.

Southern California Edison Revi sed Cal. PUC Sheet No. 41548-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 41171-E

Schedule LS-2 Sheet 6 (T)

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2041-E Akbar Jazayeri Date Filed Sep 8, 2006
Decision 06-06-067 Vice President Effective Oct 1, 2006 6C13 Resolution

SPECIAL CONDITIONS (Continued)

2. Service Connections and Distribution Extensions:

a. The point or points of service connec tion shall be mutually agreed upon by SCE and the customer.

b. Distribution line extensions to reach a street light or a st reet light system shall be in accordance with the applicable Rule 15.

3. Switching and Related Facilities: For A ll Night or Midnight Service under SCE’s standard operating schedules, SCE will furnish, operate, and maintain, the necessary switching facilities. All auxiliary relay equipment, irres pective of voltage, not furnished by SCE, but required in connection with providing street light ing service, shall be furnished, installed, and maintained by the customer in accordance with SCE’s requirements.

4. Hours of Service: Under SCE’s standard All Night Service operating schedule approximately 4,140 hours of service per year will be furn ished, and under SCE’s standard Midnight Service operating schedule approximately 2,170 hours of serv ice per year will be furnished. Service for other operating schedules is not available under this Schedule.

5. Optional Relamp Service: Closed to all new installations. Optional relamp service will be provided at the request of the customer. T he charges thereunder shall be in addition to any other applicable charges. After the original lamp installation, relamp service will be furnished by SCE as soon as practicable a fter notification by the customer. Relamp service is provided only for the high pressure sodium vapor lamp s listed on this Schedule for which charges are shown. At the time of relamping, SCE will clean the refractor, or install replacement refractors furnished by the customer, as required. This service will be provided only where, in the opinion of SCE, no undue hazard or expense will re sult because of location, mounting height, or other reason.

Southern California Edison Revi sed Cal. PUC Sheet No. 41549-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 35137-E

Schedule LS-2 Sheet 7 (T)

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2041-E Akbar Jazayeri Date Filed Sep 8, 2006
Decision 06-06-067 Vice President Effective Oct 1, 2006 7C13 Resolution

SPECIAL CONDITIONS (Continued)

6. Removal of Equipment: Where SCE-owned st reet lighting service and/or facilities were ordered removed by a customer and such servic e and/or facilities, or their equivalent, are ordered reinstalled within 36 months from the dat e of the order to remove, the customer shall pay to SCE in advance of reinstallation a nonr efundable amount equal to the cost of removal of the prior facilities and the estimated cost of such reinstallation. SCE-owned facilities removed or installed remain the sole property of SCE.

7. Modification of Facilities: Where the customer requests a modification of SCE-owned facilities serving customer-owned street light facilities, and such modifications are acceptable to SCE, SCE will perform the requested modifi cations, provided the customer agrees to pay the cost of said modifications.

8. Midnight Service: Where t he customer requests the installation and/or removal of equipment in order to take Midnight Service, and such request is acceptable to SCE, SCE will comply with such request provided the customer firs t agrees to pay to SCE the estimated cost installed of any additional equipment required and/or the removal cost of any equipment currently installed. Such payments will not be refunded and shall be paid in advance or in installments acceptable to SCE over a period not to exceed three years. Facilities installed in connection with such requests become and remain the sole property of SCE .

9. Contract: In accordance with Rule 4, a wri tten contract for a term of not less than one year and not more than five years is required in or der to receive street light service under the provisions of this Schedule. Should the custom er terminate service within 36 months of the date service is first supplied, the customer sha ll pay to SCE the cost of installation plus the cost of removal less salvage for any SCE-owned fa cilities installed to supply the customer's street light service.

Southern California Edison Revi sed Cal. PUC Sheet No. 41550-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 35138-E

Schedule LS-2 Sheet 8 (T)

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2041-E Akbar Jazayeri Date Filed Sep 8, 2006
Decision 06-06-067 Vice President Effective Oct 1, 2006 8C13 Resolution

SPECIAL CONDITIONS (Continued)

10. Kilowatthours: The kilowatthours used to determine the Energy Charge and the Voltage Discount shall be as follows:

Nominal
Lamp Rating
kWh per Lamp Per Month*
Lamp Load
Including
Ballast - Watts Multiple Service kWh Series Service kWh Average
Lamp Initial Multiple Series A B C D
Wattage Lumens Service Service All Night Midnight All Night Midnight Incandescent Lamps
Extended Service **
103 1,000 103 75 35.535 18.633 29.528 15.488
202 2,500 202 164 69.690 36.542 64.567 33.866
327 4,000 327 248 112.815 59.154 97.638 51.212
448 6,000 448 347 154.560 81.043 136.614 71.656
690 10,000 690 578 238.050 124.821 227.559 119.357 Mercury Vapor Lamps
100 4,000 131 125 45.195 23.698 51.675 27.113 175 7,900 216 207 74.520 39.074 85.574 44.898 250 12,000 301 285 103.845 54.451 117.819 61.817 400 21,000 474 445 163.530 85.747 183.963 96.521 700 41,000 803 760 277.035 145.263 314.184 164.844 1,000 55,000 1,135 1,070 391.575 205.322 442.338 232.083

* When an account has more than one lamp, t he total kWh will be the kWh per lamp per month lamp rating to three decimal places multiplied by the number of lamps.

** Represents Extended Service lamps only. For Group Replacement and Regular Service Lamps see Special Condition 11.

Southern California Edison Revised Cal. PUC Sheet No. 48932-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 45423-E*

Schedule LS-2
Sheet 9

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2629-E Akbar Jazayeri Date Filed Sep 15, 2011
Decision Vice President Effective Oct 15, 2011
9C8 Resolution

SPECIAL CONDITIONS (Continued)

10. Kilowatthours: (Continued)
Nominal
Lamp Rating kWh per Lamp Per Month* Lamp Load
Including
Ballast/Generator -
Watts Multiple Service kWh Series Service kWh
Average
Lamp Initial Multiple Series A B C D
Wattage Lumens Service Service All Night Midnight All Night Midnight High Pressure Sodium Vapor Lamps
50 4,000 58 64 20.010 10.492 30.746 16.134
70 5,800 83 85 28.635 15.015 40.834 21.429
100 9,500 117 121 40.365 21.165 58.128 30.504 150 16,000 193 174 66.585 34.914 83.590 43.865 200 22,000 246 233 84.870 44.501 111.933 58.739 250 27,500 313 N/A 107.985 56.622 N/A N/A 310 37,000 383 N/A 132.135 69.285 N/A N/A 400 50,000 485 N/A 167.325 87.737 N/A N/A Low Pressure Sodium Vapor Lamps
35 4,800 63 51 21.735 11.397 24.225 12.709
55 8,000 84 72 28.980 15.196 34.200 17.942
90 13,500 131 130 45.195 23.698 61.750 32.396
135 22,500 182 185 62.790 32.924 87.875 46.102 180 33,000 229 219 79.005 41.426 104.025 54.575 Metal Halide
70 5,500 94 N/A 32.430 16.998 N/A N/A
100 8,500 129 N/A 44.505 23.328 N/A N/A
150 12,000 178 N/A 61.410 32.188 N/A N/A
175 12,000 215 N/A 74.175 38.879 N/A N/A
250 19,500 295 N/A 101.775 53.346 N/A N/A
400 32,000 458 N/A 158.010 82.822 N/A N/A
1000 100,000 1080 N/A 372.600 195.300 N/A N/A
1500 150,000 1605 N/A 553.725 290.238 N/A N/A
Induction Lamps
23 N/A 25 N/A 8.625 4.521 N/A N/A
40 N/A 41 N/A 14.137 7.410 N/A N/A
55 N/A 56 N/A 19.185 10.056 N/A N/A
65 N/A 69 N/A 23.805 12.478 N/A N/A
80 N/A 82 N/A 28.428 14.901 N/A N/A
85 N/A 88 N/A 30.293 15.878 N/A N/A
100 N/A 105 N/A 36.225 18.988 N/A N/A
120 N/A 123 N/A 42.410 22.229 N/A N/A
150 N/A 155 N/A 53.303 27.939 N/A N/A
165 N/A 170 N/A 58.566 30.698 N/A N/A
200 N/A 210 N/A 72.450 37.975 N/A N/A
* When an account has more than one lamp, the total kW h will be the kWh per lamp per month lamp rating to three decimal places multiplied by the number of lamps.

(N)

Southern California Edison Revised Cal. PUC Sheet No. 48631-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 45424-E

Schedule LS-2
Sheet 10

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
10C18 Resolution

SPECIAL CONDITIONS (Continued)

10. Kilowatthours: (Continued)

Light Emitting Diode (LED) Lamps

kWh per Lamp per Month

Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh**** Including Driver Loss** Mid-Point Range*** All Night Midnight (T)
(T)
0-5 2.50 0.9 0.5

5.01-10 7.50 2.6 1.4

10.01-15 12.50 4.3 2.3

15.01-20 17.50 6.0 3.2

20.01-25 22.50 7.8 4.1

25.01-30 27.50 9.5 5.0

30.01-35 32.50 11.2 5.9

35.01-40 37.50 12.9 6.8

40.01-45 42.50 14.7 7.7

45.01-50 47.50 16.4 8.6

50.01-55 52.50 18.1 9.5

55.01-60 57.50 19.8 10.4

60.01-65 62.50 21.6 11.3

65.01-70 67.50 23.3 12.2

70.01-75 72.50 25.0 13.1

75.01-80 77.50 26.7 14.0

80.01-85 82.50 28.5 14.9

85.01-90 87.50 30.2 15.8

90.01-95 92.50 31.9 16.7

95.01-100 97.50 33.6 17.6
100.01-105 102.50 35.4 18.5
105.01-110 107.50 37.1 19.4
110.01-115 112.50 38.8 20.3
115.01-120 117.50 40.5 21.2
120.01-125 122.50 42.3 22.2
125.01-130 127.50 44.0 23.1
130.01-135 132.50 45.7 24.0
135.01-140 137.50 47.4 24.9
140.01-145 142.50 49.2 25.8
145.01-150 147.50 50.9 26.7
150.01-155 152.50 52.6 27.6
155.01-160 157.50 54.3 28.5
160.01-165 162.50 56.1 29.4
165.01-170 167.50 57.8 30.3
170.01-175 172.50 59.5 31.2

Southern California Edison Revised Cal. PUC Sheet No. 48632-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 45425-E

Schedule LS-2
Sheet 11

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
11C17 Resolution

10. Kilowatthours: (Continued)

Light Emitting Diode (LED) Lamps (Continued)

kWh per Lamp per Month

Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh**** Including Driver Loss** Mid-Point Range*** All Night Midnight

(T)
(T)
175.01-180 177.50 61.2 32.1
180.01-185 182.50 63.0 33.0
185.01-190 187.50 64.7 33.9
190.01-195 192.50 66.4 34.8
195.01-200 197.50 68.1 35.7
200.01-205 202.50 69.9 36.6
205.01-210 207.50 71.6 37.5
210.01-215 212.50 73.3 38.4
215.01-220 217.50 75.0 39.3
220.01-225 222.50 76.8 40.2
225.01-230 227.50 78.5 41.1
230.01-235 232.50 80.2 42.0
235.01-240 237.50 81.9 42.9
240.01-245 242.50 83.7 43.9
245.01-250 247.50 85.4 44.8
250.01-255 252.50 87.1 45.7
255.01-260 257.50 88.8 46.6
260.01-265 262.50 90.6 47.5
265.01-270 267.50 92.3 48.4
270.01-275 272.50 94.0 49.3
275.01-280 277.50 95.7 50.2
280.01-285 282.50 97.5 51.1
285.01-290 287.50 99.2 52.0
290.01-295 292.50 100.9 52.9
295.01-300 297.50 102.6 53.8
300.01-305 302.50 104.4 54.7
305.01-310 307.50 106.1 55.6
310.01-315 312.50 107.8 56.5
315.01-320 317.50 109.5 57.4
320.01-325 322.50 111.3 58.3
325.01-330 327.50 113.0 59.2
330.01-335 332.50 114.7 60.1
335.01-340 337.50 116.4 61.0
340.01-345 342.50 118.2 61.9
345.01-350 347.50 119.9 62.8
350.01-355 352.50 121.6 63.7

Southern California Edison Revised Cal. PUC Sheet No. 48633-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 45426-E

Schedule LS-2
Sheet 12

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
12C17 Resolution

10. Kilowatthours: (Continued)

Light Emitting Diode (LED) Lamps (Continued)

kWh per Lamp per Month

Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh**** Including Driver Loss** Mid-Point Range*** All Night Midnight

(T)
(T)
355.01-360 357.50 123.3 64.6
360.01-365 362.50 125.1 65.6
365.01-370 367.50 126.8 66.5
370.01-375 372.50 128.5 67.4
375.01-380 377.50 130.2 68.3
380.01-385 382.50 132.0 69.2
385.01-390 387.50 133.7 70.1
390.01-395 392.50 135.4 71.0
395.01-400 397.50 137.1 71.9

** Lamp Wattage is based on the total wattage consumption of the lamp and driver. Customer may be required to provide verification of total energy consumption of lamp and driver upon request by SCE.

*** The Mid-Point Range of the Lamp Watts including driver, is established by deducting 2.5 Watts from the highest wattage of the corresponding range in the “Lamp Watts Including Driver” column.

**** The energy use calculation for All Night Servic e is (Mid-Point Range watts) x (4,140 hours/12 months/1000). The same calculation is used for Mi dnight service except that the hours of service is replaced with 2,170 hours.

11. Lamp Loads: SCE will provide service under this Schedule to street light lamps which are not listed on this Schedule provided that a lamp load, including lamp wattage and ballast, can be reliably established by SCE.

In addition to the extended service incandescent lamps listed above in Special Condition 10, SCE has determined a lamp load wattage rating for the following lumen rated regular and group replacement incandescent lamps to be used to determine the Energy Charge Components.

Southern California Edison Revi sed Cal. PUC Sheet No. 45427-E** Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 41552-E

Schedule LS-2 Sheet 13 (T)

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2360-E Akbar Jazayeri Date Filed Jul 17, 2009
Decision Vice President Effective Aug 17, 2009
13C36 Resolution

SPECIAL CONDITIONS (Continued)

11. Lamp Loads: (Continued)

Incandescent Wattage Per Lamp

Average Multiple Service
Series Service
Initial Group Group
Lumens Regular Replacement Regular Replacement
600 55 58 42 44
800 N/A N/A 57 N/A
1,000 85 92 61 64
2,500 175 189 143 152
4,000 268 295 213 226
6,000 370 405 316 332
10,000 575 620 525 565
15,000 800 860 755 822
25,000 N/A N/A 1,275 N/A

The kilowatthours for the above regular and group replacement lamps or any unlisted lamps shall be determined in accordance with the provisions of Special Condition 12, below.

12. Kilowatthour Per Lamp per Month For Nonst andard Lamps: The total monthly kWh usage for each type of service shall be computed by applyi ng the following Hours per kW billing factors to the applicable lamp load (including ballast/d river/generator, if applicable) wattage rating.

The kWh shall be computed to the nearest Watt-hour.

Hours Per Month Per kW of Lamp Load

Mercury High Pressure Low Pressure Metal Other
Incandescent Vapor Sodium Vapor Sodium Vapor Halide Lamps Type of Service:

All Night Service
Multiple Service* 345.0 345.0 345.0 345.0 345.0 345.0
Series Service*** 393.7 413.4 480.4 475.0 N/A N/A

Midnight or Equivalent
Service
Multiple Service** 180.9 180.9 180.9 180.9 180.9 180.9
Series Service*** 206.5 216.9 252.1 249.2 N/A N/A

kWh Per Lamp Per Month=Hours Per Month Pe r kW of Lamp Load x kW Per Lamp (including ballast/driver/generator if applicable)

* All Night Service Multiple Service Hours Per Month Per kW of Lamp Load = (4,140 hours/12 months) = 345 hours
** Midnight Service Multiple Service Hours Per M onth Per kW of Lamp Load = (2,170 hours/12 months) = 180.9 hours
*** Series Services Hours Per Month Per kW of Lam p Load applies the same formula as Multiple Service except that it is adjusted for Line Loss Factor.

(C)
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(C)

(C)
(N)
(N)

(N)
(N)

(N)
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(N)

Southern California Edison Revised Cal. PUC Sheet No. 51812-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 45428-E

Schedule LS-2
Sheet 14

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2861-E Akbar Jazayeri Date Filed Mar 13, 2013
Decision Vice President Effective Apr 12, 2013
14C11 Resolution

SPECIAL CONDITIONS (Continued)

13. Charges for Nonstandard Lamps: Nonstandar d Lamps are lamps for which a monthly charge is not listed in this Schedule. Where a lamp is not listed in this Schedule, the monthly charge is computed by first computing the applicable kW h for the lamp. The kWhs are computed by applying the method provided in Special Condition 12 for Other Lamps. Where manufacturer’s information is not available for rated wattage consumption, the customer must provide third party documentation before SCE wi ll accept lamps for this Schedule. The Energy Charge is calculated using the rates show n in the RATES section, above. The total monthly lamp charge for nonstandard lamps is the sum of the monthly lamp charge as shown in the RATES section for all other lamps, plus the Energy Charge. For Series Service Lamps, the Energy Charge is adjusted for Voltage Di scount, and the total lamp charge increased for Series Service Power Factor.

14. Energy Efficient Street Lights – Where Customers permanently install energy efficient streetlights under the terms of this Schedul e and the total energy use cannot be verified through industry standards or other documentat ion acceptable to SCE, the customer may be required to provide verifiable documentation to SCE’s satisfaction regarding the total energy consumption of the lamp and driver. All fixtur es that include the capability of adjustable light wattage settings will be billed at the maximum wattage setting.

15. Limited testing of emerging Streetlight technologies will be allowed under this Schedule. Such test installations are subject to approval by SC E. Testing is limited to existing streetlight fixtures and the total energy consumption per fixture must not exceed current energy use per fixture. Additional energy effici ent streetlight fixtures installed will also be subject to billing under the current rate upon the approval of SCE. The test period will not exceed 12 months.

16. Series Service Power Factor: The kVAR loss es for the Series Service Power Factor charge shall be calculated by multiplying the applicable series service kW lamp load from Special Condition 10 by the applicable kVAR demand loss factor shown below:

kVAR Demand Loss Factor (kVAR Loss/kW load)
High Pressure Low Pressure
Incandescent Mercury Vapor Sodium Vapor Sodium Vapor

2.133 2.953 5.270 7.067

17. Voltage Discount: Bundled Service, CCA Servic e, and Direct Access customers will have the Distribution rate component of the applicable Delivery Charges reduced by the corresponding Voltage Discount amount for service metered and delivered at the applicable voltage level as shown in the RATES section above. In addi tion, Bundled Service Customers will have the Utility Generation (UG) rate component of the applicable Generation charges reduced by the corresponding Voltage Discount amount for serv ice metered and delivered at the applicable voltage level as shown in the RATES section.

(T)

Southern California Edison Revised Cal. PUC Sheet No. 49442-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 45429-E

Schedule LS-2
Sheet 15

LIGHTING - STREET AND HIGHWAY

CUSTOMER-OWNED INSTALLATION - UNMETERED SERVICE
(Continued)

(To be inserted by utility) Issued by (To be in serted by Cal. PUC) Advice 2648-E-A Akbar Jazayeri Date Filed Dec 27, 2011 Decision Vice President Effective Jan 1, 2012
15C15 Resolution

SPECIAL CONDITIONS (Continued)

18. Billing Calculation: A customer’s bill is calcul ated according to the rates and conditions above.

The charges listed in the RATES section are calc ulated by multiplying the Total Delivery Service rates and the Generation rates, when applicable, by the billing determin ants (e.g., per kilowatt [kW], kilowatthour [kWh], kilovar [kVa] etc.).

As of January 1, 2012, all generation supplied to Bundled Service Customers is provided by SCE. The DWR Energy Credit provided to Bundled Service Customers is determined by multiplying the DWR Energy Credit rate component by the customer’s total kWhs.

a. Bundled Service Customers receive Delivery Service and Generation service from SCE.

The customer’s bill is the sum of the charges for Delivery Service and Generation service determined, as described in this Special Condition, and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

b. Direct Access Customers receive Delivery Service from SCE and purchase energy from an Energy Service Provider. The customer’s bill is the sum of th e charges for Delivery Service determined as described in this Spec ial Condition except that the DWRBC rate component is subtracted from the Total Delivery Service rates before the billing determinants are multiplied by such resulting To tal rates; plus the applicable charges as shown in Schedule DA-CRS and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

c. CCA Service Customers receive Delivery Se rvice from SCE and purchase energy from their Community Choice Aggregator (CCA). SCE will read the meters and present the bill for both Delivery and Generation Servic es to the CCA Service Customer. The customer’s bill is the sum of the charges for Delivery Service as disp layed in this Rate Schedule and Generation charges determined by the CCA plus the applicable charges as shown in Schedule CCA-CRS, and subject to applicable discounts or adjustments provided under SCE’s tariff schedules.

(T)

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(N)
(D)
(T)
(T)

Type Qty Type Overhead Underground
Non‐Wood 3,463 73% 441 3,022
Wood 1,291 27% 1,278 13
4,754 100% 1,719 3,035
36% 64%
1990-2013 1,668
1970-1989 1,938
Prior to 1970 1,148
Qty RCNLD With  Ad‐hoc
Non‐Wood 3,463 $1,383,206 $1,557,181
27% * Wood 350 $346,898 $390,530
Total: 3,813 $1,730,104 $1,947,710
2% Ad Hoc Replacements $183,004 Included
Omissions and Exclusions $34,602 Included
Subtotal $1,947,710 $1,947,710
Tax Neutral Adjustment $50,609
Tax Neutral Price $1,998,319
Transition Cost $114,390
Valuation Price $2,112,709
*Note: 27% Sellable Wood Poles (streetlights attached to distribution or transmission poles are excluded) Ad Hoc Replacements represent 2% of the quantity of poles replaced without developer's contribution Omissions and Exclusions include other asset components relevant to the sale (i.e. riser poles, insulators, down guy, etc.) Tax Neutral Adjustment is needed to recover any tax implication Transition Cost is the severance cost to transfer ownership of the asset SCE CONFIDENTIAL
The City of Rialto LS-1 Streetlight System Valuation
March 6, 2015
Overview of the Total LS‐1 Streetlight System
Valuation of the Sellable LS‐1 Streetlight System

GE
Lighting
LED Roadway Luminaire (ERL1-ERLH-ERS1-ERS2)
Evolve
™
LED Roadway Lighting
imagination at work

Applications
• Designed to meet recommended luminance and
illuminance requirements for local, collector and
major roadway/street classifications.

Housing
• The modern design incorporates Casting-integral
heatsink for maximum heat transfer.
• Meets 3G vibration per ANSI C136.31-2010.
• Die Cast Enclosure.

LED & Optical Assembly
• Evolve™ light engine consisting of reflective technology designed to optimize application efficiency and
minimize glare.
• Utilizes high brightness LEDs, 70 CRI at 3000K
and 4000K typical.
• LM-79 tests and reports in accordance with IESNA
standards.

Lumen Maintenance
• Lumen Maintenance per TM21.

Ratings
• listed, suitable for wet locations per UL 1598. • Std. Optical enclosure rated per ANSI C136.25-2009:

ERL1 = IP65, ERS1-2 = IP66, ERLH = IP65.
• Upward Light Output Ratio (ULOR) = 0.
• Compliant with the material restriction
requirements of RoHS.

The Evolve™ LED Roadway Luminaire is optimized for customers requiring a LED solution for local, collector and major roadways. GE’s unique reflective optics are designed to optimize application efficiency and minimize glare. The modern design incorporates the heat sink directly into the unit for heat transfer to prolong LED life. This reliable unit has a 100,000 hour design life, significantly reducing maintenance needs and expense over the life of the fixture. This efficient solution lowers energy consumption compared to traditional HID fixture for additional operating cost savings.

Product Features
/
Mounting
• Slipfitter with +/- 5 degree of adjustment for leveling. • Integral die cast mounting pipe stop.
• Adjustable for 1.25 in. or 2 in. mounting pipe.

Finish
• Corrosion resistant polyester powder paint,
minimum 2.0 mil. thickness.
• Standard colors: Black, Gray and Dark Bronze.
• RAL & custom colors available.
• Optional coastal finish available.

Electrical
• 120-277 VAC and 347-480 VAC.
• System power factor is >90% and THD <20%.*
• Class “A” Sound rating.
• 0-10V dimming standard or DALI dimming available
upon request for 120V-277V.
• Surge Protection per ANSI C136.2-2015:
– Standard: 6kV/3kA “Basic: (120 Strikes)”
– Optional Secondary: 10kV/5kA “Enhanced: (40 Strikes)” • EMI: Title 47 CFR Part 15 Class A
• Photo electric sensors (PE) available.
* System power factor and THD is tested and specified at 120V input and maximum load conditions. THD<26% for 347/480V supply with 03 power level.

Warranty
• 5 Year Standard
• 10 Year Optional
Suggested HID Replacement Lumen Levels
• ~4,000–5,000 lumens to replace 100W HPS Cobra-head
• ~7,000–8,800 lumens to replace 150W HPS Cobra-head
• ~8,500–11,500 lumens to replace 200W HPS Cobra-head
• ~11,500–14,000 lumens to replace 250W HPS Cobra-head
• ~21,000–28,000 lumens to replace 400W HPS Cobra-head
Note: Actual replacement lumens may vary based upon mounting height, pole spacing, design criteria, etc.

ERL1 02-09 -40°C to 50°C
ERLH 10-11 -40°C to 50°C
ERLH 13-15 -40°C to 40°C
ERS1 10-15 -40°C to 50°C
ERS2 16-23 -40°C to 50°C
ERS2 25-28 -40°C to 40°C
Product
ID
Lumen
Output
Ambient
Rating
Delayed start may be experienced <-35°C.

E R L 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROD. ID VOLTAGE LUMEN
OUTPUT
0 = 120-277*
1 = 120
2 = 208
3 = 240
4 = 277
5 = 480
D = 347
H = 347-480*
* Not available
with Fusing.

Must choose
a descreet
voltage with
F option.
30 = 3000K
40 = 4000K

OPTIONSCOLORCONTROLS
A = 4 Bolt Slipfitter †
F = Fusing
G = Internal Bubble Level
I = IP66 Optical
L = Tool-Less Entry
R = Optional Secondary Enhanced Surge
Protection (10kV/5kA)
U = Universal DALI Programmable +^
X = Single Package #
Y = Coastal Finish *
XXX = Special Options
† Contact manufacturer for Lead-Time.
# Std Packaging = 20 units per container.
* Recommended for installations within
1 mile from the coast. Contact Factory
for Lead-Time.
+ Compatible with LightGrid 2.0 nodes.
^ Not available in 347V, 480V or 347-480V
for Lumen Level 07 and 08.

GRAY = Gray
BLCK = Black
DKBZ = Dark
Bronze
A = ANSI C136.41 7-pin
D = ANSI C136.41 7-pin
receptacle with Shorting
Cap
E = ANSI C136.41 7-pin
Receptacle with non-
Dimming PE Control.*
* PE Control Only available for
120-277V or 480V Discrete.

Not available for 347-480V
or 347V Discrete.

NOTE: Dimming controls wired
for 0-10V standard unless DALI
option “U” requested.

CCTDISTRIBUTION
E = Evolve
R = Roadway
L = Local
1 = Single Module
A1 = Extra Narrow
Asymmetric
B1 = Narrow
Asymmetric
(Medium)
C1 = Asymmetric
(Short)
D1 = Asymmetric
Forward
E1 = Asymmetric
(Medium)
F1 = Asymmetric
(Wide)
G1 = Asymmetric
(Extra Wide)
See Data Table for

more information
Ordering Number Logic
Evolve™ LED Streetlight (ERL1)
02*
03 04
05 06
07 08
09 See Data
Table for
more
information.
*120V only, not
compatible with
0-10V dimming.

PRODUCT
ID
LUMEN

OUTPUT DISTRIBUTION
4000K 3000K 120-277V 347-480V

TYPICAL INITIAL
LUMENS

TYPICAL SYSTEM

WATTAGE
120-277V 120-277V4000K 3000K 347-480V 347-480V

IES FILE NUMBER
4000K

IES FILE NUMBER
3000KBUG RATING
ERL1 A1 1900 1800 B1-U0-G1 B1-U0-G1 ERL1_02A140_____-120V.IES N/A ERL1_02A130_____-120V.IES N/A ERL1 B1 1900 1800 B1-U0-G0 B1-U0-G0 ERL1_02B140_____-120V.IES N/A ERL1_02B130_____-120V.IES N/A ERL1 C1 2000 1900 B1-U0-G1 B1-U0-G1 ERL1_02C140_____-120V.IES N/A ERL1_02C130_____-120V.IES N/A ERL1 02 D1 1900 1800 15 N/A B1-U0-G0 B1-U0-G0 ERL1_02D140_____-120V.IES N/A ERL1_02D130_____-120V.IES N/A ERL1 E1 2000 1900 B1-U0-G0 B1-U0-G0 ERL1_02E140_____-120V.IES N/A ERL1_02E130_____-120V.IES N/A ERL1 F1 2000 1900 B1-U0-G1 B1-U0-G1 ERL1_02F140_____-120V.IES N/A ERL1_02F130_____-120V.IES N/A ERL1 G1 2000 1900 B1-U0-G1 B1-U0-G1 ERL1_02G140_____-120V.IES N/A ERL1_02G130_____-120V.IES N/A ERL1 A1 2800 2700 B1-U0-G1 B1-U0-G1 ERL1_03A140_____-120-277V.IES ERL1_03A140_____-347-480V.IES ERL1_03A130_____-120-277V.IES ERL1_03A130_____-347-480V.IES ERL1 B1 2900 2800 B1-U0-G1 B1-U0-G1 ERL1_03B140_____-120-277V.IES ERL1_03B140_____-347-480V.IES ERL1_03B130_____-120-277V.IES ERL1_03B130_____-347-480V.IES ERL1 C1 3000 2900 B1-U0-G1 B1-U0-G1 ERL1_03C140_____-120-277V.IES ERL1_03C140_____-347-480V.IES ERL1_03C130_____-120-277V.IES ERL1_03C130_____-347-480V.IES ERL1 03 D1 2900 2800 25 28 B1-U0-G1 B1-U0-G1 ERL1_03D140_____-120-277V.IES ERL1_03D140_____-347-480V.IES ERL1_03D130_____-120-277V.IES ERL1_03D130_____-347-480V.IES ERL1 E1 3000 2900 B1-U0-G1 B1-U0-G1 ERL1_03E140_____-120-277V.IES ERL1_03E140_____-347-480V.IES ERL1_03E130_____-120-277V.IES ERL1_03E130_____-347-480V.IES ERL1 F1 3000 2900 B1-U0-G1 B1-U0-G1 ERL1_03F140_____-120-277V.IES ERL1_03F140_____-347-480V.IES ERL1_03F130_____-120-277V.IES ERL1_03F130_____-347-480V.IES ERL1 G1 3000 2900 B1-U0-G1 B1-U0-G1 ERL1_03G140_____-120-277V.IES ERL1_03G140_____-347-480V.IES ERL1_03G130_____-120-277V.IES ERL1_03G130_____-347-480V.IES ERL1 A1 3800 3700 B1-U0-G1 B1-U0-G1 ERL1_04A140_____-120-277V.IES ERL1_04A140_____-347-480V.IES ERL1_04A130_____-120-277V.IES ERL1_04A130_____-347-480V.IES ERL1 B1 3900 3800 B1-U0-G1 B1-U0-G1 ERL1_04B140_____-120-277V.IES ERL1_04B140_____-347-480V.IES ERL1_04B130_____-120-277V.IES ERL1_04B130_____-347-480V.IES ERL1 C1 4000 3900 B1-U0-G1 B1-U0-G1 ERL1_04C140_____-120-277V.IES ERL1_04C140_____-347-480V.IES ERL1_04C130_____-120-277V.IES ERL1_04C130_____-347-480V.IES ERL1 04 D1 3900 3800 32 35 B1-U0-G1 B1-U0-G1 ERL1_04D140_____-120-277V.IES ERL1_04D140_____-347-480V.IES ERL1_04D130_____-120-277V.IES ERL1_04D130_____-347-480V.IES ERL1 E1 4000 3900 B1-U0-G1 B1-U0-G1 ERL1_04E140_____-120-277V.IES ERL1_04E140_____-347-480V.IES ERL1_04E130_____-120-277V.IES ERL1_04E130_____-347-480V.IES ERL1 F1 4000 3900 B1-U0-G1 B1-U0-G1 ERL1_04F140_____-120-277V.IES ERL1_04F140_____-347-480V.IES ERL1_04F130_____-120-277V.IES ERL1_04F130_____-347-480V.IES ERL1 G1 4000 3900 B1-U0-G1 B1-U0-G1 ERL1_04G140_____-120-277V.IES ERL1_04G140_____-347-480V.IES ERL1_04G130_____-120-277V.IES ERL1_04G130_____-347-480V.IES ERL1 A1 4800 4600 B2-U0-G1 B2-U0-G1 ERL1_05A140_____-120-277V.IES ERL1_05A140_____-347-480V.IES ERL1_05A130_____-120-277V.IES ERL1_05A130_____-347-480V.IES ERL1 B1 4800 4600 B2-U0-G1 B2-U0-G1 ERL1_05B140_____-120-277V.IES ERL1_05B140_____-347-480V.IES ERL1_05B130_____-120-277V.IES ERL1_05B130_____-347-480V.IES ERL1 C1 5000 4800 B2-U0-G1 B2-U0-G1 ERL1_05C140_____-120-277V.IES ERL1_05C140_____-347-480V.IES ERL1_05C130_____-120-277V.IES ERL1_05C130_____-347-480V.IES ERL1 05 D1 4800 4600 41 45 B1-U0-G1 B1-U0-G1 ERL1_05D140_____-120-277V.IES ERL1_05D140_____-347-480V.IES ERL1_05D130_____-120-277V.IES ERL1_05D130_____-347-480V.IES ERL1 E1 5000 4800 B2-U0-G1 B2-U0-G1 ERL1_05E140_____-120-277V.IES ERL1_05E140_____-347-480V.IES ERL1_05E130_____-120-277V.IES ERL1_05E130_____-347-480V.IES ERL1 F1 5000 4800 B2-U0-G1 B2-U0-G1 ERL1_05F140_____-120-277V.IES ERL1_05F140_____-347-480V.IES ERL1_05F130_____-120-277V.IES ERL1_05F130_____-347-480V.IES ERL1 G1 5000 4800 B2-U0-G1 B2-U0-G1 ERL1_05G140_____-120-277V.IES ERL1_05G140_____-347-480V.IES ERL1_05G130_____-120-277V.IES ERL1_05G130_____-347-480V.IES ERL1 A1 5700 5500 B2-U0-G1 B2-U0-G1 ERL1_06A140_____-120-277V.IES ERL1_06A140_____-347-480V.IES ERL1_06A130_____-120-277V.IES ERL1_06A130_____-347-480V.IES ERL1 B1 5800 5600 B2-U0-G1 B2-U0-G1 ERL1_06B140_____-120-277V.IES ERL1_06B140_____-347-480V.IES ERL1_06B130_____-120-277V.IES ERL1_06B130_____-347-480V.IES ERL1 C1 6000 5800 B2-U0-G1 B2-U0-G1 ERL1_06C140_____-120-277V.IES ERL1_06C140_____-347-480V.IES ERL1_06C130_____-120-277V.IES ERL1_06C130_____-347-480V.IES ERL1 06 D1 5800 5600 53 58 B1-U0-G1 B1-U0-G1 ERL1_06D140_____-120-277V.IES ERL1_06D140_____-347-480V.IES ERL1_06D130_____-120-277V.IES ERL1_06D130_____-347-480V.IES ERL1 E1 6000 5800 B2-U0-G1 B2-U0-G1 ERL1_06E140_____-120-277V.IES ERL1_06E140_____-347-480V.IES ERL1_06E130_____-120-277V.IES ERL1_06E130_____-347-480V.IES ERL1 F1 6000 5800 B2-U0-G1 B2-U0-G1 ERL1_06F140_____-120-277V.IES ERL1_06F140_____-347-480V.IES ERL1_06F130_____-120-277V.IES ERL1_06F130_____-347-480V.IES ERL1 G1 6000 5800 B2-U0-G1 B2-U0-G1 ERL1_06G140_____-120-277V.IES ERL1_06G140_____-347-480V.IES ERL1_06G130_____-120-277V.IES ERL1_06G130_____-347-480V.IES ERL1 A1 6700 6500 B2-U0-G2 B2-U0-G2 ERL1_07A140_____.IES ERL1_07A130_____.IES ERL1 B1 6800 6600 B2-U0-G1 B2-U0-G1 ERL1_07B140_____.IES ERL1_07B130_____.IES ERL1 C1 7000 6800 B2-U0-G1 B2-U0-G1 ERL1_07C140_____.IES ERL1_07C130_____.IES ERL1 07 D1 6800 6600 67 B2-U0-G1 B2-U0-G1 ERL1_07D140_____.IES ERL1_07D130_____.IES ERL1 E1 7000 6800 B2-U0-G1 B2-U0-G1 ERL1_07E140_____.IES ERL1_07E130_____.IES ERL1 F1 7000 6800 B2-U0-G2 B2-U0-G2 ERL1_07F140_____.IES ERL1_07F130_____.IES ERL1 G1 7000 6800 B2-U0-G2 B2-U0-G2 ERL1_07G140_____.IES ERL1_07G130_____.IES ERL1 A1 8200 8000 B2-U0-G2 B2-U0-G2 ERL1_08A140_____.IES ERL1_08A130_____.IES ERL1 B1 8300 8100 B2-U0-G1 B2-U0-G1 ERL1_08B140_____.IES ERL1_08B130_____.IES ERL1 C1 8500 8200 B2-U0-G1 B2-U0-G1 ERL1_08C140_____.IES ERL1_08C130_____.IES ERL1 08 D1 8300 8100 88 B2-U0-G1 B2-U0-G1 ERL1_08D140_____.IES ERL1_08D130_____.IES ERL1 E1 8500 8200 B2-U0-G1 B2-U0-G1 ERL1_08E140_____.IES ERL1_08E130_____.IES ERL1 F1 8500 8200 B2-U0-G2 B2-U0-G2 ERL1_08F140_____.IES ERL1_08F130_____.IES ERL1 G1 8500 8200 B2-U0-G2 B2-U0-G2 ERL1_08G140_____..IES ERL1_08G130_____.IES ERL1 A1 8400 8100 B2-U0-G2 B2-U0-G2 ERL1_09A140_____.IES ERL1_09A130_____.IES ERL1 B1 8500 8200 B2-U0-G1 B2-U0-G1 ERL1_09B140_____.IES ERL1_09B130_____.IES ERL1 C1 8800 8400 B2-U0-G1 B2-U0-G1 ERL1_09C140_____.IES ERL1_09C130_____.IES ERL1 09 D1 8500 8200 90 B2-U0-G2 B2-U0-G1 ERL1_09D140_____.IES ERL1_09D130_____.IES ERL1 E1 8800 8400 B2-U0-G1 B2-U0-G1 ERL1_09E140_____.IES ERL1_09E130_____.IES ERL1 F1 8800 8400 B2-U0-G2 B2-U0-G2 ERL1_09F140_____.IES ERL1_09F130_____.IES ERL1 G1 8800 8400 B2-U0-G2 B2-U0-G2 ERL1_09G140_____.IES ERL1_09G130_____.IES

Photometrics
Evolve™ LED Streetlight (ERL1)
Coefficients of Utilization Coefficients of Utilization ERL1
Extra Narrow Asymmetric
(08A1)
8,200 Lumens
4000K
ERL1_08A140_____.IES
ERL1
Narrow Asymmetric Medium
(08B1)
8,300 Lumens
4000K
ERL1_08B140_____.IES
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 85°
Vertical plane through horizontal angle of 70°
Vertical plane through horizontal angle
of maximum candlepower at 80°
Vertical plane through horizontal angle of 68°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting Height
.1
.2
.5
1 .5
.1
.2
5188
3891
2594
1297
1 2
Coefficients of Utilization Coefficients of Utilization Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERL1
Asymmetric Short
(08C1)
8,500 Lumens
4000K
ERL1_08C140_____.IES
ERL1
Asymmetric Forward
(08D1)
8,300 Lumens
4000K
ERL1_08D140_____.IES
SS
SS
HS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 1.0

0.9 0.8

0.7 0.6

0.5 0.4

0.3 0.2

0.1 0.0
0 1 2 3 4 5
0 1 2 3 4 5
SS
SS
HS
HS
Vertical plane through horizontal angle
of maximum candlepower at 15°
Vertical plane through horizontal angle of 42°
Vertical plane through horizontal angle
of maximum candlepower at 15°
Vertical plane through horizontal angle of 42°
Street Width/Mounting Height
Street Width/Mounting Height
.1
.1
.2
.2
.5
.5
4838
4693
3629
3520
1210
1172
1 1
2 2
2 7760
5820
3880
1940
2419
2346
Photometrics
Evolve™ LED Streetlight (ERL1)
Coefficients of Utilization Coefficients of Utilization ERL1
Asymmetric Medium
(08E1)
8,500 Lumens
4000K
ERL1_08E140_____.IES
ERL1
Asymmetric Wide
(08F1)
8,500 Lumens
4000K
ERL1_08F140_____.IES
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 80°
Vertical plane through horizontal angle of 69°
Vertical plane through horizontal angle
of maximum candlepower at 60°
Vertical plane through horizontal angle of 73°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting Height
.1
.2
.5
1 2
.5
.1
.2
4640
3480
2320
1160
1 2
Coefficients of Utilization
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERL1
Asymmetric Extra Wide
(08G1)
8,500 Lumens
4000K
ERL1_08G140_____.IES
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Vertical plane through horizontal angle
of maximum candlepower at 70°
Vertical plane through horizontal angle of 66°
Street Width/Mounting Height
.1
.2
.5
2927
1951
976
1 2
3902
6897
5173
3448
1724
E R L H _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROD. ID VOLTAGE LUMEN
OUTPUT
0 = 120-277*
1 = 120
2 = 208
3 = 240
4 = 277
5 = 480
D = 347
H = 347-480*
* Not available
with Fusing.

Must choose
a descreet
voltage with
F option.
30 = 3000K
40 = 4000K

OPTIONSCOLORCONTROLS
A = 4 Bolt Slipfitter †
F = Fusing
G = Internal Bubble Level
I = IP66 Optical
L = Tool-Less Entry
R = Optional Secondary Enhanced Surge
Protection (10kV/5kA)
U = Universal DALI Programmable +^
X = Single Package #
Y = Coastal Finish *
XXX = Special Options
† Contact manufacturer for Lead-Time.
# Std Packaging = 20 units per container.
* Recommended for installations within
1 mile from the coast. Contact Factory
for Lead-Time.
+ Compatible with LightGrid 2.0 nodes.
^ Not available at 347V, 480V or 347-480V.

GRAY = Gray
BLCK = Black
DKBZ = Dark
Bronze
A = ANSI C136.41 7-pin
D = ANSI C136.41 7-pin
receptacle with Shorting
Cap
E = ANSI C136.41 7-pin
Receptacle with non-
Dimming PE Control.*
* PE Control Only available for
120-277V or 480V Discrete.

Not available for 347-480V
or 347V Discrete.

NOTE: Dimming controls wired
for 0-10V standard unless DALI
option “U” requested.

CCTDISTRIBUTION
E = Evolve
R = Roadway
L = Local
H = High Output
A1 = Extra Narrow
Asymmetric
B1 = Narrow
Asymmetric
(Medium)
C1 = Asymmetric
(Short)
D1 = Asymmetric
Forward
E1 = Asymmetric
(Medium)
F1 = Asymmetric
(Wide)
G1 = Asymmetric
(Extra Wide)
See Data Table for

more information
Ordering Number Logic
Evolve™ LED Streetlight (ERLH)
10 11
13 14
15 See Data
Table for
more
information.

PRODUCT
ID
LUMEN

OUTPUT DISTRIBUTION
4000K 3000K

TYPICAL INITIAL
LUMENS

TYPICAL SYSTEM

WATTAGE
4000K4000K 3000K 3000K

IES FILE NUMBERBUG RATING
ERLH A1 9500 9100 B3-U0-G2 B3-U0-G2 ERLH_10A140_____.IES ERLH_10A130_____.IES ERLH B1 9800 9500 B3-U0-G1 B2-U0-G1 ERLH_10B140_____.IES ERLH_10B130_____.IES ERLH C1 10000 9600 B2-U0-G1 B2-U0-G1 ERLH_10C140_____.IES ERLH_10C130_____.IES ERLH 10 D1 9800 9500 90 B2-U0-G2 B2-U0-G2 ERLH_10D140_____.IES ERLH_10D130_____.IES ERLH E1 10000 9600 B2-U0-G2 B2-U0-G2 ERLH_10E140_____.IES ERLH_10E130_____.IES ERLH F1 10000 9600 B2-U0-G2 B2-U0-G2 ERLH_10F140_____.IES ERLH_10F130_____.IES ERLH G1 10000 9600 B2-U0-G2 B2-U0-G2 ERLH_10G140_____.IES ERLH_10G130_____.IES ERLH A1 10900 10500 B3-U0-G2 B3-U0-G2 ERLH_11A140_____.IES ERLH_11A130_____.IES ERLH B1 11200 10800 B3-U0-G2 B3-U0-G1 ERLH_11B140_____.IES ERLH_11B130_____.IES ERLH C1 11500 11100 B3-U0-G2 B3-U0-G2 ERLH_11C140_____.IES ERLH_11C130_____.IES ERLH 11 D1 11200 10800 108 B2-U0-G2 B2-U0-G2 ERLH_11D140_____.IES ERLH_11D130_____.IES ERLH E1 11500 11100 B3-U0-G2 B3-U0-G2 ERLH_11E140_____.IES ERLH_11E130_____.IES ERLH F1 11500 11100 B3-U0-G2 B3-U0-G2 ERLH_11F140_____.IES ERLH_11F130_____.IES ERLH G1 11500 11100 B3-U0-G2 B3-U0-G2 ERLH_11G140_____.IES ERLH_11G130_____.IES ERLH A1 12300 11900 B3-U0-G2 B3-U0-G2 ERLH_13A140_____.IES ERLH_13A130_____.IES ERLH B1 12700 12200 B3-U0-G2 B3-U0-G2 ERLH_13B140_____.IES ERLH_13B130_____.IES ERLH C1 13000 12500 B3-U0-G2 B3-U0-G2 ERLH_13C140_____.IES ERLH_13C130_____.IES ERLH 13 D1 12700 12200 125 B3-U0-G2 B2-U0-G2 ERLH_13D140_____.IES ERLH_13D130_____.IES ERLH E1 13000 12500 B3-U0-G2 B3-U0-G2 ERLH_13E140_____.IES ERLH_13E130_____.IES ERLH F1 13000 12500 B3-U0-G2 B3-U0-G2 ERLH_13F140_____.IES ERLH_13F130_____.IES ERLH G1 13000 12500 B3-U0-G2 B3-U0-G2 ERLH_13G140_____.IES ERLH_13G130_____.IES ERLH A1 13300 12800 B3-U0-G3 B3-U0-G3 ERLH_14A140_____.IES ERLH_14A130_____.IES ERLH B1 13700 13200 B3-U0-G2 B3-U0-G2 ERLH_14B140_____.IES ERLH_14B130_____.IES ERLH C1 14000 13500 B3-U0-G2 B3-U0-G2 ERLH_14C140_____.IES ERLH_14C130_____.IES ERLH 14 D1 13700 13200 139 B3-U0-G2 B3-U0-G2 ERLH_14D140_____.IES ERLH_14D130_____.IES ERLH E1 14000 13500 B3-U0-G2 B3-U0-G2 ERLH_14E140_____.IES ERLH_14E130_____.IES ERLH F1 14000 13500 B3-U0-G2 B3-U0-G2 ERLH_14F140_____.IES ERLH_14F130_____.IES ERLH G1 14000 13500 B3-U0-G2 B3-U0-G2 ERLH_14G140_____.IES ERLH_14G130_____.IES ERLH A1 14200 13700 B3-U0-G3 B3-U0-G3 ERLH_15A140_____.IES ERLH_15A130_____.IES ERLH B1 14700 14200 B3-U0-G2 B3-U0-G2 ERLH_15B140_____.IES ERLH_15B130_____.IES ERLH C1 15000 14500 B3-U0-G2 B3-U0-G2 ERLH_15C140_____.IES ERLH_15C130_____.IES ERLH 15 D1 14700 14200 161 B3-U0-G2 B3-U0-G2 ERLH_15D140_____.IES ERLH_15D130_____.IES ERLH E1 15000 14500 B3-U0-G2 B3-U0-G2 ERLH_15E140_____.IES ERLH_15E130_____.IES ERLH F1 15000 14500 B3-U0-G2 B3-U0-G2 ERLH_15F140_____.IES ERLH_15F130_____.IES ERLH G1 15000 14500 B3-U0-G2 B3-U0-G2 ERLH_15G140_____.IES ERLH_15G130_____.IES

E R S 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROD. ID VOLTAGE LUMEN
OUTPUT
DRIVE

CURRENT
0 = 120-277*
1 = 120
2 = 208
3 = 240
4 = 277
5 = 480
D = 347
H = 347-480*
* Not available
with Fusing.

Must choose
a descreet
voltage with
F option.
30 = 3000K
40 = 4000K
X = Not
Applicable

OPTIONSCOLORCONTROLS
F = Fusing
G = Internal Bubble Level
L = Tool-Less Entry
R = Optional Secondary Enhanced
Surge Protection (10kV/5kA)
T = 20kV/10kA Surge Protection
per IEEE/ANSI C62.41.2-2002 †
U = Universal DALI Programmable+^
Y = Coastal Finish*
XXX = Special Options
* Recommended for installations within
1 mile from the coast. Contact Factory
for Lead-Time.
+ Compatible with LightGrid 2.0 nodes.
^Not available at 347V, 480V or 347-480V.

GRAY = Gray
BLCK = Black
DKBZ = Dark
Bronze
A = ANSI C136.41 7-pin
D = ANSI C136.41 7-pin
receptacle with
Shorting Cap
E = ANSI C136.41 7-pin
Receptacle with non-
Dimming PE Control.*
* PE Control Only available for
120-277V or 480V Discrete.

Not available for 347-480V
or 347V Discrete.

NOTE: Dimming controls wired
for 0-10V standard unless DALI
option “U” requested.

CCTDISTRIBUTION
E = Evolve
R = Roadway
S = Scalable
1 = Single Module
A1 = Extra Narrow
Asymmetric
B1 = Narrow
Asymmetric
(Medium)
C1 = Asymmetric
(Short)
D1 = Asymmetric
Forward
E1 = Asymmetric
(Medium)
F1 = Asymmetric
(Wide)
G1 = Asymmetric
(Extra Wide)
See Data Table for

more information
Ordering Number Logic
Evolve™ LED Streetlight (ERS1)
10 11
13 14
15 See Data
Table for
more
information.

PRODUCT
ID
LUMEN

OUTPUT DISTRIBUTION
4000K 3000K

TYPICAL INITIAL
LUMENS

TYPICAL SYSTEM

WATTAGE
4000K4000K 3000K 3000K

IES FILE NUMBERBUG RATING
ERS1 A1 9500 9200 B3-U0-G2 B3-U0-G2 ERS1_10A1X40_____.IES ERS1_10A1X30_____.IES ERS1 B1 9800 9500 B3-U0-G1 B2-U0-G1 ERS1_10B1X40_____.IES ERS1_10B1X30_____.IES ERS1 C1 10000 9600 B2-U0-G1 B2-U0-G1 ERS1_10C1X40_____.IES ERS1_10C1X30_____.IES ERS1 10 D1 9800 9500 90 B2-U0-G2 B2-U0-G2 ERS1_10D1X40_____.IES ERS1_10D1X30_____.IES ERS1 E1 10000 9600 B2-U0-G2 B2-U0-G2 ERS1_10E1X40_____.IES ERS1_10E1X30_____.IES ERS1 F1 10000 9600 B2-U0-G2 B2-U0-G2 ERS1_10F1X40_____.IES ERS1_10F1X30_____.IES ERS1 G1 10000 9600 B2-U0-G2 B2-U0-G2 ERS1_10G1X40_____.IES ERS1_10G1X30_____.IES ERS1 A1 10900 10500 B3-U0-G2 B3-U0-G2 ERS1_11A1X40_____.IES ERS1_11A1X30_____.IES ERS1 B1 11200 10800 B3-U0-G2 B3-U0-G1 ERS1_11B1X40_____.IES ERS1_11B1X30_____.IES ERS1 C1 11500 11100 B3-U0-G2 B3-U0-G2 ERS1_11C1X40_____.IES ERS1_11C1X30_____.IES ERS1 11 D1 11200 10800 108 B2-U0-G2 B2-U0-G2 ERS1_11D1X40_____.IES ERS1_11D1X30_____.IES ERS1 E1 11500 11100 B3-U0-G2 B3-U0-G2 ERS1_11E1X40_____.IES ERS1_11E1X30_____.IES ERS1 F1 11500 11100 B3-U0-G2 B3-U0-G2 ERS1_11F1X40_____.IES ERS1_11F1X30_____.IES ERS1 G1 11500 11100 B3-U0-G2 B3-U0-G2 ERS1_11G1X40_____.IES ERS1_11G1X30_____.IES ERS1 A1 12300 11900 B3-U0-G2 B3-U0-G2 ERS1_13A1X40_____.IES ERS1_13A1X30_____.IES ERS1 B1 12700 12200 B3-U0-G2 B3-U0-G2 ERS1_13B1X40_____.IES ERS1_13B1X30_____.IES ERS1 C1 13000 12500 B3-U0-G2 B3-U0-G2 ERS1_13C1X40_____.IES ERS1_13C1X30_____.IES ERS1 13 D1 12700 12200 125 B3-U0-G2 B2-U0-G2 ERS1_13D1X40_____.IES ERS1_13D1X30_____.IES ERS1 E1 13000 12500 B3-U0-G2 B3-U0-G2 ERS1_13E1X40_____.IES ERS1_13E1X30_____.IES ERS1 F1 13000 12500 B3-U0-G2 B3-U0-G2 ERS1_13F1X40_____.IES ERS1_13F1X30_____.IES ERS1 G1 13000 12500 B3-U0-G2 B3-U0-G2 ERS1_13G1X40_____.IES ERS1_13G1X30_____.IES ERS1 A1 13300 12800 B3-U0-G3 B3-U0-G3 ERS1_14A1X40_____.IES ERS1_14A1X30_____.IES ERS1 B1 13700 13200 B3-U0-G2 B3-U0-G2 ERS1_14B1X40_____.IES ERS1_14B1X30_____.IES ERS1 C1 14000 13500 B3-U0-G2 B3-U0-G2 ERS1_14C1X40_____.IES ERS1_14C1X30_____.IES ERS1 14 D1 13700 13200 139 B3-U0-G2 B3-U0-G2 ERS1_14D1X40_____.IES ERS1_14D1X30_____.IES ERS1 E1 14000 13500 B3-U0-G2 B3-U0-G2 ERS1_14E1X40_____.IES ERS1_14E1X30_____.IES ERS1 F1 14000 13500 B3-U0-G2 B3-U0-G2 ERS1_14F1X40_____.IES ERS1_14F1X30_____.IES ERS1 G1 14000 13500 B3-U0-G2 B3-U0-G2 ERS1_14G1X40_____.IES ERS1_14G1X30_____.IES ERS1 A1 14200 13700 B3-U0-G3 B3-U0-G3 ERS1_15A1X40_____.IES ERS1_15A1X30_____.IES ERS1 B1 14700 14200 B3-U0-G2 B3-U0-G2 ERS1_15B1X40_____.IES ERS1_15B1X30_____.IES ERS1 C1 15000 14500 B3-U0-G2 B3-U0-G2 ERS1_15C1X40_____.IES ERS1_15C1X30_____.IES ERS1 15 D1 14700 14200 161 B3-U0-G2 B3-U0-G2 ERS1_15D1X40_____.IES ERS1_15D1X30_____.IES ERS1 E1 15000 14500 B3-U0-G2 B3-U0-G2 ERS1_15E1X40_____.IES ERS1_15E1X30_____.IES ERS1 F1 15000 14500 B3-U0-G2 B3-U0-G2 ERS1_15F1X40_____.IES ERS1_15F1X30_____.IES ERS1 G1 15000 14500 B3-U0-G2 B3-U0-G2 ERS1_15G1X40_____.IES ERS1_15G1X30_____.IES Photometrics
Evolve™ LED Streetlight (ERLH and ERS1)
Coefficients of Utilization Coefficients of Utilization ERLH and ERS1
Extra Narrow Asymmetric
(15A1)
14,200 Lumens
4000K
ERLH and ERS1
Narrow Asymmetric (Medium)
(15B1)
14,700 Lumens
4000K
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 85°
Vertical plane through horizontal angle of 71°
Vertical plane through horizontal angle
of maximum candlepower at 85°
Vertical plane through horizontal angle of 71°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting HeightCoefficients of Utilization Coefficients of Utilization Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERLH and ERS1
Asymmetric Short
(15C1)
15,000 Lumens
4000K
ERLH and ERS1
Asymmetric Forward
(15D1)
14,700 Lumens
4000K
SS
SS
HS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 1.0

0.9 0.8

0.7 0.6

0.5 0.4

0.3 0.2

0.1 0.0
0 1 2 3 4 5
0 1 2 3 4 5
SS
SS
HS
HS
Vertical plane through horizontal angle
of maximum candlepower at 0°
Vertical plane through horizontal angle of 38°
Vertical plane through horizontal angle
of maximum candlepower at 5°
Vertical plane through horizontal angle of 41°
Street Width/Mounting Height
Street Width/Mounting Height
8416
6312
4208
2104
1 1
.5
.1
.2
8490
6368
4245
2123
2 .1
.2
2 .1
.2
.5
8959
2986
1 2
11946
5973
8657
6493
4329
3902
1 2164
.5
.1.2
.5
Photometrics
Evolve™ LED Streetlight (ERLH and ERS1)
Coefficients of Utilization Coefficients of Utilization ERLH and ERS1
Asymmetric Medium
(15E1)
15,000 Lumens
4000K
ERLH and ERS1
Asymmetric Wide
(15F1)
15,000 Lumens
4000K
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 75°
Vertical plane through horizontal angle of 70°
Vertical plane through horizontal angle
of maximum candlepower at 60°
Vertical plane through horizontal angle of 75°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting Height
1 2
.5
.1
.2
Coefficients of Utilization
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERLH and ERS1
Asymmetric Extra Wide
(15G1)
15,000 Lumens
4000K
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Vertical plane through horizontal angle
of maximum candlepower at 75°
Vertical plane through horizontal angle of 68°
Street Width/Mounting Height
.1
.2
6249
4687
3125
1562
1 2
10439
7829
2610
5219
.1
.2
.5
8066
6049
4033
2016
1 2
.5
A1 = Extra Narrow
Asymmetric
B1 = Narrow
Asymmetric
(Medium)
C1 = Asymmetric
(Short)
D1 = Asymmetric
Forward
E1 = Asymmetric
(Medium)
F1 = Asymmetric
(Wide)
G1 = Asymmetric
(Extra Wide)
See Data Table for

more information
E R S 2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROD. ID VOLTAGE LUMEN
OUTPUT
0 = 120-277*
1 = 120
2 = 208
3 = 240
4 = 277
5 = 480
D = 347
H = 347-480*
* Not available
with Fusing.

Must choose
a descreet
voltage with
F option.
30 = 3000K
40 = 4000K

OPTIONSCOLORCONTROLS
A = 4 Bolt Slipfitter †
F = Fusing
G = Internal Bubble Level
L = Tool-Less Entry
R = Optional Secondary Enhanced
Surge Protection (10kV/5kA)
T = 20kV/10kA Surge Protection
per IEEE/ANSI C62.41.2-2002 †
U = Universal DALI Programmable +^
Y = Coastal Finish*
XXX = Special Options
† Contact manufacturer for Lead-Time.
* Recommended for installations within
1 mile from the coast. Contact Factory
for Lead-Time.
+ Compatible with LightGrid 2.0 nodes.
^ Not available at 347V, 480V or 347-480V.

GRAY = Gray
BLCK = Black
DKBZ = Dark
Bronze
A = ANSI C136.41 7-pin
D = ANSI C136.41 7-pin
receptacle with
Shorting Cap
E = ANSI C136.41 7-pin
Receptacle with non-
Dimming PE Control.*
* PE Control Only available for
120-277V or 480V Discrete.

Not available for 347-480V
or 347V Discrete.

NOTE: Dimming controls wired
for 0-10V standard unless DALI
option “U” requested.

CCTDISTRIBUTION
E = Evolve
R = Roadway
S = Scalable
2 = Double
Module
Ordering Number Logic
Evolve™ LED Streetlight (ERS2)
16 18
19 21
23 25
27 28
See Data
Table for
more
information.

DRIVE

CURRENT
X = Not
Applicable

PRODUCT
ID
LUMEN

OUTPUT DISTRIBUTION
4000K 3000K

TYPICAL INITIAL
LUMENS

TYPICAL SYSTEM

WATTAGE
4000K4000K 3000K 3000K

IES FILE NUMBERBUG RATING
ERS2 A1 15200 14700 B3-U0-G3 B3-U0-G3 ERS2_16A1X40_____.IES ERS2_16A1X30_____.IES ERS2 B1 15700 15100 B3-U0-G2 B3-U0-G2 ERS2_16B1X40_____.IES ERS2_16B1X30_____.IES ERS2 C1 16000 15400 B3-U0-G2 B3-U0-G2 ERS2_16C1X40_____.IES ERS2_16C1X30_____.IES ERS2 16 D1 15700 15100 132 B3-U0-G2 B3-U0-G2 ERS2_16D1X40_____.IES ERS2_16D1X30_____.IES ERS2 E1 16000 15400 B3-U0-G2 B3-U0-G2 ERS2_16E1X40_____.IES ERS2_16E1X30_____.IES ERS2 F1 16000 15400 B3-U0-G2 B3-U0-G2 ERS2_16F1X40_____.IES ERS2_16F1X30_____.IES ERS2 G1 16000 15400 B3-U0-G2 B3-U0-G2 ERS2_16G1X40_____.IES ERS2_16G1X30_____.IES ERS2 A1 17100 16500 B3-U0-G3 B3-U0-G3 ERS2_18A1X40_____.IES ERS2_18A1X30_____.IES ERS2 B1 17600 17000 B3-U0-G2 B3-U0-G2 ERS2_18B1X40_____.IES ERS2_18B1X30_____.IES ERS2 C1 18000 17400 B3-U0-G2 B3-U0-G2 ERS2_18C1X40_____.IES ERS2_18C1X30_____.IES ERS2 18 D1 17600 17000 157 B3-U0-G2 B3-U0-G2 ERS2_18D1X40_____.IES ERS2_18D1X30_____.IES ERS2 E1 18000 17400 B3-U0-G2 B3-U0-G2 ERS2_18E1X40_____.IES ERS2_18E1X30_____.IES ERS2 F1 18000 17400 B3-U0-G3 B3-U0-G2 ERS2_18F1X40_____.IES ERS2_18F1X30_____.IES ERS2 G1 18000 17400 B3-U0-G2 B3-U0-G2 ERS2_18G1X40_____.IES ERS2_18G1X30_____.IES ERS2 A1 18000 17400 B3-U0-G3 B3-U0-G3 ERS2_19A1X40_____.IES ERS2_19A1X30_____.IES ERS2 B1 18600 17900 B3-U0-G2 B3-U0-G2 ERS2_19B1X40_____.IES ERS2_19B1X30_____.IES ERS2 C1 19000 18300 B3-U0-G2 B3-U0-G2 ERS2_19C1X40_____.IES ERS2_19C1X30_____.IES ERS2 19 D1 18600 17900 162 B3-U0-G2 B3-U0-G2 ERS2_19D1X40_____.IES ERS2_19D1X30_____.IES ERS2 E1 19000 18300 B3-U0-G2 B3-U0-G2 ERS2_19E1X40_____.IES ERS2_19E1X30_____.IES ERS2 F1 19000 18300 B3-U0-G3 B3-U0-G3 ERS2_19F1X40_____.IES ERS2_19F1X30_____.IES ERS2 G1 19000 18300 B3-U0-G3 B3-U0-G2 ERS2_19G1X40_____.IES ERS2_19G1X30_____.IES ERS2 A1 20000 19300 B3-U0-G3 B3-U0-G3 ERS2_21A1X40_____.IES ERS2_21A1X30_____.IES ERS2 B1 20600 19900 B3-U0-G2 B3-U0-G2 ERS2_21B1X40_____.IES ERS2_21B1X30_____.IES ERS2 C1 21000 20300 B3-U0-G2 B3-U0-G2 ERS2_21C1X40_____.IES ERS2_21C1X30_____.IES ERS2 21 D1 20600 19900 193 B3-U0-G2 B3-U0-G2 ERS2_21D1X40_____.IES ERS2_21D1X30_____.IES ERS2 E1 21000 20300 B3-U0-G2 B3-U0-G2 ERS2_21E1X40_____.IES ERS2_21E1X30_____.IES ERS2 F1 21000 20300 B3-U0-G3 B3-U0-G3 ERS2_21F1X40_____.IES ERS2_21F1X30_____.IES ERS2 G1 21000 20300 B3-U0-G3 B3-U0-G3 ERS2_21G1X40_____.IES ERS2_21G1X30_____.IES ERS2 A1 21900 21100 B4-U0-G3 B3-U0-G3 ERS2_23A1X40_____.IES ERS2_23A1X30_____.IES ERS2 B1 22500 21700 B3-U0-G3 B3-U0-G2 ERS2_23B1X40_____.IES ERS2_23B1X30_____.IES ERS2 C1 23000 22200 B3-U0-G2 B3-U0-G2 ERS2_23C1X40_____.IES ERS2_23C1X30_____.IES ERS2 23 D1 22500 21700 219 B3-U0-G2 B3-U0-G2 ERS2_23D1X40_____.IES ERS2_23D1X30_____.IES ERS2 E1 23000 22200 B3-U0-G2 B3-U0-G2 ERS2_23E1X40_____.IES ERS2_23E1X30_____.IES ERS2 F1 23000 22200 B3-U0-G3 B3-U0-G3 ERS2_23F1X40_____.IES ERS2_23F1X30_____.IES ERS2 G1 23000 22200 B3-U0-G3 B3-U0-G3 ERS2_23G1X40_____.IES ERS2_23G1X30_____.IES ERS2 A1 23800 23000 B4-U0-G3 B4-U0-G3 ERS2_25A1X40_____.IES ERS2_25A1X30_____.IES ERS2 B1 24500 23600 B4-U0-G3 B3-U0-G3 ERS2_25B1X40_____.IES ERS2_25B1X30_____.IES ERS2 C1 25000 24100 B3-U0-G2 B3-U0-G2 ERS2_25C1X40_____.IES ERS2_25C1X30_____.IES ERS2 25 D1 24500 23600 243 B3-U0-G3 B3-U0-G3 ERS2_25D1X40_____.IES ERS2_25D1X30_____.IES ERS2 E1 25000 24100 B3-U0-G3 B3-U0-G3 ERS2_25E1X40_____.IES ERS2_25E1X30_____.IES ERS2 F1 25000 24100 B3-U0-G3 B3-U0-G3 ERS2_25F1X40_____.IES ERS2_25F1X30_____.IES ERS2 G1 25000 24100 B3-U0-G3 B3-U0-G3 ERS2_25G1X40_____.IES ERS2_25G1X30_____.IES ERS2 A1 25700 24800 B4-U0-G3 B4-U0-G3 ERS2_27A1X40_____.IES ERS2_27A1X30_____.IES ERS2 B1 26500 25600 B4-U0-G3 B4-U0-G3 ERS2_27B1X40_____.IES ERS2_27B1X30_____.IES ERS2 C1 27000 26000 B4-U0-G3 B4-U0-G3 ERS2_27C1X40_____.IES ERS2_27C1X30_____.IES ERS2 27 D1 26500 25600 275 B3-U0-G3 B3-U0-G3 ERS2_27D1X40_____.IES ERS2_27D1X30_____.IES ERS2 E1 27000 26000 B4-U0-G3 B4-U0-G3 ERS2_27E1X40_____.IES ERS2_27E1X30_____.IES ERS2 F1 27000 26000 B4-U0-G4 B4-U0-G3 ERS2_27F1X40_____.IES ERS2_27F1X30_____.IES ERS2 G1 27000 26000 B4-U0-G3 B4-U0-G3 ERS2_27G1X40_____.IES ERS2_27G1X30_____.IES ERS2 A1 26600 25600 B4-U0-G3 B4-U0-G3 ERS2_28A1X40_____.IES ERS2_28A1X30_____.IES ERS2 B1 27400 26400 B4-U0-G3 B4-U0-G3 ERS2_28B1X40_____.IES ERS2_28B1X30_____.IES ERS2 C1 28000 26900 B4-U0-G3 B4-U0-G3 ERS2_28C1X40_____.IES ERS2_28C1X30_____.IES ERS2 28 D1 27400 26400 280 B3-U0-G3 B3-U0-G3 ERS2_28D1X40_____.IES ERS2_28D1X30_____.IES ERS2 E1 28000 26900 B4-U0-G3 B4-U0-G3 ERS2_28E1X40_____.IES ERS2_28E1X30_____.IES ERS2 F1 28000 26900 B4-U0-G4 B4-U0-G3 ERS2_28F1X40_____.IES ERS2_28F1X30_____.IES ERS2 G1 28000 26900 B4-U0-G4 B4-U0-G3 ERS2_28G1X40_____.IES ERS2_28G1X30_____.IES Photometrics
Evolve™ LED Streetlight (ERS2)
Coefficients of Utilization Coefficients of Utilization ERS2
Extra Narrow Asymmetric
(27A1)
25,700 Lumens
4000K
ERS2_27A1X40____.IES
ERS2
Narrow Asymmetric (Medium)
(27B1)
26,500 Lumens
4000K
ERS2_27B1X40____.IES
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 85°
Vertical plane through horizontal angle of 71°
Vertical plane through horizontal angle
of maximum candlepower at 85°
Vertical plane through horizontal angle of 71°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting Height
.1
.2
.5
Coefficients of Utilization Coefficients of Utilization Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERS2
Asymmetric Short
(27C1)
27,000 Lumens
4000K
ERS2_27C1X40____.IES
ERS2
Asymmetric Forward
(27D1)
26,500 Lumens
4000K
ERS2_27D1X40____.IES
SS
SS
HS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 1.0

0.9 0.8

0.7 0.6

0.5 0.4

0.3 0.2

0.1 0.0
0 1 2 3 4 5
0 1 2 3 4 5
SS
SS
HS
HS
Vertical plane through horizontal angle
of maximum candlepower at 0°
Vertical plane through horizontal angle of 38°
Vertical plane through horizontal angle
of maximum candlepower at 5°
Vertical plane through horizontal angle of 41°
Street Width/Mounting Height
Street Width/Mounting Height
.1
.2
15171
11379
7586
3793
1 1
21621
16216
10810
5405
1 2
15606
11705
7803
3902
1 2
.5
.1
.2
15282
11462
7641
3821
2 .1
.2
.5
2 .5
Photometrics
Evolve™ LED Streetlight (ERS2)
Coefficients of Utilization Coefficients of Utilization ERS2
Asymmetric Medium
(27E1)
27,000 Lumens
4000K
ERS2_27E1X40____.IES
ERS2
Asymmetric Wide
(27F1)
27,000 Lumens
4000K
ERS2_27F1X40____.IES
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
Vertical plane through horizontal angle
of maximum candlepower at 75°
Vertical plane through horizontal angle of 70°
Vertical plane through horizontal angle
of maximum candlepower at 60°
Vertical plane through horizontal angle of 75°
SSHS
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Street Width/Mounting Height
Street Width/Mounting Height
1 2
.5
.1
.2
Coefficients of Utilization
Grid Distance in Units of
Mounting Height at 30’ Initial
Footcandle Values at Grade
ERS2
Asymmetric Extra Wide
(27G1)
27,000 Lumens
4000K
ERS2_27G1X40____.IES
SSHS

1.0 0.9

0.8 0.7

0.6 0.5

0.4 0.3

0.2 0.1

0.0 0 1 2 3 4 5
SS
HS
Vertical plane through horizontal angle
of maximum candlepower at 75°
Vertical plane through horizontal angle of 68°
Street Width/Mounting Height
.1
.2
.5
11248
8436
5624
2812
1 2
18790
14092
4697
9395
.1
.2
.5
14519
10889
7259
3630
1 2
Product Dimensions
Evolve™ LED Streetlight (ERL1)
ADJUSTABLE FOR 1-1/4 to 2 inch PIPE
(1.660 to 2.375 inch OD)
[42 to 60 mm OD]

22.1 in.
[561 mm]

13.5 in.
[344 mm]

14.7 in. R
[373 mm R]

5.4 in.
[137 mm]

9.6 in.
[243 mm]
Optional LightGrid
Node

6.4 in.
[162 mm]4.2 in.
[107 mm]

5.0 in.
[127 mm]

SIDE VIEWBACK VIEW FRONT VIEW
• Approximate net weight: 12.4 lbs (5.6 kgs) - Without XFMR • Approximate net weight: 15.5 lbs (7 kgs) - With XFMR
• Effective Projected Area (EPA): 0.5 sq ft max (0.046 sq m) DATA
ADJUSTABLE FOR 1-1/4 to 2 inch PIPE
(1.660 to 2.375 inch OD)
[42 to 60 mm OD]

22.1 in.
[561 mm]

13.5 in.
[344 mm]

14.7 in. R
[373 mm R]

9.6 in.
[243 mm]

5.4 in.
[137 mm]
Optional
LightGrid
Node

6.4 in.
[162 mm]4.2 in.
[107 mm]

14.2 in.
[360 mm]
Product Dimensions
Evolve™ LED Streetlight (ERLH)

SIDE VIEW
• Approximate net weight: 15.15 lbs (6.9 kgs) - 2 Bolt Slipfitter • Approximate net weight: 15.85 lbs (7.2 kgs) - 4 Bolt Slipfitter • Effective Projected Area (EPA): 0.5 sq ft max (0.046 sq m) DATA

BACK VIEW FRONT VIEW
Product Dimensions

SIDE VIEW

BACK VIEW

FRONT VIEW
Evolve™ LED Streetlight (ERS1)

7.0 in.
[177mm] 5.4 in.
[136 mm]

14.5 in.
[368 mm]

21.3 in.
[542 mm]

11.8 in. R
[300 mm R]

4.5 in.
[114 mm]
Adjustable for 1-1/4 to 2 in. mounting pipe
(1.660 to 2.375 inch OD)
[42 to 60 mm OD]

21.3 in.
[542 mm]

14.5 in.
[368 mm]

9.9 in.
[251.46 mm]
Optional LightGrid
Node
• Approximate net weight: 20 lbs (9.1 kgs) to 25 lbs (11.4 kgs) • Effective Projected Area (EPA): 0.5 sq ft max (0.046 sq m) DATA
www.gelighting.com
GE and the GE Monogram are trademarks of the General Electric Company. All other trademarks are the property of their respective owners. Information provided is subject to change without notice. All values are design or typical values when measured under laboratory conditions. GE Lighting is a business of the General Electric Company. © 2016 GE.

OLP3105 (Rev 04/22/16)
Evolve™ LED Streetlight (ERS2)
• Approximate net weight: 25 lbs (11.4 kgs) to 29 lbs (13.2 kgs) • Effective Projected Area (EPA): 0.7 sq ft max (0.065 sq m) DATA
Product Dimensions

SIDE VIEW

BACK VIEW

FRONT VIEW

14.5 in.
[368 mm]

7.0 in.
[177mm]

14.5 in.
[368 mm]

25.9 in.
[659 mm]

11.8 in. R
[300 mm R]

4.5 in.
[114 mm]
Adjustable for 1-1/4 to 2 in. mounting pipe
(1.660 to 2.375 inch OD)
[42 to 60 mm OD]

5.4 in.
[136 mm]

25.9 in.
[659 mm]
Optional LightGrid
Node

9.9 in.
[251.46 mm]
Order Guide

CATALOG NUMBER DESCRIPTION
LEH - 25WH323 - 830 - HWD - XXXX - UNV - 1* 25W House-Friendly, 3-Sides, 2-Sides Populated, 3000K, 85 CRI, Hardwired, 120-277V, standard TID LEH - 25WH323 - 840 - HWD - XXXX - UNV - 1* 25W House-Friendly, 3-Sides, 2-Sides Populated, 4000K, 83 CRI, Hardwired, 120-277V, standard TID LEH - 25WH323 - 750 - HWD - XXXX - UNV - 1* 25W House-Friendly, 3-Sides, 2-Sides Populated, 5000K, 70 CRI, Hardwired, 120-277V, standard TID LES - 37W333 - 830 - HWD - XXXX - UNV - 1* 37W, 3-Sides, 3-Sides Populated, 3000K, 85 CRI, Hardwired, 120-277V, standard TID LES - 37W333 - 840 - HWD - XXXX - UNV - 1* 37W, 3-Sides, 3-Sides Populated, 4000K, 83 CRI, Hardwired, 120-277V, standard TID LES - 37W333 - 750 - HWD - XXXX - UNV - 1* 37W, 3-Sides, 3-Sides Populated, 5000K, 70 CRI, Hardwired, 120-277V, standard TID LEH - 37WH433 - 830 - HWD - XXXX - UNV - 1* 37W, House-Friendly, 4-Sides, 3-Sides Populated, 3000K, 85 CRI, Hardwired, 120-277V, standard TID LEH - 37WH433 - 840 - HWD - XXXX - UNV - 1* 37W, House-Friendly, 4-Sides, 3-Sides Populated, 4000K, 83 CRI, Hardwired, 120-277V, standard TID LEH - 37WH433 - 750 - HWD - XXXX - UNV - 1* 37W, House-Friendly, 4-Sides, 3-Sides Populated, 5000K, 70 CRI, Hardwired, 120-277V, standard TID LES - 57W443 - 830 - HWD - XXXX - UNV - 1* 57W, 4-Sides, 4-Sides Populated, 3000K, 84 CRI, Hardwired, 120-277V, standard TID LES - 57W443 - 840 - HWD - XXXX - UNV - 1* 57W, 4-Sides, 4-Sides Populated, 4000K, 85 CRI, Hardwired, 120-277V, standard TID LES - 57W443 - 750 - HWD - XXXX - UNV - 1* 57W, 4-Sides, 4-Sides Populated, 5000K, 70 CRI, Hardwired, 120-277V, standard TID * PLEASE NOTE
- Luminaire description “XXXX” to be completed by factory. - Surge protector “-1” indicates a standard 3-wire unit rated 10kA without indicator light. Options are “-2” (a 2-wire unit rated 10kA with indicator light) or “-3” (a 3-wire unit rated 10kA with indicator light).

LEDioc® - Hardwired
LED Lamp Retrofit Engineered Solution
Applications include: Street/Area, Historic Districts, City Parks & Recreation, Campuses, Glass Lens Post Tops, Plastic Lens Post Tops, Teardrop Pendants Specification Features
Construction
The LED retrofit kit includes a separate LED light source, LED driver and transient immunity device (TID). All three components are individually replaceable. The LED retrofit kit is capable of field adjusting the light center length of the LED light source to match the photometric light center length of the original luminaire.

Mounting
LED lampholder is hardwire mounted on a clamp assembly and can be field adjustable.

Medium and Mogul base designs are available.

Optics
Designed for use in the existing HID post top and pendant mount luminaire optics.

House-Friendly™ versions available with reduced house side lumens.

Electrical
Constant Current Driver is 120-277V input, with 0-10V dimming capability, and the operating temperature is -30° to +60° C. The 25W lamp (28 system watts) along with the 37W lamp (41.5 system watts) driver has a 300mA output and the 57W lamp (63 system watts) driver has a 350mA output. Electrical components are mounted separately to allow for easy serviceability.

Transient immunity device (TID) or surge protector supplied per system requirements.

Reliability
The LEDioc lamp features cast aluminum passive thermal management, which allows air circulation around each LED module to ensure optimal lighting performance and long life.

Warranty
See the EYE Lighting full Warranty and Terms and Conditions of Sale at www.eyelighting.com.

Project ....................................................................................................................................... Date ..............................................................................

Catalog # .................................................................................................................. Prepared by ...............................................................................

Luminaire Type ................................................................................................................................................................................................................

Comments .........................................................................................................................................................................................................................

Check the latest update at www.

DesignLights.org for listed product catalog
numbers. Hardwired versions are listed.

Contact company for solution availability.

EQS3472
EYE Lighting International of North America, Inc.
a division of Iwasaki Electric of Japan
9150 Hendricks Road Tel: (888) 665-2677
Mentor, Ohio 44060 Fax: (440) 350-7001 www.eyelighting.com LEDioc® - Hardwired
LED Lamp Retrofit Engineered Solution
The complete LEDioc component kit includes: the exclusive patent pending EYE LEDioc lamp, driver, TID and mounting bracket for the specific luminaire. Installation is easy, thermal/ mechanical compatibility is assured and lamp LCL is maintained, preserving the optics and photometric performance of the existing luminaire. Each solution includes luminaire-specific installation instructions for the installer. Other solutions available, contact the factory or visit eyelighting.com for other solutions.

Hardwire Photometrics
* Photometric distribution is based on Lexalite Lindy 424 per DLC specifications in a Type V distribution.

25W HOUSE-FRIENDLY™
0 180
9090
3030
150150
6060
120120
300
600
37W STANDARD
0 180
9090
3030
150150
6060
120120
300
600
NOTES :
1) Applications are subject to project performance evaluation and may be subject to thermal validation prior to installation. 2) Actual design will vary based on specific luminaire mounting requirements. 3) Lexalite Lindy 424, GE Town and Country, King Luminaire, and Hadco are trademarks owned by their respective company.

GE Town and Country
Model# T10C Series
Hadco
Model # R52 series
King Luminaire
Model # K118 series
Rialto Streetlight Retrofit Page 25
Attachment B: Resumes
Siemens Industry, Inc., Intelligent Traffic Systems
Summary
Currently Mr. Valenti serves as a technical expert and Business Development Manager for LED street light retrofit programs for Siemens Industry. This involves developing Investment Grade Assessments (IGA) for large municipal street light retrofit programs, performing energy analysis, and material specification, as well as working closely with our clients to ensure they are receiving the best possible service.

I n p r e v i o u s e m p l o y m e n t M r . V a l e n t i w o r k e d a s a P r o j e c t M a n a g e r f o r E n e r g y S o l u t i o n s coordinating energy efficiency rebate programs and developing California building codes.

This included managing large scale commercial lighting retrofits and facilitating the participation of California Investor Owned Utilities in building code development. Prior to Project Management, Mr. Valenti worked as a Researcher at Lawrence Berkeley National Laboratory assisting in the development of Federal lighting standards, and detailed economic, technical and market based analysis. Mr. Valenti also has four years experience as an Environmental Consultant for Environmental Health and Safety related projects.

Education
· Professional Certification, Project Management, San Francisco State University · Bachelor of Science, Environmental Science, University of California Berkeley · Bachelor of Science Minor, Energy and Resources, University of California Berkeley Employment History
2014 - Present
Account Manager, Siemens Industry, Inc.

Responsibilities include:
· Primary contact with customer
· Siemens interface for contractual and finance issues
· Assist with time schedules
· Assist with documentation
· Assist with energy functions
2013 -2014
Project Manager, Energy Solutions
2012 – 2013
Research Associate, Lawrence Berkeley National Laboratory Alex Valenti
Account Manager
2008 – 2012
Environmental Consultant, J. Stanley Consulting
Reference Projects
City of Huntington Beach, CA LED Street Light Retrofit
Role: Account Manager and IGA development
Project Details: Point of contact for the City, worked directly with City and field personnel on IGA and retrofit of approximately 12,000 streetlights.

Completed: IGA completed 2013, Phase 1 completed 2014, Phase 2 expected completion 2016.

City of Rialto, CA LED Street Light Retrofit
Role: Account Manager and IGA development
Project Details: Point of contact for the City, worked with City to develop IGA for approximately 5,000 streetlights.

Completed: 2014, anticipating Phase 1 in 2016
Certifications
· Project Management Certified
Professional Associations
· Association of Energy Engineers
Siemens Industry, Inc., Intelligent Traffic Systems
Summary
Mr. Vossoughi has extensive project management experience with leadership in managing s u c c e s s f u l p r o je c t s f r o m p r o po s a l d e v e lo p m e nt t h r o u g h m u lt if a c e t e d d e s i g n, p r o d u c t a nd implementation development and qualification phases to multi-year production programs.

He is experienced in managing multiple teams and subcontracts while responsible for budget, delivery and technical performance of the project. Mr. Vossoughi also excels in project risk mitigation and planning.

Education
Bachelor of Science, Manufacturing; Western Michigan University Employment History
2015 – Present
Project Manager, Siemens Industry, Inc
Responsibilities include:
· Management of client deliverables
· Budget management
· Supervision of field and office staff involved with project · Client interface
· Lead client updates and meetings
· Manage timeline of project
· Create project data files
· Detail project implementation schedule and deliverables 2015
Project Manager, BAE Systems
2010-2013
Project Manager, Rix Industries
2008-2010
Project Manager, BAE Systems
2005-2008
Project Manager, Honeywell International
Certifications
PMP Certified
Piron Vossoughi
Project Manager
Siemens Industry, Inc., Intelligent Traffic Systems
Summary
Mr. Hutchens has over 21 years of extensive experience in both the technical and construction-related aspects of the traffic signal and streetlight maintenance industry. He has served in many different capacities with increasing responsibility as he has shown himself thorough, professional and competent through the years from field laborer to foreman, field supervisor, technical support for US Traffic Corporation, and estimating, operations management, project management, and service account management .

Education
Employment History
2006 - Present
Siemens Industry, Inc.
2016- Present, Area Operations Manager
2010-2016, Sr. Service Account Manager
2006-2010, Operations Manager (formerly Republic ITS)
Responsibilities include:
n Management and scheduling of installation crews
n Coordinating installation with project manager and project plan n Ensuring EH&S standards are met
2003 - 2006
Maintenance Operations Manager, Econolite Traffic Engineering & Maintenance 1998 – 2003
Chief Estimator, US Traffic Corporation
1994 – 1998
Utility Technician, PEEK Traffic/ Signal Maintenance, Inc.

Reference Projects
City of Irvine Signal Traffic Maintenance Services
Role: Service Account Manager
Project Details: Traffic signal maintenance for 338 intersections and 7 lighted crosswalks Michael Hutchens
Area Operations Manager
Completed: Active contract
City of Glendale Traffic Signal Maintenance Contract
Role: Service Account Manager
Project Details: Traffic signal maintenance for 238 intersections Completed: Active contract
City of Anaheim Traffic Signal Maintenance On-Call Services Role: Service Account Manager
Project Details: Traffic signal maintenance on-call services for 400 intersections Completed: Active contract
Certifications
· IMSA Work Zone Safety Certifed
· IMSA Level I, II, & III Traffic Signal Technician Certified

Siemens Industry, Inc., Intelligent Traffic Systems
Summary
Mr. O’Hearn has over 7 years in the roadway lighting industry, focusing on turnkey & energy efficiency projects on the national level. He has acted as a consultant for a joint venture between the U.S. Dept. of Energy & the National Renewable Energy Labs, as the industry expert in roadway lighting data collection . Since joining Siemens Mr. O’Hearn has been involved in numerous ener gy analysis projects and has added rich value and expertise to each opportunity he has been assigned.

Education
Post-Bachelors Program, Accounting; University of Massachusetts Dartmouth Bachelor of Science, International Business; Massachusetts Maritime Academy

Employment History
2014 – Present
Energy Engineer, Siemens Industry, Inc.

Responsibilities include:
• Utility analysis
• GIS data oversight
• Luminaire selection
• Energy calculations
• Utility bill adjustments
• Rebate calculations & applications
• Energy Assessments
• Investment Grade Audits
• Project Energy Management
• Guaranteed Energy Savings Analysis and Management
2014 – 2014
Program Manager, Lighting Solutions, ConserVision Energy 2012 – 2014
Sr. Project Manager, Phillips Lighting
2007 – 2012
Applications Engineer, Speclines

Reference Projects

City of Manchester Street Light Conversion
Role: Energy Engineer
Project Details: Street light conversion and maintenance contract for 9,000 lights

Richard O’Hearn Jr., CEM
Senior Energy Engineer
Siemens Industry, Inc., Intelligent Traffic Systems

Completed: Active contract

City of New Bedford Street Light Conversion
Role: Energy Engineer
Project Details: Street light conversion and maintenance contract for 10,000 lights Completed: Active contract
Cape Light Compact Street Light Retrofit
Role: Energy Engineer
Project Details: Streetlight retrofit for 8,100 lights for multiple cities Completed: Active Contract

Other Experience Relevant to this Project
AutoCAD, Lighting Design, Project Management, Facility Simulations

Certifications
Certified Energy Manager (CEM), Association of Energy Engineers; 3/2013 AGi32: Emphasis on Roadway Lighting & Design, Lighting Analysis; 3/2010

Professional Associations
Plymouth Energy Comm ittee (Plymouth, MA), Committee Member; 6/2013 - Current Rialto Streetlight Retrofit Page 26
Attachment C: Siemens Terms and Conditions
Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

SIEMENS PROJECTS BUSINESS STANDARD TERMS AND CONDITIONS

PREAMBLE
THESE STANDARD TERMS AND CONDITIONS, entered into by and between [________________], a [insert State/Province of incorporation of Buyer and entity type] ("Buyer") and [Siemens entity entering into the Agreement] , [insert State/Province of incorporation of Siemens entity and entity type] (“Siemens”), are effective as of the Effective Date hereof. These general terms and conditions incorporate the supplemental terms and conditions set forth in Attachment “A,” as though Attachment “A” was fully set forth herein.

ARTICLE 1

DEFINITIONS

1.1 Definitions.

As used in this Agreement, the following terms have the meanings set forth below:
“Agreement” has the meaning set forth in Article 19.
“Affiliate” means, as to a specified Person, any other Person that, directly or indirectly, controls or is controlled by or is under common control with the Person in question and, with respect to Siemens or Buyer, is not a competitor of, or in litigation or arbitration with, Siemens or Buyer, as the case may be.
“Applicable Laws” means all applicable laws, including Environmental Laws, treaties, ordinances, rules, regulations and interpretations of any Governmental Authority having jurisdiction over the design, engineering, fabrication, manufacturing, Delivery, assembly, erection, installation, and/or the performance of the Parties’ obligations under this Agreement. “Applicable Permits ” means the permits, clearances, licenses, authorizations, consents, filings, exemptions or approvals from or required by any Governmental Authority that are necessary for the performance of the Parties’ obligations under this Agreement. “Asbestos” shall mean and include chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered.
“Attachment ‘A’” means the business specific terms set forth in Attachment “A” to this Agreement. “Business Day” means every day other than a Saturday, Sunday or a day on which banks are permitted or required to remain closed in the [State/Province of [X]]. “Buyer” means the entity identified in the preamble and signing this Agreement for buyer, including its successors or permitted assigns.
“Buyer Caused Delay ” means any delay in Siemens’ or its Subcontractors’ performance of the Work which is caused by (i) Buyer’s or any Buyer Party’s failure to timely perform its obligations under this Agreement, or (ii) any other event or cause which is beyond the control or not the responsibility of Siemens or any of its Subcontractors, and is not otherwise a Force Majeure Event.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

“Buyer Documents” means all drawings, specifications and other information with respect to the Project and Work to be provided by Buyer in accordance with Buyer’s Documents Submission Schedule set forth in Attachment “A.”
“Buyer Documents Submission Schedule ” means the schedule specified in Attachment “A,” identifying the Buyer Documents and the dates by which Buyer shall submit such Buyer Documents to Siemens.
“Buyer Event of Default” has the meaning set forth in Section 14.2. “Buyer Party” or “Buyer Parties ” means Buyer, any Affiliate of Buyer, and any of their respective contractors, subcontractors, employees, laborers, materialmen, agents or representatives which is not a competitor of Siemens.
“Buyer Permits” has the meaning set forth in Section 5.5. “Contract Price ” means the cumulative price payable by Buyer with respect to all Work which Siemens shall perform or provide in connection with this Agreement, as the same is set forth in Section 4.1 of this Agreement.
“Convenience Termination Payment” has the meaning set forth in Section 14.3. “Default Termination Payment” has the meaning set forth in Section 14.2. “Delivery,” “to Deliver, ” “Delivering ,” or “Delivered ” means, for each component of any particular Equipment, or initial Spare Parts, being supplied by Siemens to Buyer pursuant to this Agreement, the arrival at the delivery point of such component or to such other location as is mutually agreed by Buyer and Siemens.
“Effective Date” means [_______________________] or the date this Agreement was executed if no specific date is set forth in this definition.
“Environmental Laws” means applicable national, [state/provincial], municipal, and local laws as well as all rules, regulations, codes, standards, permits, directives, or ordinances that impose liability or standards of conduct (including disclosure or notification requirements) concerning the protection of human health or the environment, including, without limitation, all laws affecting, controlling, limiting, regulating, pertaining, or relating to the manufacture, possession, presence, use, generation, storage, transportation, detection, monitoring, treatment, Release, disposal, abatement, cleanup, removal, remediation, or handling of Hazardous Materials. “Equipment” has the meaning as set forth in Attachment “A.” “Final Completion” has the meaning as set forth in Attachment “A” (if applicable). “Final Completion Date ” means the date on which Final Completion of Siemens’ scope of Work occurs.
“Force Majeure Event” has the meaning set forth in Section 11.2. “Governmental Authority ” means any federal, [state/provincial], local or other governmental, judicial, public or statutory instrumentality, tribunal, agency, authority, body or entity, or any political subdivision thereof, having legal jurisdiction over the matter or Person in question.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

“Hazardous Materials ” means any material, substance, or waste, that, by reason of its composition or characteristics, is hazardous to human health and/or the environment, including any “solid waste” or “hazardous waste,” as those terms are defined by the Resource Conservation and Recovery Act of 1976, as amended, any “hazardous substance,” as that term is defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and any other hazardous, toxic or radioactive chemical, waste, byproduct, pollutant, contaminant, compound, product, material or substance, including without limitation, Asbestos, Asbestos containing materials (“ACM”), polychlorinated biphenyls, petroleum (including crude oil or any fraction or byproduct thereof), hydrocarbons, radon, urea, urea formaldehyde, and any other material that is prohibited, controlled, limited or regulated in any manner under any Environmental Laws.
“Import Duties ” means any taxes, customs duties, fees, imposts and governmental charges of any kind that are payable upon or in relation to the importation of the components of the Equipment into the [United States/Canada]. Import Duties do not include any property, license, privilege, sales, use, excise, value added, gross receipts (including any business, occupation or similar taxes) and/or transactional taxes now or hereafter applicable to, measured by, or imposed upon or with respect to the transaction, the Equipment, or their sale, their value or their use, or any services (including any Services, as that term may be defined in Attachment “A” (if applicable)) performed in connection therewith imposed by any federal, state or local Governmental Authority in the [United States/Canada].
“Indemnitor” has the meaning set forth in Section 15.1. “Indemnittee” has the meaning set forth in Section 15.1. “Lien” means: (a) any mortgage, charge, lien, pledge, hypothecation, title retention arrangement or other security interest, as or in effect as security for the payment of a monetary obligation or the observance of any other obligation; (b) any easement, servitude, restrictive covenant, equity or interest in the nature of an encumbrance, garnishee order, writ of execution, right of set-off, lease, license to use or occupy, or assignment of income; or (c) any agreement to create any of the foregoing or allow any of the foregoing to exist.
“Maintenance Service ” shall mean the scheduled and unscheduled maintenance, replacement and repair of components of the Equipment in accordance with the Siemens manuals and revisions thereto, Siemens’ technical service bulletins and revisions thereto, and other technical documentation supplied by Siemens to Buyer.
“Notice to Proceed ” shall mean the written notice issued by Buyer to Siemens stating that Siemens may begin the Work.
“Outside Notice to Proceed Date” means [________________]. “Party” or “Parties” means, respectively, Buyer, Siemens or both, as the context requires. “Patent Cooperation Treaty ” means an international patent law treaty, concluded in 1970, that provides a unified procedure for filing patent applications to protect inventions in each of its more than one hundred and forty-five (145) contracting states. “Person” or “Persons ” means any individual, corporation, partnership, limited liability company, association, joint stock company, trust, unincorporated organization, joint venture, government or political subdivision or agency thereof.
“Project” has the meaning as set forth in Attachment “A” (if applicable).

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

“Project Site” means the particular site designated by Buyer on which the Project shall be located. “Project Infrastructure” has the meaning specified in Section 5.1. “Release” shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any Hazardous Materials into the environment, including the abandonment or discard of barrels, containers, and other closed receptacles containing any Hazardous Materials.
“Scope Change” includes where Siemens determines, after receipt of a request for a change, that the change request of Buyer is technically and commercially feasible and requires a change in the scope of Work, Contract Price or the Work Schedule, or (b) Buyer fails to perform its obligations under Article 5 or other provisions of this Agreement and such failure results in increased costs to Siemens or delays Siemens’ performance of the Work and/or ability to meet the milestones contained in the Work Schedule, including any guaranteed dates set forth therein, or (c) for any other event set forth in this Agreement for which Siemens has the right to a change in the scope of Work, Contract Price or the Work Schedule; in which case Siemens shall be entitled to a Scope Change Order.
“Scope Change Order” has the meaning set forth in Section 9.2. “Service and Maintenance Agreement” has the meaning set forth in Section 5.8. “Siemens” means the Siemens entity identified in the preamble and signing this Agreement, including its successors and permitted assigns.
“Siemens Event of Default” has the meaning set forth in Section 14.1. “Siemens Parties ” means Siemens, any Affiliate of Siemens, and any of their respective Subcontractors, employees, laborers, materialmen, agents or representatives, and “Siemens Party” means any of the foregoing.
“Siemens Permits” has the meaning set forth in Section 2.4. “Spare Parts” means the types and quantities of spare parts for repair of the Work that Buyer is purchasing pursuant to this Agreement.
"Subcontractor(s)" means any Person of any tier supplying material, equipment, labor, goods or services to Siemens in connection with the Work and obligations of Siemens under the Agreement.
“Termination for Cause” has the meaning set forth in Section 14.1. “Warranty” or “Warranties” has the meaning set forth in Section 10.1. “Warranty Period” has the meaning set forth in Section 10.4. “Work” means Siemens’ scope of work with respect to the Equipment, Major Components, Spare Parts and associated Services and other work supplied by or on account of Siemens and its Subcontractors pursuant to its obligations specified in this Agreement and as identified as Siemens’ responsibility in Attachment A.
“Work Schedule ” means that certain schedule governing Siemens’ provision of the Work and Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

Buyer’s performance of certain obligations, attached hereto as an exhibit to Attachment “A,” as modified and replaced mutually between the Parties.

ARTICLE 2

PERFORMANCE OF THE WORK

AND OBLIGATIONS OF SIEMENS

2.1 Work to be Performed by Siemens.

2.1.1 General .

Buyer hereby retains Siemens as an independent contractor, not an agent or employee of Buyer, to perform and provide, or cause to be performed and provided, and Siemens hereby agrees to perform and provide, or cause to be performed or provided, all of the Work specified as being within Siemens’ scope of Work, all in accordance with the terms and conditions of this Agreement.

2.1.2 Standard of Care ,
The Work shall be conducted in a manner consistent with the degree of care and skill ordinarily exercised by reputable firms performing the same or similar work in the same locale acting under similar circumstances or conditions.

2.1.3 Work Schedule .

Buyer shall issue a Notice to Proceed to Siemens on or prior to the Outside Notice to Proceed Date and Siemens shall conduct the Work in accordance with the Work Schedule set forth in this Agreement.

If at any time prior to issuance of Notice to Proceed, Purchaser notifies Siemens in writing that the timing of the Project has changed so that the Work Schedule is no longer accurate, Siemens and Purchaser shall negotiate in good faith to undertake a Scope Change Order, amending the Work Schedule and amending the corresponding Outside Notice to Proceed Date, based on the equitable adjustment necessary to overcome any delays and taking into account any prior committed orders that Siemens must fulfill. Any references herein to the Outside Notice to Proceed Date shall be deemed to be the Outside Notice to Proceed Date, as adjusted in accordance with the foregoing. If Purchaser has not issued the Notice to Proceed to Siemens by the Outside Notice to Proceed Date, Siemens shall have no obligation to maintain the Work Schedule or abide by any milestone dates set forth therein.

2.2 Scheduling and Monitoring of Milestones.

2.2.1 Generally .

Except to the extent that Siemens is entitled to a Scope Change Order or other relief provided for in this Agreement, Siemens shall perform its Work in accordance with the Work Schedule.

Further, Siemens shall provide periodic reports to Buyer concerning the status of Siemens’ activities, including information pertaining to the progress of the Work and any circumstances known at the time of reporting which could be anticipated to cause a material deviation from the Work Schedule.

2.2.2 Timing of Deliveries and Storage .
(a) Siemens may Deliver components of the Equipment up to thirty (30) days earlier than the dates specified therefor on the Work Schedule.
(b) If (i) Buyer requests, in writing, that any component of the Equipment be placed in storage and designates the storage location, or (ii) Buyer fails or is unable to accommodate Delivery of the Equipment at the Project Site, then Siemens shall, following the arrival of the components of such Equipment at the port of import into North America or the completion of the components if the manufacturing/assembly is performed within North America, transport the Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

applicable components of the Equipment to the storage location designated in writing by Buyer, if possible, or to a storage location selected by Siemens if either Buyer has not designated a storage location or transportation to the storage location designated in writing by Buyer is impracticable. Any such storage shall be in accordance with Siemens’ maintenance procedures.

The Delivery of any components of the Equipment placed into storage in accordance with this provision shall be deemed to have occurred upon arrival onboard carrier of such components of the Equipment into storage. Buyer shall be responsible for all additional costs incurred by Siemens in transporting such components of the Equipment to the storage location, as well as all additional expenses incurred by Siemens as a result of such storage, including, but not limited to, unloading, preparation for and placement into storage, handling, storage costs, inspection, preservation and standstill maintenance (if applicable), taxes, and insurance. Such costs plus [_____ percent (__%)] to cover Siemens’ administrative expenses shall be paid by Buyer within thirty (30) days after the date of Siemens’ invoice therefor. (c) Provided that Buyer has timely made each payment when due and provided Siemens at least thirty (30) days prior written notice of its request, Siemens shall arrange for removal of components of the Equipment from the storage location and shall transport such components to the Project Site. Buyer shall be responsible for all costs incurred by Siemens in removing such components of the Equipment from storage and the extra costs of transporting such components of the Equipment to the Project Site. Such costs plus [____ percent (__%)] to cover Siemens’ administrative expenses shall be paid by Buyer within thirty (30) days after the date of Siemens’ invoice therefor.
(d) The Work Schedule applicable to any Equipment being held in storage in accordance with Section 2.2.2(b) shall be subject to equitable adjustment in accordance with Article 9. The Work Schedule applicable to any Equipment not placed in storage shall be equitably extended to the extent reasonably required as a result of the storage of the other Equipment.

2.3 Siemens Documents.

Except as otherwise provided in this Agreement, within fifteen (15) days of receipt of any Siemens Document required to be submitted to Buyer for review under this Agreement, Buyer shall notify Siemens of any resulting comments or questions. If Buyer fails to respond within such period, then such drawing or document shall be deemed to have been reviewed and approved by Buyer as submitted. Siemens shall, within fifteen (15) days of Buyer’s notification of any comments or questions on any Siemens Document respond to Buyer’s comments or questions; provided that Siemens shall not be required to change the design of the Equipment pursuant to such Buyer comments or questions.

2.4 Permits.

Subject to Section 5.5, Siemens shall obtain and maintain the Applicable Permits required to be obtained by Siemens in its name to perform the Work under Applicable Laws (the “Siemens Permits”). If any Siemens Permit (or application therefor) requires action by Buyer, Buyer shall, upon the request of Siemens, take such action as is reasonably appropriate.

2.5 Siemens’ Labor.

Siemens shall be responsible for the conduct and deeds of its labor and its Subcontractor’s labor in the performance of the Work under this Agreement. However, Siemens shall not interfere with any members of any police, military or security force in the execution of their duties.

2.6 Safety, Emergencies.

2.6.1 Safety .

Siemens may suspend its performance of the Work at the Project Site, if, in the reasonable opinion of Siemens, based upon industry standards and Siemens’ applicable safety programs, Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

conditions at the Project Site for which Siemens is not responsible become unsafe for the continued performance of the Work and such conditions are not rectified by Buyer immediately.

Siemens shall resume its performance of the Work promptly after the unsafe conditions are rectified by Buyer. Siemens shall be entitled to a Scope Change Order to compensate Siemens for the increased cost of its performance and/or schedule delay resulting from such suspension of the Work.

2.6.2 Emergencies .

In the event of any emergency endangering persons or property relating to or as a result of the performance of the Work, Siemens and Buyer shall take such action as may be reasonable and necessary to prevent, avoid or reduce the likelihood of injury, damage or loss, and shall, as soon as possible, report any such incidents, including responses thereto, to the other Party

2.7 Hazardous Materials.

The Work does not include, either directly or indirectly, performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal, or treatment of Hazardous Materials.

Further, Siemens shall not, either itself or through any Siemens Party, bring any Hazardous Materials onto the Project Site or incorporate any Hazardous Material into the Work, other than those Hazardous Materials to be used by Siemens or any Siemens Party in a manner that complies with applicable Environmental Laws. To the extent that the negligent Release of any Hazardous Materials brought onto the Project Site by Siemens or any Siemens Party is caused by Siemens or any Siemens Party while on the Project Site, Siemens shall bear the responsibility and liability for such Release to the extent of its or the Siemens Parties’ negligence as set forth herein.

Siemens shall maintain an updated file of the material safety data sheets for all Hazardous Materials either used in connection with performance of Siemens’ Work or used by or on behalf of Siemens or any Siemens Party at the Project Site. Siemens shall deliver an update of such file(s) to Buyer as requested in writing by Buyer no more than thirty (30) days after such written request, or more frequently as the Parties may agree in writing.

In the event that Siemens encounters any Hazardous Materials or other hazardous conditions at the Project Site, Siemens shall immediately stop Work in the area affected and report the condition to Buyer.

Siemens shall not have any liability arising from pre-existing Hazardous Materials present or howsoever occurring at, on or under the Project Site, or Hazardous Materials that migrate onto or are introduced upon the Project Site by Buyer, any Buyer Party, any contractor of Buyer, or any third party, other than due to the willful misconduct of Siemens or a Siemens Party that directly results in the Release thereof.

In no event shall Siemens be required or construed to take title, ownership, or responsibility for such Hazardous Materials. Buyer shall be solely responsible for all such Hazardous Materials and shall comply with applicable Environmental Laws and the terms of Section 5.7 in connection therewith. To the extent that such Hazardous Materials impact Siemens’ schedule or cost to complete the Work, Siemens shall be entitled to a Scope Change Order for such impact.

2.8 Clean-up.

As soon as practicable after the achievement of the final milestone for the Project, Siemens shall remove all of its equipment and materials, not constituting deliverables hereunder or part of the Equipment or required for the service and maintenance of the Equipment, from the Project Site and shall, consistent with the provisions of Section 5.7 hereof, collect the waste material and rubbish resulting from the Work for disposal by Buyer.

2.9 Buyer’s Right to Inspect; Correction of Defects.

Siemens shall promptly correct any part of the Work that is found during any inspection by Buyer or Buyer’s authorized representatives not to be in conformance with the requirements of this Agreement, regardless of the stage of its completion or the time or place of the discovery of such nonconformance, in Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

accordance with, and subject to, the provisions of Article 10.

2.10 No Liens
Except for Buyer’s failure to make payments required under this Agreement, including for Scope Changes, to resolve other claims of Siemens within a reasonable time period after learning of such claims, or as permitted pursuant to Section 13.1, Siemens shall not directly or indirectly create, incur, assume or suffer to be created by any Siemens Party any claim, Lien, charge or encumbrance on the Project Site, any Equipment, or any part thereof. Siemens shall promptly pay or discharge, and discharge of record, any such claim, Lien or encumbrance for labor, materials, supplies or other charges which, if unpaid, might be or become a Lien upon the Project Site, any Equipment, or any component thereof. In the event a Subcontractor files a Lien against the Project Site, any Equipment, or any component thereof, Siemens shall, within thirty (30) days of the date of filing thereof, either (i) pay or discharge such claim and have such Lien removed, or (ii) obtain bonds in accordance with Applicable Laws from a reputable surety company sufficient to remove or discharge such claim or Lien. Siemens shall notify Buyer in writing of the assertion of any Lien or encumbrance against the Project Site, any Equipment or any part thereof promptly upon learning of such Lien or encumbrance. Upon the failure of Siemens promptly to pay, discharge, or bond over any Lien or encumbrance as required hereby within thirty (30) days of written notice of the existence thereof from Buyer, Buyer may, but shall not be obligated to, pay, discharge or obtain a bond, or security for such Lien or encumbrance and, upon such payment, discharge, or posting of security therefor, shall be entitled to promptly recover from Siemens the amount thereof together with the actual direct costs incurred by Buyer in connection with such payment or discharge, with such actual direct costs to be substantiated to the reasonable satisfaction of Siemens, or set off such amounts against any sums owed by Buyer pursuant to this Agreement to Siemens.

2.11 Compliance with Real Property Rights .

Siemens shall only be obligated to comply with the real property restrictions specifically identified in this Agreement. In the event that real property rights are identified after the Effective Date hereof and compliance with such real property rights is both technically feasible and commercially practicable, Siemens will comply with such real property rights and shall be entitled to an equitable adjustment in the Contract Price and Siemens’ Work Schedule in accordance with Article 9 in connection therewith.

ARTICLE 3

SUBCONTRACTORS
Buyer acknowledges that Siemens intends to have portions of the Work performed by Subcontractors qualified to perform such Work pursuant to written subcontracts between Siemens and such Subcontractors. No contractual relationship shall exist between Buyer and any Subcontractor with respect to the Work. Siemens shall not have any responsibility, duty or authority to direct, supervise or oversee any contractors of Buyer or their work or to provide the means, methods or sequence of their work or to stop their work. Siemens' Work and/or presence at a site shall not relieve Buyer’s subcontractors of their responsibility to Buyer or to others. Siemens shall not be liable for the failure of Buyer’s contractors or others to fulfill their responsibilities, and Buyer agrees to indemnify, hold harmless and defend Siemens against any claims arising out of such failures.

ARTICLE 4

CONTRACT PRICE AND PAYMENTS TO SIEMENS

4.1 Contract Price and Payment.

The total Contract Price is [______________________________________ Dollars ($____________________)] as set forth and defined more specifically in Attachment “A.” Purchaser shall pay the total Contract Price to Siemens in accordance with Attachment “A.” Each payment, except for the initial payment, shall be made by wire transfer, pursuant to wire transfer instructions to be provided by Siemens to Purchaser, within thirty (30) days from the date of the Siemens invoice therefor.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

The Contract Price is based upon Purchaser performing its obligations set forth in this Agreement.

The Contract Price, schedule, warranty and guarantee obligations are based upon the use of non-union labor at the Project Site, unrestricted working hours at, and free access seven (7) days a week, twenty- four (24) hours a day, to the Project Site, including free access to any components requiring assembly by Siemens as part of Siemens’ scope of Work.

4.2 Taxes.

The Contract Price does not include any Import Duties levied upon the Equipment or any federal, state, or local (other than net income taxes imposed on Siemens) property, license, privilege, sales, use, excise, value added, gross receipts (including any business, occupation or similar taxes) and/or transactional taxes now or hereafter applicable to, measured by, or imposed upon or with respect to the transaction, the Equipment or their sale, their value or their use, or any Services performed in connection therewith.

Purchaser agrees to pay or reimburse Siemens for any such Import Duties and any such license, privilege, sales, use, excise, value added, gross receipts (including any business, occupation or similar taxes) and/or transactional taxes, which Siemens or its Subcontractors are required to pay, including any property taxes incurred on inventory purchased by Siemens for the Project which are applicable as a result of any Project delay caused by Purchaser.

Should Purchaser be exempt from any sales and/or use taxes, it shall provide Siemens with valid exemption documentation upon the Effective Date of the Agreement for the state(s) in which the Delivery of the Equipment shall take place. Siemens shall not collect sales and/or use taxes from Purchaser if Siemens is provided such valid exemption documentation for its files.

To the extent that Siemens is required by Applicable Laws to pay or collect from Purchaser sales/use, value added or other similar transactional taxes, Siemens shall, at the time of their incurrence, invoice and collect the entire amount of such taxes due from Purchaser and remit such amount to the applicable taxing authority as required by Applicable Laws. At the written request of Purchaser and provided that a valid exemption certificate is provided to Siemens by Purchaser, Siemens shall claim any and all applicable tax exemptions, credits or deductions relating to the Work available to itself or Purchaser, including, but not limited to, any sale-for-resale exemption and any manufacturing machinery and/or equipment exemption.

At the written request and expense of Purchaser, Siemens agrees to take such action as may be reasonably required to allow the Work, including the Equipment and any other property included within the applicable Project, to qualify for applicable exemption from sales and/or use taxes. In the event that an assessment for any such property, license, privilege, sales, use, excise, value added, gross receipts (including any business, occupation or similar taxes) and/or transactional taxes is levied against Siemens for the Project, Siemens shall promptly notify Purchaser and furnish to Purchaser a copy of such assessment notification. If Purchaser determines that the assessment should be contested and so notifies Siemens in writing and coordinates such contest with the Siemens Tax Department, Purchaser may, at Purchaser’s sole cost and expense, file such documents as are necessary to contest such assessment. Purchaser shall coordinate with the Siemens Tax Department, any such contest or other action regarding any such assessment, and Purchaser shall pay any penalties or interest in respect thereof. Siemens shall cooperate with and assist Purchaser, at Purchaser’s expense, in any such contest or other tax assessment proceeding.

Purchaser shall remain liable for any such taxes that actually become due and shall indemnify and reimburse Siemens for any costs or expenses incurred by Siemens relating thereto, including the amount of such taxes, and any interest and penalties; provided that Purchaser’s indemnification and reimbursement obligations shall not cover amounts accrued or incurred by or levied upon Siemens due to Siemens’ failure to timely submit exemption certificates properly provided by Purchaser to the proper Governmental Authority. Purchaser shall not withhold any tax assessment reimbursements from Siemens while Purchaser is contesting or otherwise challenging any such tax assessments.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

4.3 Disputed Invoices.

If there is any dispute about any amount invoiced by Siemens, the amount not in dispute shall be promptly paid and any disputed amount that is ultimately determined to have been payable shall be paid with interest calculated at a [______%] annual rate. The date of the original invoice on which there was a disputed amount, shall determine the date upon which the disputed amount first became due and payable, irrespective of whether any subsequent invoice is issued or reissued in connection with the resolution and payment of the disputed amount.

4.4 Payment Dates.

Notwithstanding any provision to the contrary in this Article 4, in the event that a payment to be made under this Agreement falls due on any day that is not a Business Day, the payment shall be deemed due on the first (1st) Business Day thereafter.

ARTICLE 5
BUYER’S RESPONSIBILITIES
Siemens’ performance is contingent upon Buyer timely fulfilling all of its obligations under this Agreement.

These obligations include the Buyer supplying all documents and approvals needed for Siemens to perform, including, but not limited to, technical information and data, drawing and document approvals, and necessary commercial documentation. Siemens may request a Scope Change Order for an equitable adjustment in prices and times for performance, as well as for any additional costs or any delay resulting from the failure of Buyer or Buyer’s contractors, successors or assigns to meet these obligations.

At no cost to Siemens, Buyer shall provide the following:

5.1 Project Site.

Buyer shall construct and maintain, subject to Siemens’ approval, as applicable: the Project Site, roads and other necessary civil infrastructure, crane hardstandings and equipment lay-down and staging areas, including necessary repair, watering (dust control), dewatering, and snow and ice removal during the performance of the Work (the “Project Infrastructure”). Prior to the commencement of the Work at the Project Site and at any time during the performance of such Work, including during the Warranty Period, Siemens may inspect the Project Site to determine if the Project Site has been constructed in accordance with this Agreement, as it may have been modified by the final approved Project Infrastructure. If Siemens reasonably determines that Project Infrastructure deviates from the final approved Project Infrastructure, Siemens may require Buyer to correct such deviations prior to the commencement of the Work at the Project Site or otherwise suspend the Work at the Project Site until such deviations are corrected by Buyer. All delays in the performance of the Work and costs incurred by Siemens as a result of such suspension shall entitle Siemens to an equitable Scope Change Order in accordance with Section

9.2. 5.2 Security for Equipment at the Project Site.

Buyer shall provide, at its cost, security for all components of the Work, materials, supplies and other equipment required to assemble, erect, install and Commission the Work and any other property owned or leased by Buyer, Siemens or any of its Subcontractors located at the Project Site.

5.3 Storage of Spare Parts.

If purchased pursuant to this Agreement, Buyer shall, until the expiration of the Warranty Period: (i) store the Spare Parts purchased by Buyer and supplied by Siemens under this Agreement in a suitable location at the Project Site at no cost or expense to Siemens, (ii) provide Siemens with reasonable access to such Spare Parts, and (iii) take all commercially reasonable steps to ensure that such Spare Parts are secure, undamaged and available to Siemens when needed.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

5.4 Effect of Buyer Delay or Non-performance.

Buyer shall perform those obligations required of Buyer as set forth in this Agreement. Any delay by Buyer in completing its obligations this Agreement shall be a Buyer Caused Delay, which shall entitle Siemens to a Scope Change Order pursuant to Article 9. When offloading of the Equipment from Delivery conveyances is in Buyer’s scope, if Buyer fails to offload any of the Equipment from the Delivery conveyances within the time provided for in this Agreement, then Buyer shall reimburse Siemens for the applicable demurrage charges resulting therefrom and Siemens shall not be held responsible for any delays in Deliveries, including liquidated damages for late Delivery, resulting from Buyer’s failure to timely offload Equipment, including components thereof, and other items supplied by Siemens. Any late payment by Buyer shall accrue interest at [____ (%)] annual rate. Siemens may suspend or terminate this Agreement for Buyer convenience if Buyer fails to pay within thirty (30) days of its receipt of Siemens’ invoice.

5.5 Permits, Licenses and Approvals.

Buyer shall obtain and maintain the Applicable Permits, licenses and approvals required to be obtained for the zoning and construction of the Project, including, but not limited to, all building permits, all Project Site permits required for the erection, installation, Commissioning, use and Mechanical Completion of the Work, all permits, licenses and approvals necessary to move the construction equipment (including cranes, if applicable) and Delivery conveyances within the Project Site, and all permits, licenses and approvals otherwise necessary for the ownership, operation and maintenance of the Work and the Project (the “Buyer Permits”). Buyer shall promptly provide Siemens with copies of all Buyer Permits whose contents or requirements might impact the performance of the Work. Buyer shall assist Siemens in obtaining required visas, work permits and custom clearance for its or its Subcontractor’s personnel and their equipment.

5.6 Project Work Schedule.

For Siemens’ information, Buyer shall provide Siemens with a written schedule showing all of the work being performed by or on behalf of Buyer for the Project and shall further provide Siemens with progress reports, in accordance with the agreed reporting schedule of actual progress of the work at the Project Site, showing in detail the progress to date and the then-current scheduling of all major elements of the work to be performed by or on behalf of Buyer for the Project, setting forth the dates by which work not being performed by Siemens, but nonetheless impacting Siemens’ Work, are expected to be completed.

5.7 Hazardous Materials.

Prior to any Work being conducted at the Project Site, Buyer shall: (a) identify to Siemens the presence, location and quantity of ACM at the Project Site; and (b) either certify that the work area associated with Siemens’ scope of Work is free of ACM or take such action as may be required under Environmental Laws to abate the ACM and, thereafter, certify that the work area associated with Siemens’ scope of Work is free of ACM. Siemens makes no representation that it is licensed to abate ACM and shall not be obligated to install, disturb, handle, or remove any ACM.

Further, Buyer represents and warrants that, prior to the execution of this Agreement, Buyer has notified Siemens in writing of any and all Hazardous Materials known to be present on the Project Site and has:
(a) expressly identified the nature and location of such Hazardous Materials to Siemens, including the provision of a map identifying the same; and (b) provided a copy of any Project Site policies related to such pre-existing Hazardous Materials, including, without limitation, material safety data sheets, chemical hygiene plans, laboratory procedures, or other items covered or required to be disclosed or maintained pursuant to applicable Environmental Laws.

Buyer shall also be responsible for the handling, storage, and disposal of all regulated Hazardous Materials at its expense. Buyer shall furnish Siemens with appropriate containers for regulated Hazardous Materials and shall designate a waste storage facility at the Project Site where such containers are to be Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

placed by Siemens for removal and disposal by Buyer. Buyer shall handle, store, and dispose of regulated Hazardous Materials in accordance with all Environmental Laws.

In the event that any Hazardous Materials, including ACM, are encountered at the Project Site which are not the responsibility of Siemens under Section 2.9, Siemens shall immediately stop all Work in the affected area and Buyer shall promptly, in accordance with all applicable Environmental Laws and at its sole cost and expense, remove or render harmless, or take other actions as may be necessary to remediate the hazards associated with any such Hazardous Material, including, without limitation, signing and listing Buyer (or the appropriate Buyer Party) as the generator of the Hazardous Materials on any waste manifest that may be required by Environmental Laws. Siemens’ Work in the affected area shall not be resumed until Buyer has complied with the foregoing obligations. Further, if the existence and remedying of such Hazardous Materials results in an increase in Siemens’ costs and/or impacts Siemens’ ability to meet its obligations, guarantees, or the Work Schedule under the Agreement, Siemens shall be entitled to a Scope Change Order in accordance with the applicable provisions of Article 9, increasing the Contract Price and providing an equitable extension of the Work Schedule and other provisions of the Agreement affected thereby or otherwise affected by Buyer’s non-compliance, commensurate with the time reasonably required to overcome such delay and added cost, including without limitation, overtime charges for labor and equipment.

5.8 Service and Maintenance Agreement.

Buyer and Siemens shall execute a Service and Maintenance Agreement for the Work under which Siemens shall provide the Maintenance Service for the Work (“Service and Maintenance Agreement”).

The term of such Service and Maintenance Agreement shall be at least until the expiration of the Warranty Period under this Agreement. During the Warranty Period, if Buyer and/or operator under the Service and Maintenance Agreement terminates such Service and Maintenance Agreement, other than as permitted for a Siemens breach or event of default (as set forth in such Service and Maintenance Agreement), Siemens’ remaining Warranty obligations and any performance guarantees (if any) for the Work under this Agreement shall automatically terminate. If Siemens is permitted and does terminate such Service and Maintenance Agreement due to a breach or event of default under the Service and Maintenance Agreement by Buyer or the operator under the Service and Maintenance Agreement, then Siemens’ remaining Warranty obligations and performance guarantees (if any) for the Work under this Agreement shall also automatically terminate. Unless otherwise agreed, Buyer shall provide operators of the facility and the Work for all testing, start-up and Commissioning activities.

5.9 Transportation Infrastructure and Access.

Buyer is responsible for having all necessary structural modifications, upgrades and/or repairs to public roads and other transportation infrastructure that may be required to permit the transport of the Equipment to the Project Site made and any other deviations from Siemens’ requirements corrected prior to the commencement of, and during, the Delivery of the components of the Work to the Project Site. In addition, Buyer shall provide Siemens with all required legal and physical access to the Project Site, including obtaining and maintaining all private rights-of-way and private access rights, including the removal, lowering or raising of power lines and the safe passage over buried wires, cables and pipes.

5.10 Buyer Documents .

Buyer shall submit to Siemens those Buyer Documents set forth in and in accordance with Buyers Documents Submission Schedule set forth as an exhibit to Attachment “A.”

5.11 Permanent Facilities .

When Buyer is required pursuant to Attachment “A” to provide a permanent facility, Buyer shall have the permanent Project Site facilities available at least thirty (30) days prior to the date required by the Work Schedule. These permanent facilities shall be substantially similar to the facilities diagrams set forth in this Agreement or an exhibit hereto. The permanent Project Site facilities shall also include the Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

telecommunication requirements and services as specified in the Services and Maintenance Agreement, or if no Services and Maintenance Agreement, in Attachment “A.”

5.12 Temporary Facilities .

Buyer shall provide and maintain site electricity, water, sanitary facilities and a construction office, with data connections, phone connections and appropriate clean room.

5.13 Payments
Buyer shall pay all undisputed invoices within thirty (30) days of receipt of invoice from Siemens.

5.14 Single Point of Contact and Notification
Buyer shall designate a contact person with authority to act for the Buyer and respond in emergency situations. Buyer shall notify Siemens as soon as practicable, but in no event more that twenty-four (24) hours, after any change in Project Site conditions, approvals, permits or licenses which affect the Work. If such person cannot be reached, any request for Work received from an employee or agent of Buyer will be deemed authorized by Buyer.

5.15 Export Import Compliance .

Buyer acknowledges that Siemens is required to comply with applicable export / import laws and regulations relating to the sale, export, import, transfer, assignment, disposal and use of the Equipment, including any export / import license requirements. Buyer agrees that Equipment will not at any time directly or indirectly be used, exported, imported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-compliance with any export / import laws and regulations. Siemens’ continuing performance hereunder is conditioned on compliance with such export / import laws and regulations at all times.

ARTICLE 6
[See Attachment “A” if applicable]
ARTICLE 7
[See Attachment “A” if applicable]
ARTICLE 8

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, SIEMENS IS NOT

LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: LOSS OF USE,

REVENUE, SAVINGS, PROFIT, INTEREST, GOODWILL OR OPPORTUNITY, COSTS OF CAPITAL,

COSTS OF REPLACEMENT OR SUBSTITUTE USE OR PERFORMANCE, LOSS OF INFORMATION

AND DATA, LOSS OF POWER, VOLTAGE IRREGULARITIES OR FREQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER’S THIRD PARTY CONTRACTS, OR FOR ANY TYPE OF INDIRECT,

SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE.

SIEMENS’ MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY SIEMENS FOR THE EQUIPMENT THAT GAVE RISE TO THE CLAIM.

BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS ARTICLE 8 WILL PREVAIL

OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE GIVEN

FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ARE

EFFECTIVE EVEN IF SIEMENS HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY OF SUCH Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS ARTICLE 8 EXTEND TO SIEMENS’ AFFILIATES (AND THEIR EMPLOYEES), PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS,

EMPLOYEES, SUPPLIERS OF ANY TIER (AND THEIR EMPLOYEES) , AGENTS, AND SUCCESSORS AND ASSIGNS.

ARTICLE 9

CHANGES TO THE WORK

9.1. Siemens shall deliver and/or perform the Work in accordance with the Applicable Laws in effect on the Effective Date.

9.2. No change will be made to the scope of Work unless Buyer and Siemens agree in writing to the change and any resulting price, schedule or other contractual modifications associated therewith (“Scope Change Order”). If any change to any law, rule, regulation, order, code, standard or requirement impacts Siemens’ obligations or performance under this Agreement, Siemens may request a Scope Change Order for an equitable adjustment in the price and time of performance.

ARTICLE 10

WARRANTY

10.1. Warranties .

Siemens warrants that: (i) the Equipment is free from defects in material and workmanship; (ii) the Equipment is in compliance with Siemens' specifications that are attached to, or expressly incorporated into this Agreement; and (iii) at the time of delivery, Siemens has title to the Equipment free and clear of liens and encumbrances (collectively, the “Warranties"). The Warranties do not apply to software furnished by Siemens. The sole and exclusive warranties for any software are set forth in the Software License/Warranty Addendum, if applicable.

10.2. Conditions to the Warranties .

The Warranties are conditioned on: (i) no repairs, modifications or alterations being made to the Equipment other than by Siemens or its authorized representatives; (ii) Buyer handling, using, storing, installing, operating and maintaining the Equipment in compliance with any parameters or instructions in any specifications attached to, or incorporated into this Agreement; (iii) compliance with all generally accepted industry standards; (iv) Buyer discontinuing use of the Equipment after it has, or should have had, knowledge of any defect; (v) Buyer providing prompt written notice of any warranty claims within the Warranty Period described below; (vi) at Siemens' discretion, Buyer either removing and shipping the Equipment or non-conforming part thereof to Siemens, at Buyer's expense, or granting Siemens reasonable access to the Equipment to assess the warranty claims; (vii) Equipment not having been subjected to accident (including force majeure), alteration, abuse or misuse; (viii) Buyer not being in default of any payment obligation and (viii) Buyer allowing Siemens the opportunity to review the operating and maintenance records relating to the Equipment and the facility its incorporated into, if applicable.

10.3. Exclusions from Warranty Coverage .

The Warranties do not apply to any equipment not provided by Siemens under this Agreement.

Any Equipment that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Equipment (such as fuses, light bulbs and lamps). Siemens does not warrant or guarantee that any Equipment will be secure from cyber threats, hacking or similar malicious activity. Equipment that is networked, connected to the Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.

10.4. Warranty Period .

Buyer must provide written notice of any claims for breach of Warranties by the earlier of twelve (12) months from initial operation of the Equipment or eighteen (18) months from shipment (“Warranty Period”). Additionally, absent written notice within the Warranty Period, any use or possession of the Equipment after expiration of the Warranty Period is conclusive evidence that the Warranties have been satisfied.

10.5 Remedies .

Buyer's sole and exclusive remedies for breach of the Warranties are limited, at Siemens' discretion, to repair or replacement of the Equipment, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price applicable to the non-conforming part. The warranty on repaired or replaced parts is limited to the remainder of the original Warranty Period. Unless Siemens agrees otherwise in writing, Buyer will be responsible for any costs associated with: (i) gaining access to the Equipment; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Siemens to perform its warranty obligations; (iii) transportation to and from the Siemens factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Buyer with Section 10.2 hereof or from their deteriorated condition. All exchanged Equipment replaced under this Warranty will become the property of Siemens.

10.6 Transferability .

The Warranties are only transferable during the Warranty Period and only to the Equipment’s initial end- user.

10.7 THE WARRANTIES IN THIS ARTICLE 10 ARE SIEMENS' SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN ARTICLE 8 ABOVE. SIEMENS

MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.

ARTICLE 11
DELAYS; EXCUSED PERFORMANCE

11.1 Change in Law and Buyer Caused Delay.

As the Work is performed, conditions may change or circumstances outside Siemens' reasonable control (including changes of Applicable Law) may develop which would require Siemens to expend additional costs, effort or time to complete the Work, in which case Siemens will notify Buyer and an equitable adjustment will be made to Siemens' Contract Price and Work Schedule pursuant to Article 9. In the event conditions or circumstances require the Work to be suspended or terminated, Siemens shall be compensated for Work performed and for costs reasonably incurred in connection with the suspension or termination.

11.2 Force Majeure .

If Siemens’ performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government (“Force Majeure Event”), Siemens’ time of performance will be extended by a period equal to the length of the delay plus any consequences Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

of the delay and Siemens will get its reasonable costs for such extension of time pursuant to Article 9.

Siemens will notify Buyer within a reasonable time after becoming aware of any such delay.

ARTICLE 12

INSURANCE

12.1 Siemens’ Insurance Coverage.
(a) Siemens shall maintain in full force and effect the following insurance coverage and limits specified below commencing [ten (10) days after Buyer’s issuance of a Notice to Proceed] and continuing until the Final Completion Date. Siemens shall provide Buyer applicable insurance certificates of such coverage prior to the shipment of any Equipment to the Project Site or the commencement of any Work at the Project Site. The required limits of insurance may be satisfied with any combination of primary and excess coverage.
(b) Siemens or Siemens’ insurance carrier shall endeavor to provide Buyer with thirty (30) Days’ prior Notice of cancellation, termination or material alteration of any insurance coverage set forth in this Article 12. In addition, Siemens’ insurance shall be maintained with insurance companies having an A.M. Best rating of “A-“ or better and a financial size category of “VII” or higher (or a comparable rating by any other rating entity reasonably acceptable to Buyer and evidenced by Buyer’s written confirmation, which acceptance shall not be unreasonably withheld). Siemens shall provide Buyer applicable insurance certificates of such coverage prior to Siemens’ or its Subcontractor’s commencement of any Work at the Project Site.
(c) Siemens has the responsibility and obligation to procure and maintain the following insurance policies:
(i) Workers’ Compensation Insurance in accordance with Applicable Laws and regulations applicable to the jurisdiction in which the Work is performed; (ii) Employer’s Liability Insurance with a limit of One Million Dollars ($1,000,000) per accident, per employee for occupational disease, and in the aggregate for occupational disease;
(iii) Commercial General Liability Insurance with coverage written for bodily injury and broad form property damage on an “occurrence” basis with a limit of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. This policy shall include blanket contractual coverage, railroad protective liability coverage, and coverage for premises, operations, explosion, collapse and underground (XCU) hazards, and products/completed operations.

Siemens shall name Buyer as an additional insured to the extent bodily injury (including death) or third party property damage results from the negligent acts or omissions of Siemens or Siemens’ Subcontractors and require that this policy contain a “separation of insureds” clause.

12.2 Subcontractor’s Insurance Coverage.

Siemens shall require its Subcontractors performing Work at the Project Site to maintain the types, coverage and limits of insurance which are reasonable in accordance with prudent industry practice and commensurate with the Work to be performed by such Subcontractor.

12.3 Buyer’s Insurance Coverage .

Buyer shall maintain in full force and effect the insurance coverage and limits specified below from the date of Siemens’ or its Subcontractor’s commencement of Work at the Project Site and continuing until the end of the Warranty Period. Buyer or Buyer’s insurance carrier shall endeavor to provide Siemens with thirty (30) Days’ prior Notice of cancellation, termination or material alteration of any insurance coverage set forth in this Article 12. In addition, Buyer’s Insurance shall be maintained with insurance Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

companies having an A.M. Best rating of “A- “ or better and a financial size category of “VII” or higher (or a comparable rating by any other rating entity reasonably acceptable to Siemens and evidenced by Siemens’ written confirmation, which acceptance shall not be unreasonably withheld). Buyer shall provide Siemens applicable insurance certificates of such coverage prior to Siemens’ or its Subcontractor’s commencement of any Work at the Project Site. The required limits of insurance may be satisfied with any combination of primary and excess coverage. (a) Workers’ Compensation Insurance in accordance with Applicable Laws and regulations applicable to the jurisdiction in which the Work is performed. (b) Employer’s Liability Insurance with a limit of One Million Dollars ($1,000,000) per accident, per employee for occupational disease, and in the aggregate for occupational disease;
(c) Commercial General Liability Insurance with a limit of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate. This policy shall include blanket contractual coverage, railroad protective liability coverage, and coverage for premises, operations, explosion, collapse and underground (XCU) hazards, and products/completed operations. Buyer shall name Siemens and its Affiliates as additional insureds to the extent bodily injury (including death) or third party property damage results from the negligent acts or omissions of Buyer or Buyer’s subcontractors. This policy shall contain a “separation of insureds” clause. (d) Builders’ Risk Insurance coverage protecting all property and Equipment intended to be incorporated into the Work, in the course of construction and commissioning defined in the Work, on an “all-risk,” replacement cost basis, with appropriate coverage sub-limits which are customary or otherwise required by the insurers, upon commencement of Work at the Project Site and continuing coverage and limits until the Final Completion Date.

Buyer shall name Siemens, its Affiliates and Subcontractors as additional insureds. The Builders’ Risk Insurance policy will include:
(i) property coverage for the Work at the Project Site, which insurance shall be written on a LEG 2/96 basis or better and include coverage for removal of debris and shall insure the buildings, structures, boiler and machinery, equipment, facilities, fixtures, rolling stock, electronic equipment and media and other properties constituting a part of the Work (whether above or below the surface of the ground) in an amount equal to the total constructed value; and
(ii) off-Project Site (local staging area) coverage for such property to insure values at risk, with appropriate sub-limits which are customary or otherwise required by the insurers; and
The Builder’s Risk Insurance policy shall also provide that it is primary without right of contribution from any other insurance that might otherwise be available to an insured Party prior to the Final Completion Date.
(e) Operating property insurance coverage protecting all property of Buyer at the Project Site (including Equipment supplied as part of the Work), on a primary, all-risk, replacement cost basis, commencing at the Final Completion Date. The operating property insurance policy shall be written on a LEG 2/96 basis or better and include coverage for removal of debris and shall insure the buildings, structures, boiler and machinery, equipment, facilities, fixtures, rolling stock, electronic equipment and media and other property of Buyer at the Project Site (whether above or below the surface of the ground) in an amount equal to the total constructed value. Buyer shall name Siemens, its Affiliates and Subcontractors as additional insureds.

12.4 Waiver of Rights . In regard to insurance maintained by either Party, including any property insurance, each such Party hereby waives, for itself and its insurers, all rights of recovery and Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

subrogation which may arise against the other Party and its Affiliates as a result of a payment made by an insurer.
12 .5 Cooperation Between the Parties .
(a) Each Party agrees to provide the other Party reasonable cooperation and assistance in the procurement of any property insurance required by the Agreement or otherwise to be procured in connection with the Work.
(b) Siemens agrees to provide such reasonable assistance and documentation as Buyer may request in connection with claims Buyer may make under its property insurance policies purchased in connection with the facility for damage or events that occur after the Effective Date and prior to the expiration of the Warranty Period. Such assistance will be provided under the responsibility, and at the cost, of Buyer.
(c) Notwithstanding Article 12.5(a) and Article 12.5(b), neither Party shall be required to provide confidential or proprietary information to a third party. If the disclosing Party agrees to provide such information, the third party shall first be required to execute a confidentiality agreement with the disclosing Party in a form reasonably acceptable to the disclosing Party.

ARTICLE 13

TITLE AND RISK OF LOSS

13.1 Title to Equipment .

Siemens warrants that (i) legal title to and ownership of the Equipment (excluding, however, the Intellectual Property Rights) shall upon Delivery be free and clear of any and all Liens, claims, security interests or other encumbrances; and (ii) such Intellectual Property Rights shall be free and clear of any and all Liens, claims, security interests or other encumbrances that would in any way interfere with Purchaser's use thereof that is permitted by this Agreement. Except as set forth in the next sentence, title to each component or Spare Part of the Equipment shall pass to Purchaser on Delivery of such component or of such Spare Part and title to all Services performed by Siemens at the Project Site shall pass to Purchaser upon performance thereof by Siemens, subject only to any Lien of Siemens that may arise under Applicable Laws that is not otherwise prohibited hereunder. Notwithstanding the foregoing or any other provision of this Agreement, the Intellectual Property Rights are not sold to Purchaser and title thereto shall not be transferred to Purchaser; rather, Siemens shall retain sole and exclusive title to the Intellectual Property Rights, and grants to Purchaser a license to use the Intellectual Property Rights in accordance with the terms and conditions set forth in Section 13.2 and Article 18 of this Agreement.

13.2 Title to Copies of Drawings .

Title to copies of drawings which are required to be provided to Purchaser hereunder which are owned by Siemens shall be automatically transferred to Purchaser when such copies of the drawings are provided to the Purchaser by Siemens. However, title to the underlying Intellectual Property Rights contained in such drawings shall not be transferred to Purchaser; rather, title to such Intellectual Property Rights shall be retained solely by Siemens or its licensor, and Siemens hereby grants Purchaser, subject to the terms and conditions of this Agreement and timely payment of all undisputed amounts due hereunder, an irrevocable, royalty-free, non-exclusive license, subject to Purchaser’s ongoing compliance with this Section 13.2 and the confidentiality provisions of this Agreement, which authorizes Purchaser to use and reproduce such drawings for the purpose of completing assembly, erection, Mechanical Completion and installation of the Equipment, or constructing, operating, maintaining and repairing the Equipment supplied under this Agreement; provided that (i) such drawings shall not be used to manufacture similar equipment (ii) any third parties who are permitted to access such drawings shall obtain such access solely for the authorized purposes in connection with the Project, and shall first agree to abide by the license and confidentiality restrictions set forth in this Section 13.2 and in Article 18. Any permitted purchaser or assignee shall acquire such license subject to the same terms and restrictions as stated in Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

this Section 13.2. Purchaser may retain the necessary number of copies of all such documents solely for purposes of construction, operation, maintenance and repair of the Units. Any costs to register such licenses in the [United States/Canada] shall be paid by Purchaser. Purchaser and its permitted assignees shall not use the Intellectual Property Rights referred to in this Section 13.2 for any purpose other than as expressly authorized herein.

13.3 Risk of Loss .

Irrespective of the passage of title as provided in Section 13.1, and except for loss or damage due to uninsurable events for which Purchaser shall be responsible, Siemens shall bear the risk of loss and damage with respect to the Equipment, components of the Equipment, Spare Parts and all other materials, equipment and components to be supplied by Siemens, or that are within the care, custody and control of Siemens, wherever located, that have been or will be incorporated into the Work or Services, until Delivery of such Equipment, Spare Parts, other materials, equipment and components supplied by Siemens, Work or Services. Upon Delivery, risk of loss and damage pursuant to this Section 13.3 shall transfer to Buyer and Buyer shall assume full and exclusive custody and control of such components of the Unit and Spare Parts, other materials, equipment and components supplied by Siemens, and of all Work and Services; provided that Purchaser’s assumption of risk of loss and damage shall not obviate Siemens’ obligations to correct any Warranty non-conformances in accordance with Article 10.

ARTICLE 14

DEFAULT, TERMINATION AND SUSPENSION

14.1 Siemens Defaults .

The occurrence of any one or more of the following events shall constitute an event of default by Siemens hereunder (each, a “Siemens Event of Default”):
(a) Siemens makes a general assignment for the benefit of its creditors, is generally unable to pay its debts as they become due, or becomes the subject of any voluntary or involuntary bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding under any Applicable Laws and, in the case of any such involuntary proceeding, instituted against Siemens but not by Siemens, that is not dismissed or stayed within forty-five (45) days after it is commenced; (b) Siemens fails to make prompt payments required to be made by Siemens to Buyer under this Agreement, which failure continues for thirty (30) days after receipt of written notice of such non- payment from Buyer;
(c) Siemens has made a material misrepresentation under the Agreement that is likely to have a material adverse effect on its ability to perform its obligations hereunder and such representation is not made true within thirty (30) days after receipt of written notice thereof from Buyer; or (d) Siemens is otherwise in material default of any provision of this Agreement or has materially failed to perform its obligations under this Agreement; provided that if such material default of this Agreement or material failure to perform this Agreement can be cured within a commercially reasonable timeframe, Siemens shall be permitted such period of time within which to accomplish such cure, so long as Siemens commences such cure efforts within thirty (30) days after written notice from Buyer and thereafter diligently proceeds to complete such cure within such time period.

Upon the occurrence and during the continuation of any Siemens Event of Default hereunder, Buyer, in addition to its right to pursue any other remedy given under the Agreement, shall have the right to terminate this Agreement upon not less than five (5) days prior written notice to Siemens (a “Termination for Cause”); A Termination for Cause shall be effective upon the sixth day following delivery of Buyer’s notice with respect thereto. Subject to the provisions of Section 14.5.2, in the event of a termination by Buyer under this Section 14.1, Buyer may employ any other Person, other than employees of Siemens or Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

its Affiliates, to complete the Work by whatever reasonable method that Buyer may deem necessary.

Buyer shall, within a reasonable period of time after the Work is finally completed by the work of one or more replacement suppliers and contractors, determine the total cost (including such other contractors’ fees) to Buyer for completing the Work, including all sums previously paid or then owed to Siemens pursuant to the Agreement. In contracting with such replacement suppliers and contractors, Buyer shall, to the extent practicable, cause the Work to be completed in accordance with this Agreement and shall employ reasonable efforts to mitigate the costs incurred in connection with completion of the Work. If the sum of the Contract Price and the maximum liquidated damages assessed are less than the sum of (i) the direct costs incurred by Buyer to complete the Work, (ii) all other direct damages suffered by Buyer as a result of the Siemens Event of Default, and (iii) all amounts previously paid to Siemens pursuant to this Agreement, Siemens shall, subject to and not to exceed the limitations upon Siemens’ liability set forth in Article 8, pay to Buyer within thirty (30) days following receipt of an original invoice therefor the amount of such difference. Any amount owed by Buyer to Siemens for the level of completion of the Work achieved by Siemens prior to Buyer’s termination under this Section 14.1 shall be retained by Buyer until after completion of the Work and applied by Buyer to pay any amounts and damages owed by Siemens pursuant to this Section 14.1. Any excess shall be remitted to Siemens within thirty (30) days after the Work is finally completed. If the Agreement is terminated by Buyer pursuant to this Section 14.1, then Siemens’ remaining warranty and performance guarantee obligations shall also automatically terminate.

For the avoidance of doubt, Buyer understands and agrees that if Buyer terminates this Agreement pursuant to this Section 14.1, the foregoing is Buyer’s exclusive remedy for such termination.

If termination occurs under this Section 14.1 prior to Delivery of the Work, then within thirty (30) days from the effective date of such termination, Buyer shall either (a) return to Siemens any of Siemens’ confidential information which had been in Buyer’s possession (excluding this Agreement) or (b) certify in writing to Siemens that all of Siemens’ confidential information which had been in Buyer’s possession has been destroyed.

14.2 Buyer Default .

The occurrence of any one or more of the following events shall constitute an event of default by Buyer hereunder (each, a “Buyer Event of Default”):
(a) Buyer’s failure to pay to Siemens any required payment, which failure continues for ten (10) days after receipt of written notice of the failure to make the payment has been received by Buyer from Siemens;
(b) Buyer makes a general assignment for the benefit of its creditors, is generally unable to pay its debts as they become due, or becomes the subject of any voluntary or involuntary bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding under any Applicable Laws and, in the case of any such involuntary proceeding, instituted against Buyer but not by Buyer, that is not dismissed or stayed within forty-five (45) days after it is commenced; (c) Buyer has made a material misrepresentation under the Agreement that is likely to have a material adverse effect on its ability to perform its obligations hereunder and such representation is not made true within fifteen (15) Business Days after receipt of written notice thereof from Siemens;
(d) Any of the financing parties terminates it financing arrangements with Buyer or any Buyer Affiliate for the Project; or
(e) Buyer is otherwise in material default of any provision of this Agreement or has materially failed to perform its obligations under this Agreement; provided that if such material default of this Agreement or material failure to perform this Agreement can be cured within a commercially reasonable timeframe, Buyer shall be permitted such period of time within which to accomplish such cure, so long as Buyer commences such cure efforts within fifteen (15) days after notice from Siemens and thereafter diligently proceeds to complete such cure within such time period.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

Upon the occurrence and during the continuation of a Buyer Event of Default, Siemens, in addition to its right to pursue any other remedy given under the Agreement, shall have the right to terminate this Agreement upon not less than five (5) days prior written notice to Buyer. In the event of such termination by Siemens, Siemens shall be entitled to either (a) payment of the sum set forth in the termination payment schedule if applicable or (b) the Contract Price less any savings, and any additional cost and expenses incurred by Siemens due to such termination (the “Default Termination Payment”). Siemens shall submit an invoice to Buyer for the Default Termination Payment, including supporting documentation for the damages and other amounts due and owing to Siemens prior to the termination and the costs incurred by Siemens in effectuating the termination, and Buyer shall pay such invoice by wire transfer within thirty (30) days after the date of such invoice. All payments of the Contract Price made by Buyer and received by Siemens prior to the effective date of termination shall be credited toward the Default Termination Payment. Without limiting Siemens’ other rights herein, Siemens may, in lieu of such termination, suspend its performance of the Work after such five (5) day period. In such event, Buyer shall be responsible for all costs incurred by Siemens as a result of such suspension plus reasonable profit thereon. If the Agreement is terminated by Siemens pursuant to this Section 14.2, then Siemens’ remaining warranty and performance guarantee obligations shall also automatically terminate.

Within thirty (30) days from the effective date of such termination, Buyer shall either (a) return to Siemens any of Siemens’ confidential information which had been in Buyer’s possession (excluding this Agreement) or (b) certify to Siemens that all of Siemens’ confidential information which had been in Buyer’s possession has been destroyed.

14.3 Termination for Buyer’s Convenience .

In addition to any other termination rights available to Buyer under this Agreement, Buyer shall have the right to terminate the Delivery of Work in the event that Buyer terminates the construction of the Project due to the economic unfeasibility of the Project for Buyer upon fifteen (15) days prior written notice to Siemens. Buyer shall pay Siemens either (a) the sum set forth in the termination payment schedule if applicable or (b) that portion of the Contract Price reflecting the amount of Work performed, man hours expended and materials acquired at the date of termination. These charges will also include the expenses associated with the termination, including, but not limited to, any additional expense incurred by reason of termination or cancellation of agreements between Siemens and its suppliers and Subcontractors, and any applicable cost allocated in contemplation of performance (the “Convenience Termination Payment”).

All payments of the Contract Price made by Buyer and received by Siemens prior to the date of termination shall be credited toward the Convenience Termination Payment. Siemens shall submit an invoice to Buyer for the Convenience Termination Payment and Buyer shall pay such invoice by wire transfer within thirty (30) days after the date of such invoice. If the Agreement is terminated by Buyer pursuant to this Section 14.3, then Siemens’ remaining warranty and performance guarantee obligations shall also automatically terminate.

Within thirty (30) days from the effective date of such termination, Buyer shall either (a) return to Siemens any of Siemens’ confidential information which had been in Buyer’s possession (excluding this Agreement) or (b) certify to Siemens that all of Siemens’ confidential information which had been in Buyer’s possession has been destroyed.

14.4 Termination Due to Force Majeure Event .

If Siemens is entirely prevented from performing the Work for a time period of one hundred eighty (180) aggregate days as a result of the occurrence of a Force Majeure Event suffered by Siemens, then either Party may terminate this Agreement with respect to the Work that has not been erected by the effective date of such termination at no cost or penalty, other than Buyer’s obligation to pay Siemens either (a) the sum set forth in the termination payment schedule if applicable or (b) that portion of the Contract Price reflecting the amount of work performed, man hours expended and materials acquired at the date of termination. These charges will also include the expenses associated with the termination, including, but not limited to, any additional expense incurred by reason of termination or cancellation of agreements between Siemens and its suppliers, and any applicable cost allocated in contemplation of performance; Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

provided, however, that nothing in this Section 14.4 shall relieve or excuse either Party from its obligations under Article 11 in respect of the occurrence of a Force Majeure Event. If the Agreement is terminated pursuant to this Section 14.4, then Siemens’ remaining warranty and performance guarantee obligations shall also automatically terminate.

Within thirty (30) days from the effective date of such termination, Buyer shall either (a) return to Siemens any of Siemens’ confidential information which had been in Buyer’s possession (excluding this Agreement) or (b) certify to Siemens that all of Siemens’ confidential information which had been in Buyer’s possession has been destroyed.

14.5 Actions Required Following Termination .

14.5.1 Discontinuation of Work .

Upon termination of this Agreement, Siemens shall promptly discontinue the Work and take such steps as are reasonably necessary to preserve and protect any Work completed and in progress at the Project Site, and then remove its personnel and equipment from the Project Site, and for a termination for a Siemens Event of Default, Buyer shall be entitled to take exclusive possession of the Work Delivered or en route to the Project Site; provided, however, that if the cause of the termination is other than due to a Siemens Event of Default, Buyer shall pay on Siemens’ demand made from time to time all amounts reasonably requested by Siemens to cover Siemens’ costs incurred in performing Siemens’ obligations pursuant to this Section 14.5.1.

14.5.2 Cancellation and Transfer of Subcontracts and Other Rights .

Upon termination of this Agreement by Buyer pursuant to Section 14.1, if requested by Buyer, Siemens shall use reasonable efforts to (a) deliver and assign to Buyer any and all Subcontracts made by Siemens in performance of the Work and provide to Buyer (without charge) all rights, if any, it has obtained from Subcontractors to use patented or proprietary materials in completing, operating and maintaining the Work. Except as provided herein, no action taken by Buyer or Siemens after the termination of this Agreement shall prejudice any other rights or remedies of Buyer or Siemens provided by this Agreement upon such termination.

ARTICLE 15

INDEMNITIES

15.1 Mutual Indemnity .

Siemens and Buyer (each as an “Indemnitor”) shall indemnify the other (“Indemnitee”) from and against all third party claims alleging bodily injury, death or damage to a third party’s tangible property, but only to the extent caused by the Indemnitor’s negligent acts or omissions. If the injury or damage is caused by the parties’ joint or contributory negligence, the loss and/or expenses shall be borne by each party in proportion to its degree of fault. No part of the Equipment(s) or Buyer’s Project Site is considered third party property.

Indemnitee shall provide the Indemnitor with prompt written notice of and shall not acknowledge any third party claims covered by this Article 15. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense and/or settle the claim on the Indemnitee’s behalf.

The Indemnitee shall not make any admission(s) which might be prejudicial to the Indemnitor and shall not enter into a settlement without the express permission of the Indemnitor.

15.2 Buyer’s Environmental Release and Indemnity .

Buyer, on behalf of itself, all Buyer Parties, and the predecessors and successors in interest, insurers, and assigns of each of them, shall defend, release, indemnify and hold harmless Siemens, all Siemens Parties, and the successors and assigns of each of them (each, an Indemnitee under this Section 15.2) Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

from and against any and all liability arising under Environmental Laws or as a result of any Hazardous Materials at or any environmental condition of the Project Site, except to the extent for which Siemens is responsible under Section 2.7, including, without limitation, fines and penalties, reasonable fees for attorneys, consultants or other professionals, and the costs of reporting, investigation, monitoring, containment, cleanup, storage, disposal, transportation and any other remedial actions arising under applicable Environmental Laws that are incurred by any Indemnitee hereunder for and as a result of: (i) death or bodily injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effects on the environment, including a Release of any kind, (iv) any violation by Buyer or any Buyer Party of Environmental Laws, and/or (v) a breach by Buyer or any Buyer Party of any legal duty arising under applicable Environmental Laws or any obligations under the environmental provisions of this Agreement.

This release and indemnity shall survive the termination or expiration of this Agreement and shall be construed as broadly as possible under applicable Environmental Laws.

ARTICLE 16

REPRESENTATIONS

16.1 Siemens Representations .

Siemens represents that on the Effective Date:

16.1.1 Organization .

It is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and is qualified to do business in the jurisdictions in which the nature of the business conducted by it as pertains to or has bearing upon its performance of this Agreement makes such qualification necessary and where failure to so qualify would have a material adverse effect on its ability to perform this Agreement.

16.1.2 No Violation of Law; Litigation .

It is not in violation of any Applicable Laws or judgment entered by any Governmental Authority which violations, individually or in the aggregate, would materially and adversely affect its performance of any of its obligations under this Agreement. There are no legal or arbitration proceedings or any proceeding by or before any Governmental Authority now pending or (to the best knowledge of Siemens) threatened against Siemens which, if adversely determined, could reasonably be expected to have a material adverse effect on the ability of Siemens to perform under this Agreement.

16.1.3 Permits .

It is or will be prior to performing any Work on the Project Site the holder of the governmental consents, Siemens Permits or other authorizations required in Siemens’ name to permit it to perform the Work and operate or conduct its business now and as contemplated by this Agreement.

16.1.4 No Breach .

None of the execution and delivery of this Agreement, the consummation of the transactions herein contemplated or compliance with the terms and provisions hereof and thereof shall conflict with or result in a breach of, or require any consent under, the charter or by-laws of Siemens, or any Applicable Laws or regulation, order, writ, injunction or decree of any court, or any agreement or instrument to which Siemens is a party or by which it is bound or to which it is subject, or constitute a default under any such agreement or instrument.

16.1.5 Corporate Action.

It has all necessary power and authority to execute, deliver and perform its obligations under this Agreement; the execution, delivery and performance by Siemens of this Agreement have been duly authorized by all necessary action on its part; and this Agreement has been duly and validly executed and delivered by Siemens and constitutes Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

the legal, valid and binding obligation of Siemens enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization or moratorium or other similar laws relating to the enforcement of creditors’ rights generally and by general equitable principles.

16.2 Buyer’s Representations
Buyer represents that on the Effective Date:

16.2.1 Organization .

It is a [_________________] duly organized, validly existing and in good standing under the laws of the State of [________________], and is qualified to do business in all jurisdictions in which the nature of the business conducted by it as pertains to or has bearing upon its performance of this Agreement makes such qualification necessary and where failure to so qualify would have a material adverse effect on its ability to perform this Agreement.

16.2.2 No Violation of Law; Litigation .

It is not in violation of any Applicable Laws or judgment entered by any Governmental Authority which violations, individually or in the aggregate, would materially and adversely affect its performance of any of its obligations under this Agreement. There are no legal or arbitration proceedings or any proceeding by or before any Governmental Authority now pending or (to the best knowledge of Buyer) threatened against Buyer which, if adversely determined, could reasonably be expected to have a material adverse effect on the ability of Buyer to perform under this Agreement.

16.2.3 No Breach .

None of the execution and delivery of this Agreement, the consummation of the transactions herein contemplated or compliance with the terms and provisions hereof and thereof shall conflict with or result in a breach of, or require any consent under, the governing documents of Buyer, or any Applicable Laws or regulation, order, writ, injunction or decree of any court, or any agreement or instrument to which Buyer is a party or by which it is bound or to which it is subject, or constitute a default under any such agreement or instrument.

16.2.4 Corporate Action .

It has all necessary power and authority to execute, deliver and perform its obligations under this Agreement; the execution, delivery and performance by Buyer of this Agreement have been duly authorized by all necessary action on its part; and this Agreement has been duly and validly executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization or moratorium or other similar laws relating to the enforcement of creditors’ rights generally and by general equitable principles.

16.2.5 Permits .

It is or will be prior to the commencement of performance of any Work by Siemens on the Project Site the holder of all governmental consents, Buyer Permits or other authorizations required to permit it to undertake and operate its business and the Project as contemplated by this Agreement.

16.2.6 Nuclear.

Unless expressly authorized in writing by Siemens, the Equipment must not be used in or in connection with a nuclear facility or application. If Buyer uses any Equipment in connection with any nuclear facility or activity, it does so at its own risk and Buyer will indemnify, defend and hold Siemens harmless, and waives and will require its insurers to Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

waive all right of recovery against Siemens for any damage, loss, destruction, injury or death resulting from a “nuclear incident,” as defined in the Atomic Energy Act of 1954, as amended, whether or not due to Siemens’ negligence. Siemens’ consent to Buyer’s use of the Equipment in connection with any nuclear facility or application will be subject to additional terms and conditions that Siemens deems necessary to protect its interests.

ARTICLE 17

PATENT AND COPYRIGHT INFRINGEMENT
Siemens will, at its option and expense, defend or settle any suit or proceeding brought against Buyer based on an allegation that any Equipment or use thereof for its intended purpose constitutes an infringement of any Patent Cooperation Treaty country member’s patent or misappropriation of a third party’s trade secret or copyright in the country where the Equipment is delivered by Siemens. Buyer will promptly give Siemens written notice of the suit or proceeding and the authority, information, and assistance needed to defend the claims. Buyer shall not acknowledge any such third party proceedings defined under this Article 17. Siemens shall have the full and exclusive authority to defend and settle such claim(s) and will pay the damages and costs awarded in any suit or proceeding so defended. Buyer shall not make any admission(s) which might be prejudicial to Siemens and shall not enter into a settlement without Siemens’ consent. Siemens is not responsible for any settlement made without its prior written consent. If the Equipment, or any part thereof, as a result of any suit or proceeding so defended is held to constitute infringement or its use by Buyer is enjoined, Siemens will, at its option and expense, either: (i) procure for Buyer the right to continue using said Equipment; (ii) replace it with substantially equivalent non-infringing Equipment; or (iii) modify the Equipment so it is non-infringing.

Siemens will have no duty or obligation under this Article 17 if the Equipment is: (i) supplied according to Buyer's design or instructions and compliance therewith has caused Siemens to deviate from its normal course of performance; (ii) modified by Buyer or its contractors after delivery; or (iii) combined by Buyer or its contractors with devices, methods, systems or processes not furnished hereunder and by reason of said design, instruction, modification, or combination a suit is brought against Buyer. In addition, if by reason of such design, instruction, modification or combination, a suit or proceeding is brought against Siemens, Buyer must protect Siemens in the same manner and to the same extent that Siemens has agreed to protect Buyer under this Article 17.

THIS ARTICLE 17 IS AN EXCLUSIVE STATEMENT OF SIEMENS’ DUTIES AND BUYER’S REMEDIES

RELATING TO PATENTS, TRADE SECRETS AND COPYRIGHTS, AND DIRECT OR CONTRIBUTORY INFRINGEMENT THEREOF.

ARTICLE 18

CONFIDENTIALITY
(a) Both during and after the term of this Agreement, the parties will: (i) treat as confidential all information obtained from the disclosing party, (ii) use such confidential information for its intended purpose only, and (iii) all information compiled or generated by the disclosing party under this Agreement for the receiving party, including but not limited to business information, manufacturing schedule information, technical data, drawings, flow charts, program listings, software, plans and projections. Neither party may disclose or refer to the work to be performed under this Agreement in any manner that identifies the other party without advance written permission. However, Siemens has the right to share confidential information with its Affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
(b) Nothing in this Agreement requires a party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving party; (ii) is disclosed to the receiving party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving party upon the date of this Agreement; (iv) was independently developed by receiving party or its representatives, as Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

evidenced by written records, without the use of discloser’s confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the party required to disclose by law will promptly advise the originating party of any requirement to make such disclosure to allow the originating party the opportunity to obtain a protective order and assist the originating party in so doing.

ARTICLE 19

MISCELLANEOUS PROVISIONS

19.1 Entire Agreement.

This agreement, including Attachment “A” and all Exhibits thereto (the “Agreement”) contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and commitments with respect thereto. There are no other understandings, oral or written, nor other terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this Agreement. Any modification to the Agreement must be in writing and executed by both Parties.

19.2 Applicable Law and Jurisdiction.

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. BOTH SIEMENS AND BUYER KNOWINGLY,

VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT. Each party agrees that claims and disputes arising out of this Agreement must be decided exclusively in a federal or state court of competent jurisdiction located in a state in which either Buyer or Siemens maintains its principal place of business. Each party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.

19.3 Notice .

All notices, reports, demands, claims, elections, requests and other official communications required or permitted by this Agreement or by law to be served upon or given to a Party by the other Party shall be in writing signed by the Party giving such notice and shall be deemed duly served, given to and received by the other Party when delivered by first class registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized courier, in each case addressed as follows:

If delivered to Buyer:
______________________________________
______________________________________
______________________________________
Attention: ______________________________
If delivered to Siemens:

Siemens
Street Address
City, State, zip code
Attention: Project Manager ____________
The Parties, by like notice in writing, may designate, from time to time, another address, addressee or office to which notices shall be delivered pursuant to this Agreement, which change of address shall become effective five (5) Business Days after delivery of such Notice.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016

19.4 No Rights in Third Parties .

Except as otherwise expressly provided herein, this Agreement and all rights hereunder are intended for the sole benefit of the Parties and shall not imply or create any rights on the part of, or obligations to, any other Person, except as specifically provided herein with respect to Subcontractors.

19.5 Compliance with Laws.

The parties agree to comply with all Applicable Laws, including but not limited to those relating to the manufacture, purchase, resale, exportation, transfer, assignment or use of the Equipment.

19.6 Conflicting Provisions .

In the event of any inconsistencies in this Agreement, the following order of precedence in the interpretation hereof or resolution of such conflict hereunder shall prevail:
(1) Duly authorized and executed Scope Change Orders and written amendments to the Agreement executed by both Parties, with the latest ones having precedence over the earlier ones; (2) This Agreement including Attachment “A” as equal priority; and (3) The Exhibits to this Agreement or Attachment “A.”
Any differing or additional terms and conditions in any purchase order or other document are of no force and effect unless specifically accepted in writing by the Parties. Siemens’ failure to object to any such additional, different or conflicting terms does not operate as a waiver of the terms of this Agreement.

19.7 Right of Waiver.

Each Party, in its sole discretion, shall have the right, but shall have no obligation, to waive, defer or reduce any of the requirements to which the other Party is subject under this Agreement at any time; provided, however, that such waiver is in writing. Any failure of any Party to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time during the pendency of this Agreement shall in no way affect the validity of this Agreement, or any part hereof, and shall not be deemed a waiver of the right of such Party thereafter to enforce any and each such provision.

19.8 No Partnership Created.

Nothing contained in this Agreement shall be construed as constituting a joint venture or partnership between Siemens and Buyer.

19.9 Captions; Shortened Names for Convenience.

The captions contained in this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope of intent of this Agreement or the intent of any provision contained herein. Similarly, the references to “Buyer” and “Siemens” in this Agreement are shorthand used for convenience only.

19.10 Counterparts and Facsimile Execution .

This Agreement may be signed in any number of counterparts and each counterpart shall represent a fully executed original as if signed by both Parties, with all such counterparts together constituting but one and the same instrument. Facsimile or electronic pdf signatures of the Parties shall be deemed to constitute original signatures, and executed facsimile copies hereof shall be deemed to constitute duplicate originals.

Version 1.1 Siemens Projects Business Standard Terms and Conditions Date: 07/01/2016