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INSURANCE NOT ON FILE WORK MAY No PROCEED CLERK OF COUNCIL DATE: pCi 1 1 Z( 0lgtl(-5 W-) A-2019-172 S l\vVA THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Electro Construction Corp., a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City issued a Request for Proposals ("RFP") (RFP No. 19-058) and Addendums 1-3 for furnishing labor and materials to retrofit the exterior lighting at Citys Stadium by installing LED lighting ("the project'). B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the evaluation process. C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF") proceeds and incentives from Southern California Edison ("Edison"). Edison has approved the project for OBF proceeds. D. The City desires to retain a Contractor having special skill and knowledge in the field of retrofitting lighting fixtures through the installation of LED lighting at Citys Stadium. E. Contractor represents that Contractor is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall furnish labor and materials to retrofit the exterior lighting at City's Stadium in the City of Santa Ana by installing LED lighting as set forth in the General Scope of Services and Requirements of RFP No. 19-058 attached hereto as Exhibit A, all corresponding Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response to RFP No. 19-058 incorporated by reference as if completely set forth in full in this Agreement. No additions or change in scope for purposes of utilizing the contingency compensation will be made without the written approval of the Executive Director of Parks, Recreation, and Community Services Agency. Contractor will be responsible for any costs incurred outside of the scope of services without written approval. #95440