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lNVJRf NCENOTREQUIRED A- 2013.137 <br />WORK MAY PROCEED <br />t CLERK OF COUNCIL <br />AGREEMENT TO MANUFACTURE AND <br />( PROVIDE LED STREETLIGHTS <br />cL <br />/ THIS AGREEMENT, made and entered Into this 316 day of September, 2013 by <br />Powerlux, (hereinafter "Vendor "), and the City of Santa Ana, a charter city and municipal <br />ri corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City ). <br />RECITALS <br />A. The City Issued RFP 13.009 • "LED Post Top Retrofit Streetlights" to procure a <br />vendor to manufacture and provide energy efficient LED street light luminaries, <br />B. Vendor submitted a proposal to provide such LED luminaries and was <br />determined to provide the best quality material at minimum cost to the City, <br />C. In undertaking the performance of this Agreement, Vendor represents that It is <br />knowledgeable in its field and that any materials, supplies, labor and equipment provided <br />by Vendor under this Agreement will be provided In compliance with the specifications <br />set forth In Vendor's Proposal, <br />NOW THEREFORE, In consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />I,SCOPE OF SERVICES <br />Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa <br />Ana, California, 354 new LED post top retrofit streetlights which conform to the <br />specifications set forth in Vendor's Proposal dated May 6, 2013, attached hereto as <br />Exhibit A and incorporated by reference. After City Installation of said streetlights, <br />Vendor shall test for photometric conformance and power consumption. In addition, <br />Vendor shall provide a five (6) year warranty for any and all materials, supplies, labor <br />and equipment provided pursuant to this Agreement, <br />If additional funding is secured, City retains the option to purchase additional streetlights <br />at the unit price set forth in Vendor's Proposal. <br />ILCOMPENSATION <br />A. The City agrees to pay, and Vendor agrees to accept as total payment for said <br />streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight <br />delivered and successfully tested. The total sum to be expanded under this Agreement <br />shall not exceed $125,000 during the term of this Agreement. <br />B. Vendor shall submit one invoke to the City upon completion of the Project, Said <br />Invoice shall be submitted in a format approved by City, and shall include the following <br />Information: <br />Vendor's invoice number <br />Beginning and ending dates for services <br />Exhibit-3/4 <br />1' <br />25D -59 <br />