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<(u INTJRANCE NOT REQUIRED WORK MAY PROCEED C5) CLERK OF COUNCIL nATC- 10 -- - l-S AGREEMENT TO MANUFACTURE AND PROVIDE LED STREETLIGHTS A -2013 -137 THIS AGREEMENT, made and entered into this 3rd day of September, 2013 by Powerlux, (hereinafter "Vendor "), 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 RFP 13 -009 - "LED Post Top Retrofit Streetlights" to procure a vendor to manufacture and provide energy efficient LED street light luminaries. B. Vendor submitted a proposal to provide such LED luminaries and was determined to provide the best quality material at minimum cost to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any materials, supplies, labor and equipment provided by Vendor under this Agreement will be provided in compliance with the specifications set forth in Vendor's Proposal, 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, I.SCOPE OF SERVICES Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa Ana, California, 354 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached hereto as Exhibit A and incorporated by reference. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement, If additional funding is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal. ILCOMPENSATION A. The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended under this Agreement shall not exceed $125,000 during the term of this Agreement. B. Vendor shall submit one invoice to the City upon completion of the Project, Said invoice shall be submitted in a format approved by City, and shall include the following information: Vendor's invoice number Beginning and ending dates for services Exhibit -3A 20B -41