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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />to-ol-ZO L/ <br />CLERK OF COUNCIL <br />DATE: 7 - Z7-1 <br />4 <br />A-2009-144-002 <br />SECOND AMENDMENT TO AGREEMENT <br />FOR THE PURCHASE AND INSTALLATION <br />OF ENERGY CONSERVATION MEASURES <br />0! This Second Amendment to Agreement is made and entered into on the 1I- day of 2011, by <br />and between Siemens Industry, Inc. (herein "Contractor") and the City of Santa Ana (herei'), <br />collectively the "Parties". <br />U <br />RECITALS: <br />A. The City and Contractor entered into Agreement A-2009-144, dated September 8, 2009 (hereinafter <br />"Agreement"), by which Contractor agreed to install certain energy efficiency Facility Improvement <br />Measures (FIMs) in City facilities. <br />t B. Said Agreement is funded through the Department of Energy (DOE), Energy Efficiency and <br />Conservation Block Grant (EECBG) Program. <br />C. The original Scope of Work agreed between the Parties included projects that were completed before <br />the Agreement could be commenced, therefore, funding originally allocated for those projects is <br />available for additional energy efficiency projects in the City. <br />D. The City has earned rebates from Southern California Edison as a result of these and other energy <br />efficiency measures implemented by City. The EECBG funding requires that those rebate funds <br />either be returned to the DOE or be utilized for additional energy efficiency projects. <br />E. The City has identified additional funding to provide for energy efficiency projects in certain City <br />Parks. <br />F. In accordance with the terms and conditions of said Agreement, the Parties wish to amend the <br />Agreement's Scope of Work to include additional energy efficiency lighting upgrades in City <br />facilities and Parks, and to increase Contractor's compensation for these additional energy efficiency <br />measures. <br />WHEREFORE, in light of the Recitals above and for other good and valuable consideration, the Parties <br />agree as follows: <br />Exhibit A of the Agreement ("Scope of Work") is amended to include the following energy <br />efficiency FIMs, set forth in more detailed in "Exhibit A (Supplemental)", which is attached <br />hereto and incorporated herein by reference: <br />a. Contractor shall provide additional lighting upgrades at City Hall, as set forth in <br />Exhibit A (Supplemental), Article 1.4, for the basement and 2id through 8°i floors. <br />NOTE: If additional funding is insufficient to complete all lighting upgrades in City <br />Hall, then City shall determine the sequence of floor(s) to receive lighting upgrades <br />and advise Contractor in writing of same. Lighting upgrades shall be completed <br />using GE F32T8/25 W/SPX41 /ECO lights. <br />Santa Ana/SII Second Amendment to Agreement for ECMs - I