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I <br />is <br />v <br />tNEUEiaNcL UN FILE <br />WORK MAY PROMI) <br />UNTIL INSURANCE EXPiRE'a <br />CLERK Or COUNCIL <br />DATE: \0--\—\3 <br />FIRST AMENDMENT TO AGREEMENT <br />THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 3, 2013, <br />by and between Sierra Pacific Electrical Contracting, a California corporation ( "Contractor ") <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ( "City "). <br />RECITALS: <br />A. The parties entered into Agreement A- 2013 -015, dated January 22, 2013, (hereinafter "said <br />Agreement') by which Contractor has provided material, supplies, labor and equipment <br />necessary to remove and replace LED streetlights. <br />B. Additional funding has been awarded to allow the City to expand its LED streetlight <br />replacement program. <br />C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the <br />Scope of Services to include additional sites at which the current streetlights will be replaced <br />with LED streetlights and to increase compensation to pay for the additional material, <br />supplies, labor and equipment required to complete the work. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section I, SCOPE OF SERVICES, shall be amended to provide that Contractor shall perform <br />all services necessary to remove and dispose of existing streetlights, and furnish, install and <br />test new LED luminaries, in the light fixtures listed in the matrixes titled "Lights Originally <br />to be City Funded"; "Additional Lights"; and "Lights in Original OBF Funding ", attached <br />hereto as Exhibit A -1, and incorporated by this reference. All such services shall be provided <br />in compliance with the Scope of Services attached to said Agreement as Exhibit A. <br />2. Section II.a., COMPENSATION, shall be amended to increase compensation by $15,000, to <br />pay for the removal and disposal of existing and the furnishing, installation and testing of the <br />22 Additional Lights, as set l orth in Exhibit A -1, attached hereto and incorporated by this <br />reference. The total amount to be expended for all services provided pursuant to said <br />Agreement shall not exceed $715,000.00 during the term of said Agreement. <br />3. In conformance with Section 111, TERM, Contractor shall furnish and install all lights within <br />140 days of the Notice to Proceed issued by the City. The terms and conditions of this <br />Agreement shall remain in full force and effect through June 30, 2014, unless terminated <br />earlier in accordance with Section XII of said Agreement. <br />4. Except as hereinabove amended, all terms and conditions of said Agreement shalt remain in <br />full force and effect. <br />A- 2413-135 <br />