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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />`~- 27-09 <br />CLERK OF COUNCIL <br />DATE: ~. ~jp_Og <br />o : PWA (~) <br />~;~~, N9~ye~. <br />FIR5T AMENDMENT TO AGREEMENT <br />A-2008.156 <br />THIS FIRST AMENDMENT TO AGREEMENT, is entered into on June 2.2008, <br />by and beriveen Econolite Traffic Engineering and Maintenance, Inc., a Califomia <br />corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"), <br />RECITALS: <br />A. The parties entered into Agreement #A-2005-200, dated August I, 2005, (hereinafter <br />"said Agreement") by which Contractor has provided preventive and extraordinary <br />maintenance of traffic signal systems, advanced traffic management systems and street <br />lighting systems. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to <br />increase compensation to provide for extraordinary expenses during the current term <br />and to extend the term For an additional one-year period. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and <br />subject to all the terms and conditions of said Agreement, except those amended in this <br />First Amendment to Contractor Agreement, the parties agree as follows: <br />I. Section 2.a., COMPENSATION, shall be amended to increase compensation by <br />$130,000,00 for a total not to exceed amount of $780,000.00 during the term from <br />September 1, 2007 through August 31, 2008, adopt a new fee schedule effective <br />September 1, 2008, and allocate funds in the amount of $650,000.60 for the extended <br />term, as follows: <br />"a. For those services provided through August 31, 2008, City agrees to pay, and <br />Contractor agrees to accept as total payment for its services, the rates and charges <br />identified in Contractor's Fee Proposal, attached to said Agreement as Exhibit B. <br />For services provided on or after September 1, 2008, the parties agree that the <br />rates and charges shall be increased five percent (5"/0) as set forth in Exhibit B-1, <br />attached hereto. The total sum to he expended under this Agreement shall not <br />exceed $650,000.00, per fiscal year, during the term of this Agreement. <br />Notwithstanding the foregoing, an additional $130,000.00, fur a total not to <br />exceed amount of $780,000, shall be allocated to said Agreement for <br />extraordinary maintenance services during the term from September 1. 2007 <br />through August 31, 2008." <br />2. Section 3, TERM, shall be amended to extend the term for an additional one-year <br />period running September 1, 2008 through August 31, 2009. <br />