DOTY BROTHERS CONSTRUCTION COMPANY 3B

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INSURANCE ON FILE A-2008-213-002 WORK MAY PROCEED UNTIL MUMANCE EXPIRES SECOND AMENDMENT TO AGREEMENT CLERK FOR ON-CALL SERVICES DATP THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 12, 2009, by and between DOTY BROS. EQUIPMENT CO., a California corporation ("Contractor") 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 ("City"). S RECITALS: a A. The parties entered into that certain Agreement A-2008-213, dated August 18, 2008, �i (hereinafter "said Agreement") by which Contractor has provided on-call emergency water d and sewer services. 0 (� B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the i fee schedule for the provision of such services. 'G WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to �J Agreement, the parties agree as follows: 1. Pursuant to Section 6.b., COMPENSATION AND PAYMENT, the City accepts Contractor's proposed changes to the rates and charges set forth in Exhibit B to said Agreement. Commencing August 1, 2009, City agrees to pay and Contractor shall provide services at the rates and charges set forth in Exhibit B-1, attached hereto. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST- -PATRICIA TTEST:-PATRICIA q. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: w , Laura Sheedy Assistant City Attorney CITY OF SANTA ANA jc�u�G JAMES G. ROSS Executive Director of Public Works