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<br /> <br /> <br /> <br /> <br /> <br /> FIRST AMENDMENT TO AGREEMENT <br /> <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 /> <br /> RECITALS: <br /> <br /> <br /> <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 /> <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 /> <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 /> <br /> <br /> I. 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-l, 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 Il.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 forth in Exhibit A-l, 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 tern of said Agreement. <br /> <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 /> <br /> 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br /> full force and effect. <br /> <br /> <br /> 20D-3 <br />