POWERLUX CORPORATION 1B - 2014 - Laserfiche WebLink

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INSURANCE NOT REQUIRED A-2014435 WORK MAY PROCEED CLERK OF COUNCIL l)ATF tj a--5 0 SECOND AMENDMENT TO AGREEMENT 'THIS SECOND AMENDMENT' TO AGREEMENT is entered into on June 17, 2014 by and between Pewerlux, 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"). RECITALS: A. The parties entered into Agreement A-2013-137, dated September 3, 2013, (hereinafter "said Agreement") by which Contractor has provided energy efficient LEI) streetlight luminaries. B. By Amendment dated Febnrary 18, 2014, the City and the parties extended the teen of said Agreement. C. In accordance with the terms and conditions of said Agreement, the patties wish to amend the Scope of Services to include additional streetlights that will be replaced with LED streetlight luminaries and to increase compensation to pay for the additional luminaries provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terns and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights purchased by a total of 231. The section shall read in full as follows: "Vendor shall furnish and deliver to the Santa Ana City Yard; 215 S. Center St., Santa Ana, California, 645 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement. If additional Handing is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal." 2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the following: "The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended under this Agreement shall not exceed $225,506 during the term of this Agreement," 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 3