25C - AGMT - PRESSURE WASHING SRVS

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FIFTH AMENDMENT TO AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS FIFTH AMENDMENT to the above - referenced agreement is entered into on April 4, 2017 by and between Superior Property Services, Inc., 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 -2012 -248, dated January 1, 2013 ( "Agreement'), by which Contractor agreed to provide hardscape pressure washing services at various City -owned properties. B. On November 18, 2014, the parties executed a First Amendment to Agreement #A -201.4 -296, by which the original scope of services was expanded and the total annual compensation was increased to pay for the additional services. The total annual compensation includes a contingency amount of $10,000. C. On May 14, 2015, the parties executed a Second Amendment to Agreement #A -2015 -095, by which the contingency amount for the period of January 1, 2015 through December 31, 2015 was increased by $8,000 and the obligation imposed on the Contractor to use reclaimed water in the performance of its services. D. On October 20, 2015, the parties executed a Third Amendment to Agreement #A- 2015 -234, by which the contingency amount for the period of January 1, 2015 through December 31, 2015 was further increased by $8,250. E. On June 21, 2016, the parties executed a Fourth Amendment to Agreement #A -2015 -234, by which the compensation and contingency amount for the period of May 1, 2016 through December 31, 2017 was further increased by $20,000 to provide additional funds for services following major City - sponsored events. F. The parties now wish to further amend the Agreement to provide additional funds for pressure washing services due to the City Council approved Civic Center Safety Plan which included increased pressure washing services in the Civic Center Area, and to replenish and increase the contingency amount (See "Budget Estimate" and "Civic Center Pressure Washing Map" attached hereto and incorporated herein as Exhibit A). G. Staff will be issuing a new Request for Proposals for pressure washing services in Fall of 2017 as the Agreement expires on December 31, 2017. The Parties hereby agree: 1. Section 2, Compensation, is further amended to include, for the remaining Agreement period of April 1, 2017 through December 31, 2017, an additional $76,680 for pressure washing services as may be directed by the City which includes 20% additional contingency funds for said period such that the total annual amount to be expended during the remaining term shall not exceed $195,315. 1 Except as modified by this Fifth Amendment, and all prior Amendments, all terms and conditions of the Agreement shrill remain in full force and effect. Exhibit 1 Page 1 of 2 25C -3