25C - AGMT - PAVEMENT CLEANING SRVS IN CIVIC CENTER

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AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS AGREEMENT, made and entered into this 1" day of January 2013, by and between Superior Property Services, Inc., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of hardscape pressure washing and cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform those services as set forth in City's Civic Center Pavement Cleaning Services Specifications, attached as Exhibit A to this Agreement, along with Contractor's Proposal, attached as Exhibit B. In the event of any conflict in the terms of this Agreement and any attachment or exhibit hereto, the terms of this Agreement shall prevail, followed by the City's Specifications (Exhibit A) and then by Contractor's Proposal (Exhibit B). The Director or his designated representative shall regularly inspect the properties subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per property not meeting the Specifications during any such inspection. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The annual base contract cost is $47,950 ($3,995.83 per month), and a contingency in the amount of $10,000 is added for unanticipated I 25C-3