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Page 1 of 2 City Clerk Document No. City Council Meeting Date: July 20, 2023 AMENDMENT TO CITY OF CHANDLER AGREEMENT STREET MAINTENANCE AND REPAIR SERVICES CITY OF CHANDLER AGREEMENT NO. PW0-745-4123 THIS AMENDMENT NO. 5 (Amendment No. 5) is made and entered into by and between the City of Chandler, an Arizona municipal corporation (City), and M.R. Tanner Development & Construction, Inc, (Contractor), (City and Contractor may individually be referred to as Party and collectively referred to as Parties) and made , 2023 (Effective Date). RECITALS WHEREAS, the Parties entered into an agreement for street maintenance and repair services (Agreement); and WHEREAS, the term of the Agreement was January 1, 2020, through December 31, 2020, with the option of up to four one-year extensions; and WHEREAS, the Parties wish to add additional funds to the current term of the Agreement. AGREEMENT NOW THEREFORE, the Parties agree as follows: 1. The recitals are accurate and are incorporated and made a part of the Agreement by this reference. 2. Section IV is amended to increase the annual spending limit by $865,950, for a revised not to exceed amount of $2,420,950, for the term ending December 31, 2023, per pricing set forth in Exhibit B of Amendment No. 1, which is incorporated into and made a part of this Amendment No. 5 by this reference. Page 2 of 2 3. All other terms and conditions of the Agreement remain unchanged and in full force and effect. If a conflict or ambiguity arises between this Amendment No. 5 and the Agreement, the terms and conditions in this Amendment No. 5 prevail and control. IN WITNESS WHEREOF, the Parties have entered into this Amendment on the Effective Date. FOR THE CITY FOR THE CONTRACTOR By: _________________________________________ By: _________________________________________ Its: ____________Mayor_______________________ Its: _________________________________________ APPROVED AS TO FORM: By: _________________________________________ City Attorney ATTEST: By: _________________________________________ City Clerk