FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND COMMERCIAL BUILDING MANAGEMENT, INC.
This First Amendment to the Agreement for Project Services (“First Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Commercial Building Management, Inc., a California corporation (“Contractor”).
WHEREAS, on June 7, 2022, the parties entered into the Agreement for Project Services between the City and Contractor (the “Agreement”); and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibit "A” of the Agreement is hereby amended to add Exhibit "A-1", which adds two locations and weekend services for those locations. Exhibit “A-1” is attached hereto and incorporated by this reference.
2. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C1” to increase Contractor’s total compensation limit by $12,648.61, setting a new limit of $531,606.61. Exhibit “C-1” is further hereby amended to update the contact information for receiving notices under the Agreement. Exhibit “C-1” is attached hereto and incorporated by this reference. Contractor shall be compensated for the services described in Exhibits “A” to “A-1” of the Agreement.
3. INSURANCE. Exhibit “D” of the Agreement is hereby amended to add Exhibit “D-1” to raise the Contractor’s general liability coverage from $1 million to $2 million dollars.
Exhibit “D-1” is attached hereto and incorporated by this reference. Contractor shall comply with the insurance requirements in Exhibit “D-1”
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern. 2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 11th day of June, 2024.
CITY OF REDONDO BEACH, COMMERCIAL BUILDING MANAGEMENT,
a chartered municipal corporation INC., a California corporation __________________________ By: _______________________
James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
Jesus Velasco
General Manager
3 EXHIBIT "A-1"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONTRACTOR’S DUTIES
Contractor shall provide janitorial services as described in the Agreement.
A. Section A of Exhibit “A” of the Agreement shall be amended and restated in its entirety as follows.
CITY FACILITIES
Contractor shall service the following locations.
1. Alta Vista Community Center
715 Julia Avenue
Redondo Beach, CA 90277
2. Alta Vista Racquetball Courts
715 Julia Avenue
Redondo Beach, CA 90277
3. Anderson Park Senior Center
3007 Vail Avenue
Redondo Beach, CA 90278
4. Main Library
303 North Pacific Coast Highway
Redondo Beach, CA 90277
5. North Branch Library
2000 Artesia Boulevard
Redondo Beach, CA 90278
6. Perry Park Senior Center
2308 Rockefeller Lane
Redondo Beach, CA 90278
7. Perry Park Teen Center
2301 Grant Avenue
Redondo Beach, CA 90278
4 8. Recreation and Community Services Facility
1922 Artesia Boulevard
Redondo Beach, CA 90278
9. Veterans Park Senior Center
301 Esplanade
Redondo Beach, CA 90277
10. Wilderness Park Visitor Center
1102 Camino Real
Redondo Beach, CA 90277
11. Aviation Park Clubhouse
1935 Manhattan Beach Boulevard
Redondo Beach, CA 90278
12. Anderson Park Senior Center
3101 Vail Avenue
Redondo Beach, CA 90278
B. Section B.14 of Exhibit “A” of the Agreement shall be amended and restated in its entirety as follows.
REGULAR SERVICES
Contractor shall perform the janitorial services in accordance with the following schedule.
DAILY SERVICES SCHEDULE
1. North Branch Library: Provide daily services after 8:00 p.m. Monday, Tuesday, Wednesday and Thursday and after 5:00 p.m. on Saturday.
2. Main Library: Provide daily services after 10:00 p.m. Monday through Thursday and after 6:00 p.m. on Friday and Saturday.
3. Recreation and Community Services Administration Facility: Provide daily services after 7:00 p.m. Monday through Friday.
4. Aviation Park Clubhouse and Anderson Park Senior Center: Provide daily services after 8:00 p.m. Saturday, and Sunday.
5. Remaining City Facilities: Provide daily services after 8:00 PM Monday, Tuesday, Wednesday, Thursday, and Friday.
5 EXHIBIT "C-1"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
A. AMOUNT
1. MONTHLY AMOUNT: Contractor shall be paid the monthly fee of $11,645 for the regular services described in Section B of Exhibit "A" of the Agreement.
2. HOURLY RATE: Contractor shall be paid in accordance with the following hourly rate schedule for the additional services described in Section C of Exhibit "A" of the Agreement.
Additional Service Hourly Rate
High Pressure Washing $ 50.00
Parking Lot Sweeping $150.00
Back-Up Maintenance . - $ 28.00
24 Hour Emergency $ 28.00
Carpet Cleaning $ 28.00
3. NOT TO EXCEED AMOUNT: In no event shall Contractor's total compensation exceed the amount of $531,606.61 under the Agreement and any of its amendments. This compensation shall include all amounts paid under this Section A.
B. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment. Invoices shall provide the date of service, monthly fee, hours worked, description of services performed, and applicable hourly rate. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up material upon request.
C. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty (30) days of City's receipt of monthly invoices; provided, however, that services are competed to the City's reasonable satisfaction.
D. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Contractor: Commercial Building Management
600 S. Grand Avenue, Suite 111
Santa Ana, CA 92705
Attention: Jesus Velasco
Email: [email protected]
6 City: City of Redondo Beach
Public Works Department
531 N Gertruda Ave
Redondo Beach, CA 90277
Attention: Rob Osborne
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the next business day if by email and on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
7 EXHIBIT “D-1”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
8 Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the 9 right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.