ATTACHMENT 1
55452.01100\31090125.5
FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
This First Amendment to the Agreement for Maintenance Services (this “First Amendment”) is made and entered into on this _____ day of February, 2023, by and between the City of San Clemente, a California municipal corporation (“City”), and Ed Stewart and Associates, Inc., a California Corporation (“Contractor”).
RECITALS
A. City and Contractor entered into that certain Agreement for Maintenance Services (the “Agreement”) on December 5, 2022.
B. City and Contractor desire to amend the Agreement by revising the scope of work and increasing the total compensation not to exceed amount to One Hundred Ten Thousand Dollars ($110,000).
COVENANTS
Section 2: Section 2.2 of the Agreement titled “Project” is hereby replaced in its entirety with the following:
2.2 Project
City desires to engage Contractor to render such as-needed spot pressure washing services in the downtown area on El Camino Real from Palizada to Presidio (both sides of street from business store front to curb and on Avenida Del Mar from El Camino Real south continuing on Victoria and ending at Cazador (both sides of street from business store front to curb) as set forth in this Agreement.
City also desires to engage Contractor to render such as-needed inspection and clean up services for abandoned property and refuse on days the City is closed, Dark Fridays, Saturdays/Sundays and Holidays.
Section 3: Section 3.1.1 of the Agreement titled “General Scope of Services” is hereby replaced in its entirety with the following:
3.1.1 General Scope of Services
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the pressure washing maintenance services and inspection and clean up services for abandoned property and refuse, as necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “A-1” attached hereto and incorporated herein 55452.01100\31090125.5
by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
Section 3: Section 3.2.2 of the Agreement titled “Schedule of Services” is hereby replaced in its entirety with the following:
3.2.2 Schedule of Services
Contractor shall perform the Services expeditiously, within the term of this Agreement, and In accordance with the Schedule of Services set forth in Exhibit "B" and Exhibit “B-1” attached. hereto and incorporated herein by reference, Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions, In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner, Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
Section 3: Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:
3.3.1 Compensation.
The total compensation shall not exceed One Hundred Ten Thousand Dollars ($110,000) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
55452.01100\31090125.5
CITY OF SAN CLEMENTE
By: ______________________________
Its: _ _________________________
Dated: __________________, 2023
ATTEST:
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
ED STEWART AND ASSOCIATES, INC.
(“CONTRACTOR”)
By: _____________________________
Signature
Its: _ _________________________
Title
Dated: __________________, 2023
55452.01100\31090125.5
EXHIBIT A-1
E. Stewart and Associates, Inc.
1000 Calle Negocio
i) San Clemente, CA 92673
(949) 498-9250
ii) FAX (949) 498-4961
February 15, 2023
Rick Milam, Supervisor
Maintenance Operations
City of San Clemente
390 Avenida Pico, Bldg. A
San Clemente, CA 92672
Proposal for Debris Removal & Pressure Washing
Avenida Del Mar, North Beach and Pier Bowl
Scope of work:
Provide after hours, dark Friday and holiday inspections of debris removal and pressure washing at Avenida Del Mar, North Beach and the Pier Bowl in accordance with Code Compliance and Orange County Sheriff’s Department regulations.
This proposal is for inspections only, whereas any debris removal will be at the request of Code Compliance or O.C.S.D.
This is not a prevailing wage contract. Compensation would be $35.00 per hour per man, plus $20 per hour for a truck. Scope of work to be recognized as janitorial services.
Inspections to be performed in the morning.
Please call, should you have questions or require further information.
Sincerely,
Ed Stewart
55452.01100\31090125.5
EXHIBIT "B-1"
SCHEDULE OF MAINTENANCE SERVICES
PERFORM SERVICES LISTED IN EXHIBIT "A-1" ON AN AS-NEEDED BASIS. ALL WORK SHALL BE PERFORMED MONDAY THROUGH SUNDAY AND ALL HOLIDAYS. HOURS FOR WORK WILL BE FROM 7AM TO 5PM. ACTUAL HOURS MAY VARY AND TO BE DETERMINED BY THE CITY’S MAINTENANCE MANAGER.