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CONTRACT 6289 Public Works Contract CLOSEDAgreement No. 6289 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND HORIZON MECHANICAL CONTRACTORS OF CALIFORNIA This CONTRACT is entered into this 2nd day of March, 2022, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation (the "City") and HORIZON MECHANICAL CONTRACTORS OF CALIFORNIA (the "Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; Ca The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Contractor's Proposal and this Contract; The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Four Thousand, Three Hundred Twenty Eight Dollars and Ninety Five Cents ($4,328.95) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Ninety (90) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a notice to Agreement No. 6289 proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until; The Contractor furnishes proof of insurance as required by the Contract Documents; and The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than 10 business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and 2 Agreement No. 6289 limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City City of El Segundo Public Works Dept. 150 Illinois St. El Segundo, CA 90245 Attention: Jorge Prado (310) 524-2713 jprado@elsegundo.org The Contractor Horizon Mechanical Contractors of California P.O. Box 661461 Arcadia, CA 91066 Attention: John Gordon (626) 574-0900 Ext. 2 john@horizon-mechanical. net Any such written communications by mail will be conclusively deemed to have been received by the addressee three days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 3 Agreement No. 6289 14.INTERPRETATION. This Contract was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; and B. The Proposal, 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ELECTRONIC SIGNATURES. This Contract may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 4 Agreement No. 6289 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Elias Sasso n, Public Works Director ATTEST: �4 w1v fw, Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By ( IL--, otinVazquez, p y City Attorney Insurance Reviewed by: Hank Lu, Risk Manager HORIZON MECHANICAL CONTRACTORS Name: JOHN GORDON Title: CEO Taxpayer ID No.: 95-4842898 Contractor State License No.: 791826 Contractor City Business License No.: 20922 Horizon Mechanical Contractors of P.O. Box 661461 Arcadia, CA 91066 (626)574-0900 Billing Address: City of El Segundo Jorge Prado 350 Main Street El Segundo CA 90245 jprado@elsegundo.org TASK CONTRACTOR'S PROPOSAL ;r rizon Mechanical WORK DESCRIPTION Lochinvar SBN1000-1502 Annual Service d,.a L. l r 70%*26 Service Address: Wiseburn Aquatics Center Jeorge Prado 2240 E Grand Ave El Segundo CA 90245 Furnish Labor and materials to perform Lochinvar Sync boiler service as follows: Model: SBN1300 WARRANTY 1-Remove burner 2-Replace hot surface igniters 3-Replace flame rods 4-Clean burners LochinvarS 5-Clean combustion chambers LABOR 90 1 6-Remove and check flow switches DAYS 7-Reassemble heater complete with new gaskets 8-Replace condensation neutralization media 9-Check expansion tank pressure and charge as needed 10-Check closed loop system pressure and adjust as needed 11-Perform factory start-up 12-Perform combustion source test with approved portable analyzer 13-Provide customer with service report recapping service Agreement No. 6289 Estimate # : 11401 Acc / Cust # : 1976 Technician: John G Date: 03/01 /2022 RATE j QTY If TOTAL 1,800.001 1.00 1,800.00 If additional deficiencies are discovered, a supplemental quote will be provided MATERIAL I Lochinvar SBN1000-1500 Service Kit LABOR 90 670.00 1.00 670.00 S DAYS LochinvarS 1 Lochinvar FTXL 400-850 Annual Service Furnish Labor and materials to perform Lochinvar FTXL boiler service as follows: Model: FTXL400 11-Remove burner 12-Replace hot surface igniter 13•Replace flame rod 4-Clean burner 5-Clean combustion chamber 6-Remove and check flow switches 7-Reassemble heater complete with new gaskets 8-Replace condensation neutralization media 9-Check expansion tank pressure and charge as needed 10-Check closed loop system pressure and adjust as needed 11-Perform factory start-up 12-Perform combustion source test with approved portable LABOR 90 DAYS 1,080.00 � 1.00 1,080.00 analyzer Agreement No. 6289 13-Provide customer with service report recapping service If additional deficiencies are discovered, a supplemental quote will be provided MATERIAL Lochinvar FTXL 400'-850 Service Kit LABOR 90 361.00 1.00 361.001 S DAYS LABOR3 Travel LABOR 90 160.00 2.00 320.00 DAYS Service Agreement: N/A n. e, Customer PO/WO: Customer Auth #: Recommendations: NONE Terms & Conditions / Approval / Start Method of Payment Ove:IrlrurGr:w: Change Order, ***No Payment Found— Completion Sub Total: $ 0.00 ���a.uoBafQa°, Tax: Los Angele. , (9.5 %) $ 97.95 Estimate: $ 4,328.95 Waiver Of Right tJ Owner Tenant Grand Total: $4, 328.95 OverlrOde: Amount Paid / Adjustment: $ 0.00 Balance Due: $ 0.00 Xl Other _... — ........ ........ .......,� tivlltlQ°GY VVwing c11 C':IIVv;.C':IICa IIjlG.¢n=,e OIItlQ'IInndG'". i IrnUirn'nli" er i.l,4(u an yrtu r &ec*. Thank You! Make Payable To: Horizon Mechanical Contractors of , P.O. Box 661461 Arcadia CA 91066 For a copy of Terms & Conditions / Waiver that were signed in the presence of technician, please visit: horizonmechanical,skyboss.com/TAndC/1 Powered By: Skyboss.com