CONTRACT 6259A Amendment CLOSEDAgreement No. 6259A
FIRST AMENDMENT TO
AGREEMENT NO. 6259 BETWEEN
THE CITY OF EL SEGUNDO AND
ACCO ENGINEERED SYSTEMS, INC.
PW 22-08: EL SEGUNDO POLICE DEPARTMENT FIRING RANGE DUCT
MODIFICATION
THIS FIRST AMENDMENT ("Amendment") is made and entered into this 2nd day of
March 2022, by and between CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California ("CITY"), and ACCO ENGINEERED
SYSTEM, INC. ("CONSULTANT"), a California Corporation.
1. Pursuant to Section 17 of Agreement No. 6259 ("Agreement") Section 2 is amended in
its entirety to read as follows:
"CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Twenty
Nine Thousand Five Hundred Thirty Three Dollars ($29,533) which includes the
original bid amount of $24,403 plus a contingency amount of $5,130 for the Work in
the manner set forth in the Contract Documents."
2. This Amendment may be executed in any number of counterparts, and all such
counterparts so executed constitute one Amendment 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 Amendment 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.
3 Except as modified by this Amendment, all other terms and conditions of the
Agreement will remain the same.
[SIGNATURES ON NEXT PAGE]
1
Agreement No. 6259A
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SEGUNDO, ACCO ENGINEERED SYSTEMS, INC.
Digitally signed by Dreg
Guiadc
Date: 2022.03.01
17:06:24-08'00'
Darell George, Name: Greg Guizado
Interim City Manager Title: Regional Sales Manager
AlTaxpayer ID No. 95-1625123
0
Tracy Wever',
City Clerk
APPROVED AS TO FORM:
MARK D. HEN S��'.FbY, City Attorney
By: :.
Joaquin quo,
Deputy CAttorney
INSURANCE APPROVAL:
Hank Lu,
Risk Manager
2
Agreement No. 6259A
EXHIBIT A
BID CONTRACT
Page 1 of 2
El Segundo Office: 2201 Park Place, Suite #400, Ell Segundo, CA 90245
Telephone: (424) 201-0404
Principle Offices: Glendale Commerce Sacramento Orange County Santa Clara San Diego San Leandro Seattle, WA
QUOTATION TO: JOB NAME/ADDRESS:
City of El Segundo El Segundo City Club House
Public Works Dept. 300 Pine Avenue
150 Illinois Street El Segundo, CA 90245
'El Segundo, CA 90245 Jorge Prado
THE CONDITIONS PRINTED EITHER ON THE REVERSE SIDE OR ATTACHED ARE PART HEREOF
SCOPE OF WORK: ES Police Station Gun Range EF Duct Modifications
ACCO proposes to furnish the labor and materials to modify the exhaust fan duct in the gun range. Included in the
modification will be the addition of 4 access panels to install the new ducts, approximately 15 exhaust grills, and 3 new
exhaust branches. Some investigative work will take place to identify the remaining duct exhaust along with air balancing
of the system in the gun range. All work to be performed during normal business hours.
Exclusions:
Mechanical engineering and plans
The addition of balancing dampers in the existing duct loop
"Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate
complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a
contractor may be referred to the Registrar, Contractors' State License Board, P. 0, Box 26000, Sacramento, CA 65826."
California State License No. 120696
The total price of this work is $24,403.00 Terms of payment, unless modified above, are: 0 down payment and the balance due upon
the receipt of invoice.
Your signed acceptance of this Bid Contract within 30 days October 7, 2021 shall, upon the acceptance of the Seller, constitute a
contract to perform the work described above, including all Terms and Conditions contained herein.
Seller shall be defined to mean ACCO Engineered Systems or its assigns.
Buyer shall be defined to mean the Owner, Owners/Agent, Builder, Architect, lessees, or any person acting on behalf of any of the
foregoing.
Prepared for:
ACCO Engineered Systems
By:
Prepared by: Thomas Martinez, SSE
ACCEPTED for SELLER:
By: m .rye rrr
(Authorized Signature)
NameTtle: G '
Date of Acceptance:
CUSTOMER
ACCEPTED for BUYER:
By:
(Authorized Signature)
Name/Title:
Date of Acceptance:
Agreement No. 6259A
Iw�engineered
TERMS AND CONDITIONS TO BID CONTRACT
1. All work shall be performed during normal working hours unless otherwise staled
herein.
2. ACCO Engineered Systems agrees to maintain in full force and effect a
Workrnen'a Compensation Insurance policy and a Crxnprahans➢ve Liability lnaurance
p040,y in substarrffal amOui to protect all parties to this agreement, tarnishing
Certificates of Insurance„ If required by Buyer,
3, Buyer $half prepare the premises to permit free movement and erection of
materials, providing necessary Openings, supports, cuttlpg, patching, necessary public
uhtlty and steam services. and pay all feas, in accordance with codes and ordinances
unless otherwise Indicated In this Bid Contract.
4. In the event that the Seger encounters any asbestos product or material in the
course of ,performing its work. the SefTer shall have tine right to immediately discontinue
Its work and remove its employees from the project, or that portion of the project
Wherein Such product or materials were encountered, until such time as any hazards
connected therewith are ahuled, encapsutaled or removedandror it is determined that
no hazard exists-, further. Seller shall receive an exlenston of time to complete its work
and compensation for delays encountered and compensation for any thongs to the
sequence of method larks work Occasioned' as a consequence of said encounter,
5, ACCO Engineered Systems extends manufacluner's standard warratnlas on all
new equipment, release or abuse excepted, for a period not to exceed data year from
date Of first beneficial use. which shall be defined as the Start-up Date. ACCO
Engineered Systems guarantees all repaired matadals, 'parts and tabor for a pence of
ninety (90) days from the data or first beneficial use. Those are no warranties,
expressed or implied, other than the above unless so noted herein.
Seller shall not bit liable for ary consequential damages Includfng, but not limited
lo, liquidated damages, fast, of rOntl, interest expense, extended overhead or any other
delay damages of any kind, nature or daWistion It Is expressly understood and
agreed that the Only fla'bilily of Seller Is to replace defedive workmanship or material as
herein above $ot Win.
8. ACCO (Engineered Systems agrees that for a period of ninety (SO) days following
the initial Operation of the installation, it w➢ill replace any refrigerant loss caused by
detects in the equipment, malarial, parts or workmanship furnished under this contract.
freplacemem of ferd'gerant duo to failure or defects other Than Items furnished by Seller
is not Included as o Pori of this agreement,
7. ACCO Engineered Systems shall not be liable for the corrosive or erosive action
Of liquids andlor gases upon the equipment specified and no part of such equipmont
Shop be deemed defective by reason of its failure to resist physical or chemical 'action
of such elements or items upon such egaipmard.
8. This agreement Shah not be binding until duly accepted by an authorized officer of
ACCO Engineered Systems No person has authority to make or claim any
teprOsentaflom warranty, term, promise, or condition, expressed or Impfied,stalulary or
otherwise„ which is trot expressed herein. This agreement constitutes the entire
agreement between the parties avid supersedes and revokes any previous agreement,
written or oral with resped to the tabor, and equipment covered hereby and may not be
amended or modified except in writing executed by the parties hereto.
9. tinder no circumstances shalf the ti'obitluy, of Sailor arising out of the sale or
erection of the equipment hereunder, or arising out of its use, whether on warranties or
otherwise, in any rase exceed the fesser of the following; (a) Cost of correcting
defects in the equipment or workmenstrip; or (b) the difference in value between the
Inst'affalion as ➢nstaff ed and the cdrst of the original Installation thereof, If Installed strictly
as In the contract documents: sat farm, And in no event shall any claims be made by
either party against the other for consequential damages.
10. The Seller shall not be bound by any plans and specifications or conditions,
existing or Otherwise, that have not been presented to or delivered to t for the purpose
of Submitting this bid, nor shall the Sailer be bound by any city ordinances, State laws
or other governmental regulations not in effect at the lime of submitting this bid, or
which had become obsolete and which no longer was enforced by such publlc body
enacting the same..
11, The Belief shall be excused for any delay In completion of this Bid Contract
caused' by acts of God, including but not limited to, wind, rain, flood, storm, tandsll'de„
substdance and earthquake; 'acts of negfeict of owner or archilari or by any employee
Of agent. Of either, acts Of neglect of separate Contractors employed by owner;' 'acls of
public miff➢ties or governmental or public bodies or their' agevu% material :Shonages;'
labor' trouble, labor Slowdowns, sbikm union activity causing,, a reduction In
produdvilyi tire; casualty.' delay in transportation; changes ordered in the work, loture
of Buyer to make payments to Seller as required under this aid Contract, at other
causes beyond the reasonable control of Seller, any of which shelf automafucall,y enil8a
Seller to reasonable as necessary extensions of the completion dale of the work and to
an equitable adjustment of the contract price to compensate Seller for all costs and
expenses of additional labor, service, equipment or material and extended overhead
resulting from any such delay.
If any of the materials specified are not readily available, the Seller may substitute
equally efficient materials or fixtures of generally similar character in lieu of the
equipment, materials or fixtures specified, and it shall allow any differential between the
original cost of the materials specified and the materials furnished.
In the event of inability to obtain labor at union scale or without paying a premium
above such scale, Seller may delay performance until same shall be obtainable without
Premium payment or at the option at the Buyer the letter may require the use of
matedals' Or labor requiring the payment of such excess cast, but upon condition that
the Buyer shall pay such excess.
12. No additional work will be performed unless. Itis authorized in willing by the Buyer..
It the Buyer refuses to sign a written work authorization or change order for the extra.
wOrk. Seller reserves the right to refuse to perform the extra work.
13, 'Should etnhar party hereto bring suit in court to enforce the terms boreal, any
;judgment awarded shall include court costs and reasonable attorney's fees la the
successful paw,
14, Seller assumes no responsibility for The design on those jobs where Sister'
Pre pares working of shop drawings from designs'tanlshed by others„ 'Salter assuntas
no responsltfi➢ly whatsoever for design or operative and rosult under any contract
unless there is affirmatively slated an the Obverse side of INS Blau Contract. a dircot.
undertaking on Sellers part so to do.
15. Selter may suspend What performance under this Bid Contract upon three (3)
days written notice to the Buyer in the event the Buyer is in breach of this Biel Contract
far breach other than non-payment, Notice need not be given If work is suspended due
to non-payment or due to the falfure of the Buyer I'o pay for change orders as provided
herein in the. event Seller elects to Suspend performance„ Seller shall be entiited to
remob➢hzat➢on casts, including profit and overhead, upon the Buyer bringing payments
current or issuing proper change orders for extra work, Such costs will equal actual
losses sustained by Sellerin terminaling and resladlmg work,
16. This contract is entered into upon the understanding that Ill the prosecution of any
work herein spedtied Soler will be allowed sufc➢em time for tee performance of said
work on the basis of a normal elghl�hour day, and in the event that. Bayer or any
subcontractor require Sailer to perform such labor on an avertima basis, than such
additional expense of every kind mind character as Setter' may be requl'r'ad to incur on
account of said overtime labor, shalt constitute an additional charge herein.
117, it is agreed that Buyer is to provide without cost to Softer, proper' hoislhxg
conveyances and scalfatding (including the use of engiri at limes so as to not delay
Setter's part of the work, unless otherwise Indicated in thl's' proposal,
18, Any toss or damage to Sellers work, materials or equipment accuring at the :site
of the project occasioned by late, Hood, earthquake, windstorm, dot or dO commotion
aball be protected by Builders Risk Insurance procured by the cona^acGor air owner
Without cost to Seller.and'Seller shelf reeelve a proportionate share of the amount of
any payment loss under any such policy or policies according as Seller's Interest may
appear.
19. Notwithstanding any provision In Rite plans, specifications, contract between prime
contractor and:. owner,. general conditions, or any contract documents executed by and
between contractor and owner having to do with the subject now stated, Seller shall not
be liable 'tor We cost of correcting defeats occasional by the arts or omissions of
employees at other Subcontractors. the prime contractor„, Owner or any segregated
conlraaclor, to work parfoni by Seliec Before Seiler proceeds with any corrective
work to repair such damage„ the prime contractor, or Other person contracting, Win
Sailor in this Bid Contract„ shalt give Setter an unqualified instruction to proceedpraceed with
she work upon heir responsib➢trly hs compensate Seller therein as an extra.
X The Setter expressly reserves the fight to assign all or any pa lion of its fights
andror duties under this Bid' Contract with, or without notice to the Buyer bereln�
21. In the event Ora Conflict between the terms and conditions of this Bid Contract and
terms and Conditions stated in the plans and specifications, or any other contract
document, including the prime Contact between owner and prime contractor„ the terms
of this Bid Contract shall govern.
22. If, In Seller's opinion, Buyer's credit becomes impaired, Seller' may, at its option,
suspend week and deliveries under this contract until fl has towNed full solltement or
security far Services tendered and Is satisfied as to Buyer's credit for further shipments,
If Buyer fails ar fetuses 10 make Such payment, or givesuch security, then the full
amount due under this Contract at such time„ for labor and Moroi andfor equipment
furnished shelf Immed0taly become due and payable and Better shall have the night
and the option to terminate this agreement. In the event that a Suspension of this
contract Is required because of Buyers doubtful credit, an extension of the time fixed
for the performance of this contract equal to the time of Such suspension, shalt/
aulomaficaliy occur. If legal action Is filer# to effect collection of any, sums due
hereunder, Seller shall be entitled to reasonable attorney fees in addition to all other
damages found to be due hereunder.
ACCEPTED for BUYER:
By:
(Authorized Signature)
NamerTitle:
Date of Acceptance: