CONTRACT 6531B AmendmentAgreement No. 6531 B
SECOND AMENDMENT TO
AGREEMENT NO. 6531 BETWEEN
THE CITY OF EL SEGUNDO AND
UNITED SITE SERVICES OF CALIFORNIA, INC.
THIS SECOND AMENDMENT ("Amendment') to Agreement No. 6531 (the "Agreement") is
made and entered into this 61h day of September 2023, by and between the CITY OF EL
SEGUNDO, a general law city and municipal corporation existing under the laws of California
("CITY"), and United Site Services of California Inc., a California corporation
("CONTRACTOR"). The parties agree as follows:
The Agreement is amended to augment Agreement Exhibit "A" to include the
additional services set forth in Exhibit `B" to this Amendment on the dates set forth
therein.
2. As consideration for the additional work set forth in Amendment Section 1, above,
the CITY agrees to pay CONTRACTOR an amount to exceed $6,522.60.
3. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitutes one instrument executed on
the same date. In accordance with the Government Code § 16.5, the parties agree that
this Amendment will be considered singed 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.
4. Except as modified by this Amendment, all other terms and conditions of the
Agreement remain the same.
[SIGNATURES ON NEXT PAGE]
Agreement No. 6531 B
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SE O
Aly Mancini,
Recreation Parks, and Library Director
ATTES
D (n6=� Taxpayer ID No.
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
boa utt
Vaz ue, _..
Assis City Attorney
Agreement No. 6531 B
Exhibit A
Quote No.: 414-2467577
Sell To: City Of El Segundo Parks & Rec
SANTOS HARO
401 Sheldon St
EL SEGUNDO, CA 90245
Cust. #: USS-1601479
Phone: 310-524-2893
Comments & Speclal Instrucllons m-
11wOftice:
nritymi
SITE SERVICES "iD
Marcella. - r
Site Service Quotation
Quote Date: 09/06/23
Quote Expires: 10/06/23
Ship To: WORLD SERIES LIL LEAGUE
7 locations TBD
EL SEGUNDO, CA 90245
Attn: TBD
Terms: Due Upon Receipt
QUOTE PROVIDED REFLECTS 7 DIFFERENT ORDERS/LOCATIONS COMBINED FOR PO PURPOSE (6 ON MAIN ST & 1
PARK)
WE WOULD DELVIER AND BILL OUT 7 LOCATIONS EACH RECEIVING: 3-DXR'S, 1-ADA'S, & 1-2SSHANDWASH
UNITS TO BE ZIP TIED CLSOED AT DELIVERY
DEL FRI 9/8 ANYTIME BETWEEN 7AM AND 2PM
REMOVE MONDAY 09/11 ANYTIME
POC FOR EACH SITE TBD:
..__,.e
Aim-
Unit—
�+ rom
Quantit F
Thru
m ......
Unit Price
__-_t .._
Total Price
Deluxe Restroom
EA
21 09/08/23
09/11/23
45.00
945.00 one time
Deluxe Restroom
EA
21 09/08/23
09/11/23
65.00
1,365.00 one time
Hand Sanitizer
EA
21 09/08/23
09/11/23
35.00
735.00 one time
Toilet Seat Cover
EA
21 09/08/23
09/11/23
15.00
315.00 one time
Delivery, Setup, Removal
EA
21 09/08/23
09/11/23
15.00
315.00 one time
Deluxe Restroom Subtotal: ...... ..............
......... . ...........
3,675.00
ADA Wheelchair Accessible
EA
7 09/08/23
09/11/23
125.00
875.00 one time
ADA Wheelchair Accessible
EA
7 09/08/23
09/11/23
75.00
525.00 one time
Hand Sanitizer
EA
7 09/08/23
09/11/23
35.00
245.00 onetime
Toilet Seat Cover
EA
7 09/08/23
09/11/23
15.00
105,00 one time
Delivery, Setup, Removal
EA
7 09/08/23
09/11/23
15.00
105.00 one time
ADA Wheelchair Accessible Subtotal: ...
I .......
. . . . ........ 1............
1,855.00
2 Station Sink
EA
7 09/08/23
09/11/23
45.00
315.00 one time
2 Station Sink
Fro
7 09/08/23
09/11/23
40.00
280.00 one time
Delivery, Setup, Removal
EA
7 09/08/23
09/11/23
15.00
105.00 onetime
2 Station Sink Subtotal: . . . . . . . . . .
. . . . . . . .. . ...... ..... „ ... .... , .. ,
700.00
Subtotal: 6,230.00
Accepted: Date: Tax: 292.60
Remit To: United Site Services, PO Box 660475, Dallas, TX 75266-0475 Total: 6,522.60
NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the
terms and conditions on the last page of this document for more information.
Agreement No. 6531 B
1. Aaeplence. Customer shall be deemed to have accepted these (arms and conditions CAgreemam') upon the
earliest or, (i) two business days after receipt of a Company invoice; (t) delivery of Equipment including, among
olhen, portable reslrooms, trailers, feacmil. falloff dumpster, portable storage containers, andior temporary
power equipment (collectively or individually, the'Equipmenfj to the Customers ted site Mie'Stel
and use or acceptance thereof; (vial acknowledgment or other conduct of Customer (including payment against
any invoice), or (iv) Company's performance of any services Customer has recItiesiod. This Agreement
supersedes any inconsistent terms of any purchase order or other Customer documents. All agreements are
subject to approval by Company.
2. Payment Terms. Customer shall pay at charges due to Company during the term (the'Periadl shown on
the relevant invoice. If credit is approved by Company, invoices are due and payable 10 days from the dale on
the invoice, If credit is not approved by Company prior to performance, invoices are due and payable by credit
card payment before Company will begin performance of the Services. The fees charged by Comparry apply to
the full Period end shall rnotbe prorated (Le., charges for less then a full Period shallnot be prorated), Customer
shall be liable to Comparvy for oil collection expenses (inclui irng reasonable ataneys' fees), and interest at the
role of 1.5% per month, or such lesser rate as may be the maximum lawful rate, on all overdue accounts.
Customer shall pay all addit chat charges for services separately requested or made necessary by Cualoner s
breach of this Agreement, iticludiiing moving/relocation charges, special service charges, and special delivery
and removal charges. For payments by clack, Customer auffrorizes Company to use irilromiation, from
Cuslom Ws check to make a one-time electronic fund transfer from Chslomees accounl or to process and pay
for the Iransacbm as a check. Customer shall pay all taxes, ind4droff sales lax, license Fees and peril fees
arising out of the use of the Equipment Ouslomer shelf pay such taxes whether such taxes are shown on the
releventinvoice orwhether such taxes are later claimed by a governmental willonly, In the event of a claim by
a govemintental agency for !axes related to the Equipment, Customer shag pay to Company such taxes on
demand.
3. Service. Company offers servicing as an option on all portable restrooms. If Customer orders serviorg.
Company will remove any domestic septic waste rCSW7 from portable fastrooms on the service days)
scheduled by Company, If Company is unable to service the Equomerd as scheduled due to a holiday.
Inclement weather, site restrictions, site inaccessibility or other rircumstmees, Company shall service the
Equipment onlhe next availablebusiness day subject to Company's otherser Ace commitments. Customer shall
provide Company timely, sufficient, and unobstructed access to Equipment, including extended hours orafter
business hours access, as necessary to Worm Services. The pricing of this Agreement is based upon easy
access to Site, fir and level ground and a dry location. Company will not remove say waste deer than DSW
from portable restrooms.
4. Damage Waiver. Pricing attachment induced hererrt shag include the bereft of the Company damage
waiver program that covers at Damage occurred trough any acts of God, or accidental structural damage to
all potable restimms, hand washing star ors and holding tanks. EXCEPT @ Customer shag be iahle for theft
or disappearance of any Equipment and for any losses or damage resulting hem any w&I or negligent acts or
omissions of Customer or any of its agents, contractors, oremptoyees; end (i) Customershall axenase all rights
available under its insurance required by Section 9 hexed, and Customer shot take all actions necessary to
process and pursue at insurance claims. Customer shag pay Company the actual cost o[repair or replacement
rdthe Equipment. The Customer shelf not be responsible to Company for any minor wear and tear undernoral
rd'tl'ization and or any damage caused by Company_ Customer shag prampgy no* Company of any loss or
damage to the Equipment and shall provide Company with copies d allreporls relaing to same, including police
reports. informal investigation reports, and insurance reports. Tbfe Damage Waiver does not apply to
Portable restrooms, hand washing stallms and holdfog tanks eontsmhnated with Hazardous Materials
while in the Customer's possesafon. When Compahhy Pedonns at the GU$taners , Company is not
liable for damage caused to the equipment or dome" caused to delivery location or truck access path, except
to the extent caused by Company's sole negligence or willful misconduct
5. Equipment Responsibility. Company will deliver the Equipment to the Ste at the iomlion selected by
Customer at the Period's commencement. Cuslarmer warrens and represents it is safely mistionsible for and
has exercised due diligence and care in selecting a safe location at The Site for placement of any Equipment,
and further agrees 10 drect and supervise the EquipmenCs placement, Title to of Equipment remains with
Company. Customer shall not modify or move the Egripmeal rmm crwbnin the Site absent Company's written
consent. If C ulomermoves the Equipmarl from or within the Site without Comperty's written consent, Customer
immediately assumes ad responsibility and liability for at losses and doss inhxrred by Company. Customer
warrants and represents 0 is familiar with the safe and proper use of the Equipment, Customer shag hot sell,
rent, Is. or otherwise lose possession of the Equipment nor shall Customer permit any kea to be placed on
to Equipment Customer acknowledges that Company has no control over the use of the Equipmew by
Customer. and Customer agrees to comply, at Customefs sole enpum, with at applicable govemmerdal and
quasi- govemmenlaf laws and guidelines, including ANSI Standard Z4.3 aid PASTS published requirements in
ils'Guide for Clean Portable SaNtation . 9 applicable. Customer further agrees to () Dwain acl comply with all
applicable governmental and quasiogovemmental licenses, permits, regiWalions, permissions, and other
approvals (Permits') applicable to the Equipment (including, but not limited to, Permits slowing the delivery
and placement of the Equipment at the Ste); and (i) comply with all applicable Penis held by Company
applicable to the Equipment,
6. Equipment and Service Sekctloo. Customer represents and warrants that it has chosen the type of
Equipment, the number of Equipment tads, the type of Service and the kequency of Service based on the
exercise or its am due ddigemce and care in assessing its own needs and is not relying on any information
provided by Company in making any such choices.
T. Equipment Contamination. Customer represents and warmas that any waste malerid to be collected in
the Equipment or disposed of by Company does rwt include any radioactive, volatile, biohazadous (excluding
noninfectious DSW), flem"WA, explosive, special waste, or hazardous materials (including but not smiled to
asbestos, peboleurw, paints and any subssnce identified by a governmental agency as being hazardous or
toxic) or their equivalent (nolectively. 'Hazardous M "). At at times. Customer shall hold at tide to and
iabiity far all waste material. Comparrywig notremove [am, Hazardous Malerias, oreppliances from dunpsters
(collectively,'Prohdited Waste'). Customer will be responsible for at removal, cleanup, renedalion, lines,
penalies, and otxx costs arising homm orralaing to the presence of Prohibited Wasteatrhulahre to Customer s
possession of the Equipment. Customer will be respon9lble for at Ines or panties on overweight containers,
Mattresses of other bulky hams found in dumpsters may resuft in additional fees, If Prohibited Waste is found
in or around the Equipment, Customer shall grange and pay fox separate removal, disposal and romedlewo of
such waste and Equipment Customer may riot terminate The Period and shot be responsible for all accrued
charges unlit such Prdhibited Waste is removed and the Equpmenlis romedialtd,
8. Liability d Indemnification, Except to the extent Customer is net liable under the Damage Waiver program
described in Section 4. Customer agrees to defend, indem my and fold harmless Company to themaxinwn
exterApernutted bylaw against and forallclaims, lawsuits, damages, expenses,penallies,frtes,and ofinertosses
arising thin of any of (a) the rental, delivery, condition, possession, maintenance, use or operation of Equipment
delivered to or rented by Customer, inducting but not limited to any claims that might be b"ht against only
Company by an employee of Cuslomet, (b) waste material cotectiod in the Equipment or disposed of by
Company. or (c) any damage to underground pipes, sewers, wires, conduits or utilities resoling from
Customer's failure to comply with Section 14. Customers indemnity all defense obigadons apply to the
maximum extent permitted by low tosit wolm dan"%and lossos regardless dwdaatiorsame are caused
or are alleged to have been caused, in whole or is pal by Company's. C saoarra s, or a tvrd parys acts or
onissiohs, except that Customer will have noobl tor'coda+mnlyordefend Company To the eidertthe injury,
damage, or less was actually caused by Company's sole negligence or willful m1soonduct, Customer expressly
agrees and will cause its insurer toaccept a lender by Company to Customer of any claim arising out of the rental,
delivery, condition, possession, maintenance, use or opensAon of the Equipmarit. Company, its officers, directors
and agents shot not, under any circumstances, be liable to Customer for consequential, incldertal, special,
exemplaryerr punitive damages arising out of or relatkrg to the Equipment. Customers exclusive remedy forany
claims or causes of action arising out or or related to the Equipment shall be recovery of direct damages in an
amount not to exceed the amount paid by Customer for use of the EquipmenL
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ALL EQUIPMENT IS PROVIDED TO
CUST041ER'AS IS: -WHERE IS' AND iMTH ALL FAULTS,' AND THERE ARE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND. EXPRESS OR IMPLIED. WITH RESPECT TO THE CONDITION OR
PERFORMANCE OF THE EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
9. Assumption of Risk; insurance. Customer assumes all risk of and liability for injury (including death) To any
person or property and for all other Mks and ilablike arising from the rental, delivery, condition, possession,
mamleri ante, use or operel[onof the Equipment. Customer agrees, at its own expense and alall Imes during the
term of the Agreement; to maintain Commercial General Liability ('CGLI insurance with limits of rwt less than
$1,000.OM per occurrence for sums Ihat an insured must pay as damages bemuse of body i*q or piny
damage arising out of the condition, possession, maintenance, use, operation: erection. demon ling, servicing
or transportation of the Equipment. Customer and is agents will cooperate with Company and Customer's
insurers in any claim or suit arising therefrom mid will der nothing to impair or invabdsl a the appl cable insurance
coverage. In addition, Customer agrees, al its own expense all at all times during the term of the AgreemenL
to maintain Properly Insurance in an amount adequate to cover any damage to, or [ass of, the Equipment.
Customers Property Insurance must cover non -owned Equipment while in Customer's rare, custody and
control. Customer agrees to add Company as so Additional Insured and Loss Payee on at insurance required
by the AgreemmL Customer's CGL insurance must be primary and nowconln "my with any insurance
maintained by Company and must include a waiver of wbrogation in favor of Company, The amount, terms and
conditions of the insurance maintained by Customer must be re sorrstty acceptable to Company. Customer
agmes to abide by at terms and conditions of all such irsurianw. Customer agrees to provide Company with
Certificates of Insurance ('0O1') evidencing the insurance required by the Agreement, Comperry's acceptance
of Customer's COI will not be deemed a waiver ormodifieation of Customers insurance, indemnity, or any other
obkgalionsuaber the Agreement, The provisions of this Section 9 are in addition to, and do not lino, quality, or
waive any obligations of Customer under this Agreement, including but riot imbed to Customer's obligations,
under Section 8 above. Customer's futfAmord of is insurance obigatioms does not limit Customers kabilily
under Section 8 above. The provisions of Section 8 above does not limit orgraldythe provisions of this Section
9 or the scope of insurance coverage provided to Company as an Additional Insured or Loss Payee.
18. Termination. Company may terminate Rds Agreement and immediately mama the Equipment if ()
Customer lulls to pay any amount when due, (i) Customer breaches the Agreement. (w7 there is a leas of or
damage to the Equipment, Cry) a lien is placed, or is proposed to be placed, an any Equipment (v) a proceeding
in bankruptcy or for outer protection from aeditais is commenced by or ag" Customer, or (vi) Compeury's
convenience. Company shall not be respoinsiWa for losses clue to removal of Company's Equipment pursuant
to this PrAwsph.
11. Governing Law, Non -Waiver; Amemdmenb. This Agreement is governed by the laws of the state where
the Site is located, without giving effect to pnfncipkhs of conflids of laws. Each party submits to the jurisdiction of
any stale or "rat court sitting in such stale in any scion or proceeding arising ohm of or Falls" to this
Agreement No failure by Company to exercise any right hereunder shall operate as a waiver of any other fight
hereunder, and a waiver of any right on one occasion shell not constitute a waiverofany such r4M on any future
occasion. At modifications to this Agreement must be in a wrung signed by both parties.
12, Errors a Omfssrons. Company reserves the dghl to correct any erroneous information that may appear in
an invoke including, without limitation, Customers name or address, or billing amounts.
13. Fencing. For fence rental and installation, any now fence orders are subject to a minimum install fee and
will be fisted on the face of this agreement. t the fence is required for an additional length of time beyond the
mifal ter listed on the face of bs agreement. a residual (rental) fee well apply to an tam and related products
on site. This residual percentage amounl wit appear on your agreement and well be invoiced each being cycle
until the fence is removed. M partial deliveries and removes are subject to a min nnum trip charge as oudined
in Ow agreement. Company does notengage in or sip W*ct tabor s (PLA). Ciustom will. however,
provide tense to our customers for selFkhslatshion in these instances. Customer is responsible to provide the
current project wage rates to Company, and company reserves the right to coned invoices at any time. should
adjustments be required to account for any wage determinations or wage rates, Customer slat establish at
Property fine stakes and grade slakes. Unless otherwise agreed, lances shall follow ground lines Level. Prior to
install. Customer shelf provide Company with the location and charmer of any underground pipes, sewers,
wires, Module, obatnutions, candtiora, or restrictions which may interfere with or be damaged at install or
t emeft. Customer shall notify any and at underground service arntikes in advance of install. Customer shalt
cooperate fully in Company's installation by (a) clearing a sufficient watdg area of at obstructions and
removable hazards, including clearing all Ines and breath for six feet on either side of Imes, location, (b)
surveying, gracing, locating, and staking fence lire and eforigymilivedrying at property and u1Aty lines, (c)
nofdying and safeguarding Company of at potential hazards, and (d) 000dhaerhg Conpery's work with all
others on the Site_ Company may extend install deadlines and Customer shall pay far arty expenses resulting
tom Customers compliance with these terms Customer is responsible for all reloeatioMeeirstetation costs.
Customer shag inspect and accept the fence within Iwenly4ow (24) hours of installation.
14. Conditional Payments, Any payment that Customer sends Company for less than the full balance due that
is maked'pald in fur or contains a similar notation, or that Customer otherwise lenders in keg satisfadion of a
disputed amount, must be sent to the address fisladiin Section 16. Company reserves at rights regarding these
payments (e.g., Company may accept the check and Customer will still owe any remaining balance), Company
may refuse to accept tiny such payment by rehuming it to Customer, not cashing if or destroying A.
16. Pike Adjustments: Company reserves the night to impose a price irrsew at any time with or wthout
notice to Customer. Company retains the right to impose a fuel and inflation charge to invoices at Company's
discretion.
IS. Notices. Any required notice shag be in writing delivered to United Site Services, Inc.118 Flanders Road,
Sterile 1000. Westborough, MA 01581 Ath- (Legal DepaMent). Any nWice given pursuant to this Contract shell
be considered duly given when received by the represevdativas of the panes hereto. For information about our
privacy practices. go to