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CONTRACT 5311 Public Works Contract CLOSED Agreement No. 5311 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND STANLEY ACCESS TECHNOLOGIES, LLC This CONTRACT is entered into this day o l' aa6h, 2017, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and Stanley Access Technologies, LLC ("the Contractor'). 1. WORK. A. The Contractor will provide all work listed in the Contractor's Proposal, attached as Exhibit"A" (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. C, 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; this Contract; Change Orders and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. 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 Six Thousand Six Hundred Eiaht dollars ($6,608) 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. 1 ic(1�1 A. The Contractor will fully complete the Work within working days (the Contract Time.") B. The Contract Time will commence when this Contract is executed by the parties. 1 Agreement No. 5311 C. The Contractor may not perform any Work until the Contractor furnishes proof of insurance as required herein. 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. 4. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, the Contractor must pay its workers prevailing wages. It is the Contractor's responsibility to interpret and implement any prevailing wage requirements and the Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. The Work contracted for herein is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered with the DIR. No contractor or subcontractor may engage in the performance of any contract for public work unless currently registered with the DIR. No contractor or subcontractor may be awarded a contract for public work on a public project unless currently registered with the DIR. 5. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 6. AB 626 Claims; Process. Claims made by a Contractor for one or more of the following are subject to the claim resolution process set forth in Public Contract Code section 9204: A. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. B. Payment by the city of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. C. Payment of an amount that is disputed by the city. 7. 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 ten (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. 2 Agreement No. 5311 8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold harmless the City of El Segundo and the El Segundo Senior Citizens Housing Corporation, their officers, officials, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, arising from the performance of the contract or work which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract 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 this provision concerning indemnification. 10. INSURANCE. Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER MINIMUM COMBINED OCCURRENCE SINGLE LIMIT Comprehensive General $2,000,000 Liability Business Auto $1,000,000 Workers' Compensation Statutory Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. The City of El Segundo and the El Segundo Senior Citizens Housing Corporation must be named as additional insureds. The Contractor's insurance coverage will be primary insurance as respects the City and the Housing Corporation, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City or the Housing Corporation, their officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City and the Housing Corporation, their officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 3 Agreement No. 5311 Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City and the Housing Corporation, their officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. With respect to the Workers' Compensation insurance, the insurer will agree to waive all rights of subrogation against the City and the Housing Corporation, their officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 11.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. 12.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 (3) years after termination or final payment under the Contract Documents. 13.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 The Contractor City of El Segundo-Public Works Stanley Access Technologies 350 Main Street 4230 Airport Drive, Suite 107 El Segundo, CA 90245 Ontario, CA 91761 Attention: Lifan Xu Attention: Brian Lopez Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) 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. 4 Agreement No. 5311 14.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. 15.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. 16.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; B. Change Orders; and C, Contractor's Proposal. 17.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. 18.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. 19.ACCEPTANCE OF FACSIMILE SIGNATURES. 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 facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20.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. 21.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 22.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 5 Agreement No. 5311 IN ITS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY ' EL SEGUNDO STANLEY ACCESS TECHNOLOGIES G re 'Perl r re rpen r Namw V2 C�40anagg, Title: AN Contract Aidnilnistrator ATTEST: raxpayier, lidentificalion T y r. av,.r y C Ork, 'i APP )VE,D AS TO FORM: ...................... °idnsiey Aw City Attorney Insurance Reviewed by: 6 Agreement No. 5311 I IIIII�II� II111 IIII I II� Brian Lopez Los Angeles Branch !-STANLEY Territory Manager 4230 Airport Drive e Suite#107 Access Technologies Ontario,California USA,91761 Attn:Teresa Estrada Quotation#117096-1 Tel:562-494-3977 Park Vista Senor living Park Vista Fax:888-281-6344 615 East Holly Mobile:949-500-8048 El Segundo,CA 90245 License#1:CSLB#1015340 Tel:310-322-5036 License#2:DIR#1000039155 Email:parkvista @cadmangroup.net Email: Brian.Lopez @sbdinc.com 08 March,2017 Stanley Access Technologies, LLC is pleased to provide you a quotation to Furnish and Install the following: 1 ea.Dura Glide 2000 single sliding door in dark bronze anodized finish 1 ea.1/4"Clear Tempered Glass pack 1 ea.Remove door 1 ea.Break metal for jamb Prevailing wage labor Net Price:$6,608.00 Scope of Work: Furnish an install(1)Dura Glide 2000 single sliding door in dark bronze anodized finish,Narrow stile,surface mounted,Access control with panic hardware and electric locks, 1/4"Clear tempered glass Keyed position switch Jamb mounted, Remove existing door leave existing threshold. Lead Time/Warranty: Lead Time:Current equipment lead time is 6 weeks from receipt of order and approved dimensions.Equipment is furnished and installed during normal business hours,(8:OOAM to 4:30PM,Mon-Fri). Warranty:l year parts and labor.During normal business hours Mon-Fri 8:OOAM to 4:30PM. Exclusions: —Delegated Design. —Structural Review(no seismic review). —Permits&inspections by others. Gwif edFayral vailin W -� �° i^oll: Cleaning and protection of installed material. —E CLI)Sl'ON& —Any other glass that is not listed above —120VAC electrical feed to header,Excluding Delegated Design,Engineering Calculations,Wind Load Rated Doors, 3-D Drawings, alarm contacts,low voltage wiring(i.e.conduit,wire pulls to remotely located activation devices,fire alarm wiring,panic hardware wiring or any other wiring that is required to finish job),preparation of opening,break metal,final clean,security and fire alarm control wiring,doors,frames and any additional hardware other than listed above. Special finishes or custom sealants if required Glass and glazing by others. Concrete work of away type including track recessed if required. Costs of fees and permits if M required. l�rev�ail''ing ayagp l�l�,oa°attr9es�othr�rayisa aaoted, Bond rate and anything not specifically included above is excluded. If you would like to pay by Credit Card,please contact us at 1(800)722-2377 Ext.6. We accept the following Credit Cards: VISA ". . Agreement No. 5311 IIIIIIIIIIIM�,-STANLEY N IIIIIIIMIIIIIM Brian Lopez Los Angeles Branch Territory Manager 4230 Airport Drive e Suite#107 Access Technologies Ontario,California USA,91761 Attn:Teresa Estrada Quotation#117096-1 Tel:562-494-3977 Park Vista Senor living Park Vista Fax:888-281-6344 615 East Holly Mobile:949-500-8048 El Segundo,CA 90245 License#1:CSLB#1015340 Tel:310-322-5036 License#2:DIR#1000039155 Email:parkvista @cadmangroup.net Email:Brian.Lopez @sbdinc.com Conditions:Acceptance of this Quotation by purchaser shall constitute an order and is a contract for the purchase of the items& services described herein.The terms of this contract are as follows: Payment by purchaser to Stanley is"Net 30 days",subject only to contract termination by Stanley in the event of an adverse credit decision by Stanley's Credit Department. Payment is not contingent upon purchaser's receipt of moneys from owner or any other source.Purchaser acknowledges that the goods which are the subject of this contract are not returnable and will typically be custom fabricated by Stanley. Unless specifically set forth in this quotation, prevailing wages and specific workforce requirements are excluded.The following shall represent events of default by purchaser in the terms of this contract:non-payment in accordance with the terms set out herein,cancellation of this order by purchaser or refusal by purchaser or its agent to accept delivery of the goods from Stanley. In the event of default by purchaser,purchaser agrees to pay Stanley the contract price for all work completed by Stanley to the date of default or cancellation as well as all of Stanley's costs and expenses incurred in enforcing the terms of this contract including,but not limited to a reasonable attorney's fee,collection and court costs.This contract shall be governed by the laws of the State of Connecticut,which state shall have exclusive jurisdiction. Except for purchaser's payment obligations, neither party shall be liable for any failure under this agreement due to acts of nature,acts, regulations or laws of any government; riot,strike,or labor dispute;destruction of product facilities and materials by fire,earthquake or storm;failure of public utilities or common carriers;or any other causes beyond the reasonable control of the affected party. Unless accepted by purchaser,this quotation shall expire ninety days from the date hereof. Sales tax is not included in this Quotation. This document is a contract.I affirm that I have authority to sign this contract and this is my acceptance of this Quotation as well as my authorization to proceed with the above stated work at the price of$ ,plus applicable sales tax. Signature:-................... Title: ........._.... __ _._. Name(print): Date: Ref# If you would like to pay by Credit Card,please contact us at 1(800)722-2377 Ext,6. We accept the following Credit Cards: Vairror h � � IQ, a�; ° Agreement No. 5311 Farrokh Abadi,President 65 Scott Swamp Rd Farmington, CT 06032 0: 860 409 6567 1 F: 860 679 6495 Farrokh.Abadi @sbdinc.com AUTHORITY TO SIGN BRANCH CONTRACTS & BUSINESS LICENSES FOR STANLEY ACCESS TECHNOLOGIES LLC I. Bethany Bradley is authorized to act as a designated signatory representative of Stanley Access Technologies LLC to commit the company for contractual obligations and business/occupational licenses in accordance with the aims and objectives of the company, 11. SCOPE: • Authority to sign contracts that are essential to day-to-day operations • Authority to sign businessloccupational licenses • Authority to sign branch contracts limited to$35,000 unless specifically authorized in writing by the Product Group President Ill. DURATION: January 3,2017 to December 31, 2017 IV, Further delegation of this authority can occur only under certain conditions as authorized by the 6 Product Group President. V. The authority as stated in paragraphs I, II, 111, and IV is automatically rescinded upon promotion, transfer, retirement, resignation or termination. Farrokh Abaci Date President Stanley Access Technologies LLC STATE OF CONNECTICUT ) ) SS: COUNTY OF HARTFORD ) Dn this 19 day of January 2017, before me personally came and appeared Farrokh Abadi to me known,who is being by me duly sworn, did depose and say that he is the President to Stanley Access Technologies LLC, a wholly-owned subsidiary of Stanle �fia lac e ,,et a Delaware Corporation and that he duly signed his name authorizing the signat authority ,b C. Z` - .., Notary Public My Cou�u�o'o rXi'ipr c, 1 G1 1mlul11" 62015 STANLEYAccess Teclmolocgies LLC 1 02015 STANLEY Security Solutions,Inc