HomeMy Public PortalAbout2024-02-09 Chapman Park Restroom Renovation Agreement - Genesis Builders, Inc. dba K2 PaintingCITY OF FULLERTON
AGREEMENT
THIS AGREEMENT, made and entered into at Fullerton, California, by and between the City of
Fullerton, a municipal corporation, hereinafter designated as the Contracting Agency, and
GENESIS BUILDERS, INC. dba K2 PAINTING
6895 OLSO CIRCLE, SUITE F
BUENA PARK, CA 90621
hereinafter designated as the Contractor,
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE I
That this Contract consists of this Agreement and, as applicable, the Invitation to Bid, the Request
for proposal, Special Provisions/Specifications, the Accepted Bid, the Drawings, all addenda as prepared
prior to date of bid submittal setting forth any modifications or interpretations of any of said documents
and any and all supplemental agreements heretofore or herewith executed amending or extending the
work contemplated and which may be required to complete the work in a substantial and acceptable
manner, all of which are referred to as the Contract Documents. All of the provisions of all of said Contract
Documents are hereby incorporated in and made a part of this Agreement as if fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by the
Contracting Agency as set forth in said Contract Documents, the Contractor agrees with the Contracting
Agency to do the work and furnish the materials in accordance with the said Contract Documents, which
work is generally referred to as
CHAPMAN PARK RESTROOM RENOVATION (CIP 54054), and
to furnish at Contractor's own cost and expense all tools, equipment, services, labor, and materials
necessary therefor, and to do everything required herein and by said Contract Documents.
ARTICLE I I I
For, and only in the event of, the furnishing of all the said services and materials, the obtaining of
all permits and licenses of a temporary nature; the furnishing and removing of all debris and temporary
work structures and temporary work installations, tools and equipment, and the doing of all of the work
contemplated and embraced in the said Contract Documents, also in full payment for all loss and damage
arising out of the nature or performance of the aforesaid work during its progress or prior to its
acceptance, from the action of the elements, and from any unforeseen difficulties which may arise or be
encountered in the prosecution of the work, and for and from all other risks of any description connected
with the said work, also in full payment for all expenses incurred by or in consequence of the suspension
or discontinuation of the said work, except such as in the said Contract Documents are expressly
stipulated to be borne by the Contracting Agency and for well and faithfully completing the work and the
whole thereof within the stipulated time and in the manner shown and described in the said Contract
Documents and in accordance with the requirements of the Public Works Director of said City under
them; the Contracting Agency will pay, and the Contractor shall receive, in full, compensation therefor,
the prices set forth in the Accepted Bid,
ARTICLE IV
The Contracting Agency hereby promises and agrees with the said Contractor to employ, and
does hereby employ the said Contractor to provide the material and to do the work according to the terms
and conditions contained and referred to in the said Contract Documents for the price aforesaid, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the said
Contract Documents, and that the obligations and benefits of this Contract shall be binding upon and
inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and
assigns.
ARTICLE V
No work, services, material, or equipment shall be performed or furnished under this Agreement
unless and until a notice to proceed has been given in writing to the Contractor by the Contracting Agency,
and the Contractor shall commence work within five calendar days from the date specified in a written
notice to proceed.
ARTICLE VI
When applicable, Contractor and all subcontractors are required to pay the general prevailing
wage rates of per diem wages and overtime and holiday wages determined by the Director of the
Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and
implemented by the City Council of the City of Fullerton. The Director's determination is on file and
open to inspection in the office of the Public Works and is referred to and made a part hereof; the
wage rates therein ascertained, determined, and specified are referred to and made a part hereof as
though fully set forth herein.
By Resolution No. 6173, the City Council adopted the general prevailing rate of per diem wages
as determined and published by the State Director of the Department of Industrial Relations, pursuant to
Sections 1770, 1773, and 1773.1 of the California Labor Code. Copies of these rates, the Federal Wage
Rates, and the latest revisions thereto are on file in the office of the City Engineer and are available for
review upon request. The contractor shall also comply with Sections 1771, 1774, 1775, 1776, 1777.5,
1813, and 1815 as required by the California Labor Code.
In addition, Contractor is required to post all job -site notices prescribed by law or regulation (Labor
Code § 1771.4(a) (2)) and this contract is subject to compliance monitoring and enforcement by the
California Department of Industrial Relations (Labor Code § 1771.4(a) (2))
Contractor shall keep, make available, and submit to the Engineer upon request, certified payroll
records as prescribed in Labor Code §1776.
ARTICLE VII
Apprentices: Attention is directed to sections 1777.5, 1777.6 and 1777.7 of the California Labor
Code concerning the employment of apprentices by the contractor or any such subcontractor under him.
Contractor must comply with the statutory requirements relating to the employment of apprentices.
ARTICLE VIII
This Agreement shall be governed by and construed in accordance with laws of the State of
California. Specifically, Government Code Section 9204 (A summary of which is attached hereto as
City of Fullerton Agreement - Page 2 of 10
Attachment "A"). If any disputed portion of the claim is not resolved with the procedure set forth in
Attachment "A", prior to commencing suit in a court of competent jurisdiction, any unresolved
portion of any controversy, dispute or claim arising out of the Agreement shall first be submitted
to an alternative dispute resolution process as set forth in the following paragraph herein. Any action
at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights
provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of
Orange, State of California. In the event either party hereto shall bring suit to enforce any term of
this Agreement or to recover any damages for and on account of the breach of any term or condition
of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs
thereof, including reasonable attorneys' fees, to be set by the court in such action.
In the event that there is any controversy, dispute or claim arising out of or relating to this
Agreement, which have not been resolved pursuant to the process outlined in Attachment "A", the parties
hereto shall consult and negotiate with each other and, recognizing their mutual interest, attempt to
reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days,
the matter shall be submitted to nonbinding arbitration ("Process") by written notice from either party to
the other. The parties shall meet and confer in good faith and select an arbitrator that is agreeable to
both sides. The Process shall be completed no later than 120 days ("Process Period") after tender of
the aforementioned written notice, unless the Parties mutually agree to an extension of the Process
Period. If the matter is not successfully resolved by the Process, within the Process Period, the parties
are free to commence litigation in a court of competent jurisdiction as defined in previous paragraph
herein. Any litigation commenced without both parties' consent prior to the end of the Process Period,
shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear
the cost of the Process.
ARTICLE IX
The Contracting Agency will provide Contractor timely notification of the receipt of any third -party claim
related to the contract (Public Contract Code §9201(b)). The Contracting Agency is entitled to recover
its reasonable costs incurred in providing the notification (Public Contract Code §9201(c)).
ARTICLE X
The Contracting Agency shall comply with Public Contract Code §20104.50 as follows:
20104.50.
(a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay
their contractors on time so that these contractors can meet their own obligations. In requiring prompt
payment by all local governments, the Legislature hereby finds and declares that the prompt payment of
outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy
relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and
declares that all government officials, including those in local government, must set a standard of
prompt payment that any business in the private sector which may contract for services should look
towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an
undisputed and properly submitted payment request from a contractor on a construction contract shall
pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010
of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the
following:
City of Fullerton Agreement - Page 3 of 10
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt
for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall
be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A
request returned pursuant to this paragraph shall be accompanied by a document setting forth in
writing the reasons why the payment request is not proper.
(d) The number of days available to a local agency to make a payment without incurring interest pursuant
to this section shall be reduced by the number of days by which a local agency exceeds the seven-day
return requirement set forth in paragraph (2) of subdivision (c).
(e) For purposes of this article:
(1) A "local agency" includes, but is not limited to, a city, including a charter city, a county, and a city
and county, and is any public entity subject to this part.
(2) A "progress payment" includes all payments due contractors, except that portion of the final
payment designated by the contract as retention earnings.
(3) A payment request shall be considered properly executed if funds are available for payment of the
payment request, and payment is not delayed due to an audit inquiry by the financial officer of the
local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any
contract subject to this article.
ARTICLE XI
Trenching Requirements. Any public works contract which involves digging trenches or other
excavations that extend deeper than four feet below the surface shall comply with the following:
Contractor.
Contractor shall promptly, and before the following conditions are disturbed, notify the local public entity,
in writing, of any:
a. Material that the contractor believes may be material that is hazardous waste, as defined in
Section 25117 of the Health and Safety Code, which is required to be removed to a Class I,
Class I I, or Class III disposal site in accordance with provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those indicated by
information about the site made available to bidders prior to the deadline for submitting bids.
c. Unknown physical conditions at the site of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided
for in the contract.
The Contracting Agency:
The Contracting Agency shall promptly investigate the conditions, and if it finds that the conditions do
materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's
cost of, or the time required for, performance of any part of the work shall issue a change order under
the procedures described in the contract.
City of Fullerton Agreement - Page 4 of 10
Dispute:
In the event that a dispute arises between the Contracting Agency and the Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the
Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be
excused from any scheduled completion date provided for by the contract, but shall proceed with all work
to be performed under the contract. The Contractor shall retain any and all rights provided either by
contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE XII
The Contractor agrees to procure and maintain throughout the duration of this Agreement,
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work as detailed in Attachment 'B'.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed this
9th day of February , 20 24
CITY •F FULLERTON: CONTRACTOR:
City M : - a• er
City o Fullerton
APPRO ED AS FORM:
By:
Richard
City Attorney
Signature
Name: Tae Yoon Chung
Title: President
Contractor: Genesis Builders, Inc. dba K2 Painting
License No. 1004198
City of Fullerton Agreement - Page 5 of 10
ATTACHMENT "A"
SUMMARY OF PUBLIC CONTRACT CODE § 9204
A "claim" is a separate demand on the City by a contractor on a public works project and sent by
registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay;
• Payment by the City of money damages under the terms of the contract;
• Payment of an amount that is disputed by the City.
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which
to review the claim and provide the contractor with a written statement identifying the disputed and
undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed
rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the
statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the
contractor may request in writing an informal conference to meet and confer for possible settlement of
the claim. The City will schedule the meet and confer conference within 30 days of this request and
provide a written statement identifying the remaining disputed and undisputed portions of the claim within
10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of
issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor
must submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing
the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of
the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors
may submit claims via this procedure through the general contractor. The City and contractor may waive
the requirement to mediate, but cannot otherwise waive these claim procedure.
City of Fullerton Agreement - Page 6 of 10
ATTACHMENT "B"
SUPPLEMENTAL INSURANCE INFORMATION
The Contractor shall procure and maintain throughout the duration of this Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees, or
subcontractors. The Contractor shall provide current evidence of the required insurance in a form
acceptable to the City and shall provide replacement evidence for any required insurance, which expires
prior to the completion, expiration, or termination of this Agreement.
Nothing in this Section shall be construed as limiting in any way the Indemnification and Hold Harmless
clause contained herein or the extent to which the Contractor may be held responsible for payments of
damages to persons or property.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE (Additional requirements maybe required based
on scope of work to be performed)
1) Commercial General Liability Insurance: CONTRACTOR shall maintain commercial general
liability insurance coverage in a form at least as broad as ISO Form # CG 00 01, with a limit of
not less than $2,000,000 each occurrence. If such insurance contains a general aggregate limit,
it shall apply separately to the Agreement (ISO CG 25 03 or CG 25 04) or shall be twice the
required occurrence limit.
2) Business Automobile Liability Insurance: CONTRACTOR shall maintain business automobile
liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not
less than $2,000,000 each accident. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
3) Workers' Compensation and Employers' Liability Insurance: CONTRACTOR shall maintain
workers' compensation insurance as required by the State of California and employers' liability
insurance with limits of not less than $1,000,000 each accident.
If project involves environmental hazards:
4) Contractors' Pollution Legal Liability. and/or Asbestos Legal Liability, and/or Errors & Omissions
CONTRACTOR shall maintain project specific pollution or asbestos pollution liability insurance
with a minimum limit of $1,000,000 each occurrence and $2,000,000 policy aggregate. If the
coverage provided applies to asbestos related losses, the policy shall be endorsed to cover losses
caused by either work performed or by any occurrence. Completed operations shall not be
limited. If the services involve lead -based paint or asbestos identification/remediation,
CONTRACTOR'S pollution liability policy shall not contain lead -based paint or asbestos
exclusions. If the services involve mold identification/remediation, CONTRACTOR'S pollution
liability policy shall not contain a mold exclusion and the definition of pollution shall include
microbial matter, including mold.
B. DEDUCTIBLES AND SELF -INSURED RETENTIONS: Any deductible or self -insured retention must
be declared to the City. Any deductible or self -insured retention exceeding $5,000 or 5% of the
contract value (whichever is less) must be approved by the City.
C. OTHER INSURANCE PROVISIONS: The required insurance policies shall contain, or be endorsed
to contain, the following provisions:
1) The City, its elected and appointed officials, officers, employees, and volunteers are to be covered
as additional insureds with respect to liability arising out of work or operations performed by or on
City of Fullerton Agreement - Page 7 of 10
behalf of the Contractor, including materials, parts, or equipment furnished in connection with
such work or operations; or with respect to liability arising out of automobiles owned, leased,
hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided
in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG
20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if
later revisions used). Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to indemnify the additional
insured would be invalid under Civil Code §2782(b). The coverage shall contain no special
limitations on the scope of its protection afforded to the City, its officers, employees, and
volunteers. (Note: In lieu of a Commercial General Liability policy with this endorsement, the
Contractor may supply a separate owner's policy.)
2) For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance coverage as broad as ISO CG 20 01 04 13 as respects the City, its officers, employees,
and volunteers and shall apply separately to each insured against whom a suit is brought, or a
claim is made. Any insurance or self-insurance maintained by the City, its officers, employees,
and volunteers shall be in excess of this insurance and shall not contribute with it.
3) If any coverage required is written on a "claims made" coverage form the retroactive date must
be shown and this date must be before the execution date of the contract or the beginning of
contract work. The insurance must be maintained for at least five (5) consecutive years following
completion of the project and must thereafter, submit annual evidence of coverage. If coverage
is cancelled or non -renewed, and not replaced with another claims -made policy form with a
retroactive date prior to the contract effective date or start of work date, CONTRACTOR must
purchase extended reporting period coverage for a minimum of five (5) years after completion of
contract work. Additionally, CONTRACTOR shall provide copies of the claims reporting
requirements contained within the policies.
4) The CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of
CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss.
CONTRACTOR agrees to obtain any endorsement necessary to affect this waiver of subrogation.
The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the
CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
5) Builders Risk Insurance (Course of Construction): If required, CITY shall be named as a loss
payee.
6) All Coverages: Each insurance policy required by this clause shall state that coverage shall not
be canceled, except with notice to the CITY. Contractor agrees to oblige its insurance agent or
broker and insurers to provide CITY with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage. This cancellation must be provided through "NOTIFICATION TO OTHERS
OF CANCELLATION ENDORSEMENT".
D. If the contractor maintains higher limits or has broader coverage than the minimums shown above,
the City requires and shall be entitled to all coverage, and to the higher limits maintained by the
CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. SUBCONTRACTORS: Contractor shall require and verify that all subcontractors maintain insurance
meeting all the requirements stated herein, and Contractor shall ensure the City is an additional
insured on insurance required from subcontractors.
City of Fullerton Agreement - Page 8 of 10
F. SPECIAL RISKS OR CIRCUMSTANCES: The City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage or other special
circumstances.
G. ACCEPTABILITY OF INSURERS: All required insurance shall be placed with insurers acceptable to
the City with current Best ratings of no less than A, Class VII. Workers' compensation insurance may
be placed with the California State Compensation Insurance Fund. All insurers shall be licensed by
or hold admitted status in the State of California. At the sole discretion of the City, insurance provided
by non -admitted or surplus carriers with a minimum Best rating of no less than A-, Class X may be
accepted if the Contractor evidences the requisite need to the sole satisfaction of the City.
H. VERIFICATION OF COVERAGE: CONTRACTOR shall furnish the City with certificates of insurance
which bear original signatures of authorized agents and which reflect insurers names and addresses,
policy numbers, coverage, limits, deductibles, self -insured retentions and shall furnish copies of all
policy endorsements effecting coverage required by this clause before work begins. All certificates
and endorsements must be received and approved by City before work commences. Failure to obtain
the required documents prior to work beginning shall not waive the CONTRACTOR'S obligation to
provide them. The City reserves the right to require at any time complete, certified copies of any or
all required insurance policies and endorsements required by these specifications.
I. HOLD HARMLESS: The City and its agents and the City Council shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work or any part thereof,
or for any of the materials or other things used or employed in performing the work, or for injury or
damage to any person or persons, either workmen, employees of the Contractor, the subcontractors,
the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or
in connection with the performance of the work. The Contractor shall be responsible for any damage
or injury to any person or property resulting from defects or obstructions or from any cause
whatsoever arising out of or in connection with the performance of the work except the active
negligence or willful misconduct of the City, its agents, servants, or independent contractors who are
directly responsible to the City.
Further, the Contractor is obligated as follows:
1) The Contractor will defend any action or actions filed in connection with any claims, damages,
penalties, obligations, or liabilities, and will pay all costs and expenses, including attorneys' fees
incurred in connection therewith, resulting from the Contractor's operations and work.
2) The Contractor will promptly pay any judgment rendered against the Contractor or the City
covering such claims, damages, penalties, obligations, and liabilities arising out of or in
connection with such work, operations, or activities of the Contractor.
3) In the event that the City is made a party to any action or proceeding filed or prosecuted against
the Contractor for such damages or other claims arising out of or in connection with the work,
operation, or activities of the Contractor, the Contractor agrees to pay to the City any and all cost
and expense incurred by the City in such action or proceeding together with reasonable attorneys'
fees.
4) The City may hold money that would otherwise be due the Contractor under and by virtue of the
contract as shall be considered necessary by the City until disposition has been made of such
actions or claims for damages as aforesaid.
City of Fullerton Agreement - Page 9 of 10
ATTACHMENT "C"
ACCEPTED BID
See attached pages for Accepted Bid
City of Fullerton Agreement - Page 10 of 10
lot
Genesis Builders, Inc.
DBA K2 Pointing
Proposal
6895 Oslo Circle Suite F
Buena Park, CA 90621
Tel: 714-749-4558
Email: rick.k2paintla�gmail.com
CSLB# 1004198
DIR: #1000038646
SBE: #2001621
DBE: #44167
License: B & C33
Date: 2/8/2023 To: David Grantham / City of Fullerton
Subject: City of Fullerton — Chapman Park Restroom Renovation
2515 San Carlos Dr. Fullerton, CA 92831
We hereby submit our proposal for the above referenced project.
We propose to furnish and install the followings:
➢ Remove Existing Plumbing Fixtures, Accessories, and Hand Dryers.
➢ Remove Existing Block Partition Walls
➢ Saw cut Interior Concrete Floor for New Sewer Connections
➢ Rough and Finish Plumbing, New Plumbing Fixtures, Accessories, and Hand Dryers.
➢ Construct New Block Walls and New 3,500 PSI Interior Concrete Slab
➢ New ADA Door #1, Frame, and Hardware. Use Existing Doors, Frames and Hardware for Door #2 and #3
➢ Epoxy Flooring, Interior and Exterior Paint
➢ Remove and Install New Light Fixtures, Switch, and Timer
➢ Install Owner furnished Security Gate
➢ New Signage
Exclude;
• New Framing and Finish for Drywall Ceiling
• Exterior Concrete Slab
• New Doors, Frames, and Hardware's for Door Schedule — Door #2 and #3 — Use Existing
OWNER OR CLIENT RESPONSIBILITIES:
1. Provide adequate water, power, Temp Restrooms, and parking when needed.
EXCLUSIONS:
02/09/2024
1. All Other Work other than listed above.
2. Rework, refurbish, removal, or relocating of any existing.
3. Verbal changes to scope of work are not binding and must be acknowledged in writing by both parties as a Change Order, and field personnel
are not authorized to execute verbal change order instructions by a party
Terms and conditions: This bid proposal is valid for 30 days from the above date.
ACCEPTANCE OF PROPOSAL
The above prices, specification, conditions, and exclusions are hereby accepted. You are
authorized to do the work specified. Payment wit be made as outlined above.
Genesis Builders, Inc.
This proposal may be withdrawn at any time.
Respectively submitted by: Tae Chung
Authorized Signature:
Authorized Signature: