Loading...
HomeMy Public PortalAbout2024-05-03 Security Doors - Various Locations 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 SECURITY DOORS — VARIOUS LOCATIONS (CIP 55052) 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 III 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 II , 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 3rd day of May , 20 24 CITY OF FULLERTON: Public Works Director City of Fullerton APPROVED AS FI "M: By: Richard D. Jo es, Ci Attorney CONTRACTOR: Signatur Name: Tae Yoon Chung Title: President Contractor: Genesis Builders, Inc dba K2 Painting License No. 1004198 Gty 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 Le al Liabilit 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 or 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 Genesis Builders, Inc. DBA K2 Pomhnq Date: 4/15/2024 6895 Oslo Circle Suite F Buena Park, CA 90621 Tel: 714-749-4558 Email: rick.k2paint(rgmail.com CSLB# 1004198 DIR: #1000038646 SBE: #2001621 DBE: #44167 License: B & C33 Proposal r.1 To: Anthony Reynoso / Citt of Fullerton Subject: City of Fullerton Pump House — Security Doors — Three Locations We hereby submit our proposal for the above referenced project. We propose to furnish and install the followings: ❖ LEMON ➢ Remove (E) Door and Dispose ➢ Install Door on a Existing Frame with Deadbolt ➢ Install Security Door with Full Panel and Lock Box. ➢ Paint Door, Frame AND Security Door ❖ STATE COLLEGE $7,102.00 ➢ Install Single Security Door with Full Panel and Lock Box. ➢ Paint Security Doors • CHAPMAN PARK $9,517.78 ➢ Fabricate Security Doors at Both Restrooms in accordance to detail 3 on sheet A5.1 at Both Restroom in lieu of 08-37 on sheet A1.0 "NEW METAL SECURITY DOOR, OWNER TO PROVIDE FOR CONTRACTOR TO INSTALL." The Installation cost not included. ➢ Furnish and Install Steel Channel at the Door Opening at ADA Restroom to match Non ADA Restroom. Exclude; • Replacement of Door Frame $10,886.00 TOTAL: 27,505.78 OWNER OR CLIENT RESPONSIBILITIES: 1. Provide adequate water, power and parking when needed. EXCLUSIONS: 05/03/2024 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 will be made as outlined above. Authorized Signature: Genesis Builders, Inc. This proposal may be withdrawn at any time. Respectively submitted by: Tae Chung Authorized Signature: