HomeMy WebLinkAboutContracts & Agreements_254-2025AGREEMENT FORM
BId Category No. 13
THIS AGREEMENT, entered into this 16th day of December . 2025 in the San Bernardino
County of the State of California, by and between the CITY OF REDLANDS, hereinafter called the
"City", and Franklin Mechanical System, Inc. , hereinafter called the "Contractor". Contractor
acknowledges that this Project is being awarded in accordance with the Uniform Public Construction Cost
Accounting ("UPCCAA") set forth in Public Contract Code section 22000 et seq. Bidders shall comply
with any requirements set forth in the UPCCAA including all guidelines and requirements in the current
California Uniform Construction Cost Accounting Commission Cost Accounting Policies and Procedures
Manual. Contractor shall cooperate with the City and provide any requested information or documents as
requested by the City to comply with the UPCCAA including, but not limited to, all Project cost data,
invoices, accounting records, payroll records, etc.
WITNESSETH that the City and the Contractor for the consideration stated herein agree as
follows:
ARTICLE 1- SCOPE OF WORK: The Contractor shall furnish all labor, materials, equipment,
tools, and utility and transportation services, and perform and complete all work required in connection
with FCS20251017TS & City Hall Renovation ("Project") in strict accordance with the Contract
Documents enumerated in Article 7 below. The Contractor shall be liable to the City for any damages
arising as a result of a failure to comply with that obligation, and the Contractor shall not be excused with
respect to any failure to comply by an act or omission of the Construction Manager, Architect, Engineer,
Inspector, City, or representative of any of them, unless such act or omission actually prevents the
Contractor from fully complying with the Contract Documents and the Contractor protests, in accordance
with the Contract Documents, that the act or omission is preventing the Contractor from fully complying
with the Contract Documents. Such protest shall not be effective unless reduced to writing and filed with
the City office within seven (7) days of the date of occurrence of such act or omission preventing the
Contractor from fully complying with the Contract Documents.
ARTICLE 2 - TIME OF COMPLETION: The City may give notice to proceed within ninety
(90) days of the award of the bid by the City. Once the Contractor has received a notice to proceed, the
Contractor shall reach Substantial Completion (See Article 1.1.47) of the Work within Three Hundred
Thirty-two (332) calendar days from the start of construction receipt. This shall be called Contract Time.
(See Article 8). It is expressly understood that time is of the essence.
Contractor has thoroughly studied the Project and has satisfied itself that the time period(s) for this
Project was adequate for the timely and proper completion of submittal, procurement and the Project within
each milestone and within the Contract time.
In the event that the City desires to postpone giving the notice to proceed beyond this ninety (90)
day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to
proceed may be postponed by the City. It is further expressly understood by the Contractor, that the
Contractor shall not be entitled to any claim of additional compensation as a result of the City's
postponement of giving the notice to proceed.
If the Contractor believes that a postponement will cause hardship to it, the Contractor may
terminate the Contract with written notice to the City within ten (10) days after receipt by the Contractor of
the City's notice of postponement. It is further understood by the Contractor that in the event that the
Contractor terminates the Contract as a result of postponement by the City, the City shall only be obligated
to pay the Contractor for the work performed by the Contractor at the time of notification of postponement.
Should the Contractor terminate the Contract as a result of a notice of postponement, the City shall have
the authority to award the Contract to the next lowest responsible bidder.
ARTICLE 3 - LIQUIDATED DAMAGES: It being impracticable and infeasible to determine
the amount of actual damage, it is agreed that the Contractor will pay the City the sum specified in the
Supplementary General Conditions per calendar day for each and every day of delay beyond the Contract
Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or
noted as critical to the City) as Liquidated Damages and not as a penalty or forfeiture. In the event
Liquidated Damages are not paid, the Contractor further agrees that the City may deduct such amount
thereof from any money due or that may become due the Contractor under the Contract (See Article 9.6
and 2.2 of the General Conditions).
ARTICLE 4 - CONTRACT PRICE: The City shall pay to the Contractor as full consideration
for the faithful performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, the sum of Eipht Hundred Eighty Nine Thousand Six Hundred DOLLARS ($
889,600), said sum being the total amount stipulated in the Bid Contractor submitted. Payment shall be
made as set forth in the General Conditions.
Should any Change Order result in an increase in the Contract Price, the cost of such Change Order
shall be agreed to in advance by the Contractor and the City, subject to the monetary limitations set forth
in Public Contract Code section 20118.4. In the event that the Contractor proceeds with a Change in work
without an agreement between the City and Contractor regarding the cost of a Change Order, the Contractor
waives any Claim of additional compensation for such additional work.
ARTICLE 5 - HOLD HARMLESS AGREEMENT: Contractor shall defend, indemnify and
hold harmless City, Architect, Construction Manager, Inspector, the State of California and their officers,
employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments,
demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property
damage or other cause based or asserted upon any act, omission, or breach connected with or arising from
the progress of Work or performance of service under this Agreement or the Contract Documents. As part
of this indemnity, Contractor shall protect and defend, at its own expense, City, Architect, Construction
Manager, Inspector, the State of California and their officers, employees, agents and independent
contractors from any legal action including attorney's fees or other proceeding based upon such act,
omission, breach or as otherwise required by this Article.
Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless City,
Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents
and independent contractors from every claim or demand made, and every liability, loss, damage, expense
or attorney's fees of any nature whatsoever, which may be incurred by reason of:
(a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including
theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of
law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm
or corporation or in connection with the Work called for in this Agreement or the Contract Documents,
except for liability resulting from the sole or active negligence, or the willful misconduct of the City.
(b) Any bodily injury to or death of persons or damage to property caused by any act,
omission or breach of Contractor or any person, firm or corporation employed by Contractor, either
directly or by independent contract, including all damages or injury to or death of persons, loss (including
theft) or loss of use of any property, sustained by any person, firm or corporation, including the City,
arising out of or in any way connected with Work covered by this Agreement or the Contract Documents,
whether said injury or damage occurs either on or off City property, but not for any loss, injury, death or
damages caused by the sole or active negligence or willful misconduct of the City.
(c) Any dispute between Contractor and Contractor's subcontractors/supplies/ Sureties,
including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or
employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or
any other person employed in connection with the Work and/or filing of any stop notice or mechanic's
lien claims.
Contractor, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or
other proceedings that may be brought or instituted against the City, its officers, agents or employees, on
account of or founded upon any cause, damage, or injury identified herein Article 5 and shall pay or satisfy
any judgment that may be rendered against the City, its officers, agents or employees in any action, suit or
other proceedings as a result thereof.
The Contractor's and Subcontractors' obligation to defend, indemnify and hold harmless the City,
Architect, Construction Manager, Inspector, the State of California and their officers, employees, agents
and independent contractors hereunder shall include, without limitation, any and all claims, damages, and
costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss
(including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure
of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or
other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of
violation of the Americans with Disabilities Act ("ADA").
ARTICLE 6 - PROVISIONS REQUIRED BY LAW: Each and every provision of law and
clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall
be read and enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall
forthwith be physically amended to make such insertion or correction.
ARTICLE 7 - COMPONENT PARTS OF THE CONTRACT: The Contract entered into by
this Agreement consists of the following Contract Documents, all of which are component parts of the
Contract as if herein set out in full or attached hereto:
Notice Inviting Bids
Instructions to Bidders
Designation of Subcontractors
Non -Collusion Declaration
Bid Guarantee Form
Bid Bond
Bid Form
Contractor's Certificate Regarding Worker's Compensation
Acknowledgment of Bidding Practices Regarding Indemnity
Agreement Form
Payment Bond
Performance Bond
Guarantee
Escrow Agreement for Security Deposit In Lieu of Retention
Workers' Compensation/Employers Liability Endorsement
General Liability Endorsement
Automobile Liability Endorsement
Contractor's Certificate Regarding Drug -Free Workplace
Contractor's Certificate Regarding Alcohol and Tobacco
General Conditions
Supplementary General Conditions
Specifications
All Addenda as Issued
Drawings/Plans
Substitution Request Form
Requirements, Reports and/or Documents in the Project Manual or Other Documents Issued to Bidders
Trade Scope of Work Summary
All of the above named Contract Documents are intended to be complementary. Work required by
one of the above named Contract Documents and not by others shall be done as if required by all.
ARTICLE 8 - PREVAILING WAGES: Wage rates for this Project shall be in accordance with
the general prevailing rate of holiday and overtime work in the locality in which the work is to be performed
for each craft, classification, or type of work needed to execute the Contract as determined by the Director
of the Department of Industrial Relations. Copies of schedules of rates so determined by the Director of
the Department of Industrial Relations are on file at the administrative office of the City and are also
available from the Director of the Department of Industrial Relations. Monitoring and enforcement of the
prevailing wage laws and related requirements will he performed by the Labor Commissioner/ Department
of Labor Standards Enforcement (DLSE).
The following are hereby referenced and made a part of this Agreement and Contractor stipulates
to the provisions contained therein.
Chapter 1 of Part 7 of Division 2 of the Labor Code (Section 1720 et seq.)
2. California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section 16000
et seq.)
ARTICLE 9-RECORD AUDIT: In accordance with Government Code section 8546.7(and
Davis Bacon, if applicable) and Article 13.11 of the General Conditions, records of both the City and the
Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention
Payment or the Recording of a Notice of Completion, whichever occurs first.
ARTICLE 10 -CONTRACTOR'S LICENSE: The Contractor must possess throughout the
Project a Class as specified in the Notice Inviting Bids, Contractor's License, issued by the State of
California, which must be current and in good standing.
IN WITNESS WHEREOF, this Agreement has been duly executed by the above named parties,
on the day and year first above written.
City of Redl nds
By: IL
Mario Saucedo, Mayor
Dated: 1 Z — ) / z 5
Attes . r�eDo�naldso�nCity�Clerk�
CONTRACTOR:
Vincent Franklin
Typed or Printed Name
vim GeA4--
Type or Printed Name
Title (Authorized Officers or Agents)
Signature
WARRANTY
JJL: lFd 'A'AIH
We hereby warranty the following specification sections have been installed for the City of
Redlands at City Hall Renovation and performed in accordance with the requirements of the
Contract Documents and that the work as installed will fulfill the requirements of the Contract
Documents.
•07 84 00 — Firestopping
SPECIFICATION SECTION AND DESCRIPTION: •07 92 13 -- Elastomeric Joint Sealants (As it Applies)
•08 31 00 — Access doors and panels (As it Applies)
01 70 00 — Execution and Closeout Requirements .09 82 22 — Acoustical Sealants (As it Applies)
01 78 00 — Closeout Submittals -Division 23 — HVAC
The undersigned agrees to repair or replace any or all of such work that may prove to be
defective in workmanship or material together with any other adjacent work which may be
displaced in connection with such replacement within a minimum period of ONE (1) YEAR from
the date of Notice of Completion of the above -mentioned project. Ordinary wear and tear and
unusual abuse or neglect is excepted.
In the event of the undersigned's failure to comply with the above mentioned conditions within a
reasonable period of time, as determined by the OWNER, but not later than ten (10) working
days after being notified in writing by the OWNER, the undersigned authorizes the OWNER to
proceed to have said defects repaired and made good at the expense of the undersigned, which
will pay the costs and charges therefore upon demand.
The provisions of this Warranty are in addition to, and not in lieu of, any provisions of the
Contract Documents for the Work relating to the Contractor's Guarantee(s) and Warranty(ies) or
any Guarantee(s) or Warranty(ies) provided by any material supplier or manufacturer of any
equipment, materials or other items forming a part of, or incorporated into the Work, or any
other Guaranty or Warranty obligation of the ContraAor, prescribed, implied or imposed by law.
Fri3nklip M&h4nical Systerns Inc
1t "'
SIGNATU
Vincent Franklin, CEO
TYPED OR PRINTED NAME
Representatives to be contacted for service subject to terms of contract.
NAME Isaiah Franco
ADDRESS 185 W. 4th St. Beaumont CA 92223
PHONE # 951-845-1000
City of Redlands Division 01 Contract Closeout 01 78 39
City Hall Renovation