HomeMy WebLinkAbout06748-1 - WILLIAM J SANDERSON INTERIOR REMODEL GRANT AGR FOR 650 E SUNNY DUNES RD SUITES 4-5 O�pALM SA4 _. � •
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PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 5th day of May, 2014, by and between the City of Palm Springs, ("City"), and William
J. Sanderson the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owne enan is the owner or tenant of a real property/business (circle one)
located wit in the eligible area at 650 E. Sunny Dunes Road, Suite 4 & 5, Palm
Springs, ("Property'), otherwise known as Townie Bagel (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000.00 to make
interior improvements to the Property as described in Exhibit 'B,° Scope of Work.
E. Owner/Tenant has received all necessary approvals from the City's Planning,
Building or Engineering Departments, which are shown in Exhibit "C", Evidence
of Approval. The estimated cost of the work proposed is $149,335.55 as shown
in Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/Tenant, the location of the Property, and the approvals, and has
approved the Grant Application.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to grant to Owner/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
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AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/Tenant's responsibility, and the City is not a party to
any agreement with the vendor or contractor and does not guarantee the quality
of workmanship of the property improvements, nor have any liability whatsoever
therefor. At all times hereunder, the Contractor shall have a valid City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/Tenant has sole
responsibility for obtaining design approval and evidence of required permit
approvals from the City of Palm Springs as shown in Exhibit C, and ensuring the
compliance with those permits.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000.00. The estimated cost of the work proposed is $149,335.55, as shown
in Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/Tenant or his contractor.
Evidence of completion shall include but is not limited to: photographs of the
finished work; a final inspection by a representative of the City of Palm Springs;
and, a copy of the final invoice for the work completed and proof of payment to
the contractor; and Unconditional Waiver & Release from the contractor.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant shall be responsible for maintenance
of all improvements that may exist at the Property from time to time, including
without limitation buildings, parking lots, lighting, signs, and walls in first-class
condition and repair, and shall keep the Property free from any accumulation of
debris or waste materials. Owner/Tenant shall also maintain all landscaping
Remodel Grant Program 3-23-10 2
required pursuant to Property's approved landscaping plan, if any, in a healthy
condition, including replacement of any dead or diseased plants with plants of a
maturity similar to those being replaced. Owner/Tenant hereby waives any
notice, public hearing, and other requirements of the public nuisance laws and
ordinances of the City that would otherwise apply.
MISCELLANEOUS PROVISIONS
9. Covenant Against Discrimination. Owner/Tenant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination or segregation in the performance of
or in connection with this Agreement regarding any person or group of persons
on account of race, color, creed, religion, sex, marital status, disability, sexual
orientation, national origin, or ancestry.
10. Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be
deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
To City: City of Palm Springs
City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: William J. Sanderson
1775 E. Palm Canyon
Suite110-PMB271
Palm Springs, CA 92264
11. Integrated Agreement This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
12. Amendment This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
13. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the
Remodel Grant Program 3-23-10 3
remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of
Palm Springs ("City"), the City Council, its officers, agents, employees and
contractors free and harmless from any liability whatsoever based and asserted
upon any act or omission of the City for property damage, bodily injury, or death
or any other element of damage of any kind or nature, relating to or in any way
connected with participation in the Program.
15. Authori . The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement. Owner/Tenant certifies that
the above statements are true and accurate to the best of Owner/Tenant's belief.
Failure to meet any of the terms of this Agreement shall result in the forfeiture of
any Grant funds from the City for this program.
Remodel Grant Program 3-23-10 4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
City of Palm Springs
9
Date: q�B l.5 By:
Community & conomic Development
Date: B .
a / / (rector, Community & Eco is Development
Date: 1 �"J �•! By. /
David H. Ready,
City Manager
ATTEST: APPROVED AS O FORM:
By:
James Thompson Douglas . Holland
City Clerk City Att rney
"OWNER/TENANT"
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Date: �l �, � By : t`
William J. San erson
Date:
APPROVED 8Y CITY COUNCIL
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Remodel Grant Program 3-23-10 5
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
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Site Address:
ALM SPRINGS,CA 92264 NOR
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Legal Information:
Zoning:CM
Lot Size(s�
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Assessor: .1 YearBuilt
Lot Size(sf)Calculated:18,321
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E Sunny DE, E Sunny Dunes Rd
Notes:0 Results
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EXHIBIT "B"
SCOPE OF WORK
Repair and seal 2000 s/f of cement flooring, install covered tiles per health codes, run
new gas main pipe to accommodate ovens, install can lighting fixtures over work and
public area. Install hot and cold water pipes and water filtration systems for ovens and
coffee equipment. Raise height of ceilings and install food code ceiling tiles in kitchen
and store front area. Update electrical panels to accommodate store/kitchen power
needs. Install 6 dividing walls, paint and tile interior walls; install six sinks and two
permanent dry and refrigerated display cases.
Remodel Grant Program 3-23-10 7
EXHIBIT °C
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _X_ No _
If yes, Building Permit# 2015-496
Remodel Grant Program 3-23-10 8
`Y City of Palm Springs C)k�vVbi
r BUILDING PERMIT
agso aa` . Building Address: 650 E Sunny Dunes Rd Unit 1
Date 0 2/1 81201 5 CaseNo.: 14.062 Permit Angela LaFrance
Submitted Technician CQIn6� r,
Owner Address Phone
William Sanderson 14220puontia Rd 415-254-1649
Palm Springs CA
Contractor Address Phone Lic. Number �S
Sipovac Construction 72651 Theodora Ln 760 567 2347 581636
Palm Desert CA
Architect Address Phone
Engineer Address Phone
Lot# Block# Tract Parcel Number
508-132-037
Lot Size Zone Occupancy
B Business
Building Sq.Ft. Garage/Carport Roofed Patio/Porch Remodeled Area
New g 0 0 0
Use of building Permit Type Const.Type Fixture Units
Commercial Commercial Additiontalteration VB 25
Fire Sprinkler Units Valuation Permit Fees Paid
Yes 0 100000.00 2518.40
Describe work in detail:
Tenant improvement to create Townie Bagels. All per approved plans
Special Conditions:
SEWER CONNECTION CREDIT FROM PRIOR RESTAURANT
27 FU
25 FU USED FOR THIS PERMIT.
2 FIXTURE UNIT CREDIT. DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED
IMPORTANT
The issuance of this permit shall not be held to be an approval of the violation of any provisions of any city or county ordinance or state law.
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are not to be made without permission of the Building and
Safety Divisions.
The owner and/or contractor is responsible for establishing all property lines. All utilities must be underground.
This permit will expire It work is not started in 180 days or if more than 180 days elapses between
inspections.
I certify that I am familiarwith all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be
completed prior to final inspection that no certification of occupancy will be issued until such time as these r irements are met. I certify that I have
read this applicati and state 1 it information is true and correct.
OWNER/CONTRACTOR/AGENT DATE I UED BY Finaled
This is a Building when properly filled out,signed and validated,and is not transferable.
PERMITNUMBER 2015-496
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
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CONSTRUCTION INNOVATION
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FIXED PRICE CONSTRUCTION CONTRACT
Preamble
Rill Sanderson hereafter collectively referred to as "Owner," and Sipovac Construction,
Inc. hereafter referred to as"Contractor,"agree:
Construction of Improvements
1.1 Contractor shall furnish all labor and materials necessary to construct tenant im-
provements (hereafter referred to as "the Project"), according to plans and specifications pre-
pared by Owner on the leased real property located at 650 G. Sunny Dunes Rd., California.
Contractor shall be entitled to rely upon die property information given to him by Owner and
shall not be required to conduct an independent investigation.'I'hc contract documents consist of
this agreement, general conditions, construction documents, specifications, allowances, finish
schedules, construction draw schedule, all addenda issued prior to execution of this agreement
and all change orders or modifications issued and agreed to by both parties and supersede any
other bid or oral or written agreement. Owner warrants that Landlord has approved all of the im-
provements to be installed as per this contract.
Payments
2. The Owner shall pay Contractor$ 149,335.55,hereafter referred to as the "contract
price,"for labor and materials pursuant to the schedule attached as Exhibit I hereto.The sum of
$1,000 shall be paid upon the signing of the contract.The scope of work required to be per-
formed under this contract shall be delineated by die plans and specifications, which are to be
initialed by Owner and Contractor concurrently with the execution of this agreement. The scope
of work hereunder shall be limited pursuant to Exhibit 2 attached hereto, which delineates al-
lowances and exclusions. Any specifications not Iisted in die plans and specifications or which
are meant to clarify the plans and specifications are attached as Exhibit 3. All required pay-
ments pursuant to the Exhibit 1 schedule shall be paid within seven (7) days from the date of
billing. All billing shall be accompanied by the appropriate lien and labor releases for the work,
which is being billed. All payments must be paid in full before the city final inspection. This
is a fixed price contract as set forth herein.As such the Owner is not entitled to a breakdown of
the costs incurred by Contractor.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 License#581636
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CON' STR.UCTION INNOVATION
Extra Work
3. Should the Owner,his architect, or any public agency direct or request additional
work not shown on the present plans and specifications for the Project be done by Contractor,the
cost of the additional work shall be added to the completion price and paid by the Owner mm
completion of such additional work. The term"cost"as used in this paragraph means the actual
cost to the Contractor of the labor,materials, or subcontracts required for such additional work-
increased by fifteen(15%)percent for Contractor's profit and overhead. Contractor is entitled to
be paid for all such additional work requested or directed whether requested or directed in writ-
ing or orally, and any expenses incurred by Contractor because of unusual ground conditions
shall be paid for by Owner as additional work done by Contractor. No extra or change order
work shall be required to be performed without prior written authorization of the Owner or Own-
ers architect. Each written change order shall set forth the scope of work encompassed by the
change order and the price to be charged for the changes. Any change order for changes or extra
work shall be incorporated in and become a part of this contract.Owner agrees Owner and it and
itos representatives shall not interfere or communicate with subcontractors without the permis-
sion of Contractor.
Time for Completion
4. Contractor shall commence work on the Project within thirty five(35) calendar days
after notice from the Owner and commencement of construction. Unless delayed by one or more
of the causes mentioned in Paragraph 16 of this Contract, the Contractor shall work diligently to
complete construction of the Project. It is understood that the thirty five (35) day time period
after commencement of work specified above does not begin until after all plans have been ap-
proved by the applicable governmental agency and all permits issued by said governmental
agencies. Additionally,it is understood that if the Owner procures construction financing for the
Project that the failure to have such construction financing in full force and effect pursuant to the
requirements of the financing agency may delay the Project at the option of Contractor.
Correlation Between Plans,
Specifications,and Contract
5. The plans for the Project,the specifications for time Project, and this Contract are in-
tended to supplement each other so that any work mentioned in one of those instruments but not
in the others shall be performed in the same manner as if mentioned in all of the instruments.
Should a conflict arise between the instruments, the specifications shall control over the plans,
and this Contract shall control over both the plans and the specifications,
72651 Theodora Ln.Palm Desert,Ca 92260 (750)360-9700 Fax:(760)406.9734 License#531e36
SIPUVACC
CON5TRUCTIoN INNOVATION
Charges and Liens
6, The Contractor shall pay all charges incurred by it for labor mid materials used in the
construction of the Project as they become due provided Owner has paid contractor for said
charges. Should Contractor fail to pay any such charge as set forth above, the Owner may pay
the same on behalf of the Contractor and shall be reimbursed by the Contractor for the payment
on request. The Owner,however, shall not be entitled by means of assignments or otherwise to
collect from Contractor any greater amount under this paragraph than the amount actually paid
by Owner in settlement or discharge of any such charge for labor and materials.
Examination by Contractor
7. It is understood drat Contractor is relying upon the plans and specifications submitted by
the architect and/or Owner, as well as investigations done by the engineer concerning the project
site and engineering requirements for the structure to be,constructed. Contractor is not obligated
to make any independent investigation regarding the above-referenced items and is relieved of
any liability as a result of any errors made by the engineer,Owner and/or architect.Since this job
involves tenant improvements there may be hidden conditions discovery upon demolition which
will affect die scope and cost of the project.
Indemnity Agreement
8. Contractor shall indemnify and hold the Owner and the property of the Owner free
and harmless from any and all claims, losses, damages, injuries, and liabilities arising from the
death or injury of any person or persons,or from die damage or destruction of any property or
properties, caused by or connected with the performance of this Contract by Contractor, its
agents,subcontractors,or employees.
Workers'Compensation Insurance
9. Contractor, at Owners cost and expense,shall procure and maintain during the contin-
uance of this Contract a policy of workers'compensation or employer's liability insurance for the
protection of its employees, including executive, managerial, and supervisorial employees, en-
gaged in work on the Project,and shall, on demand, deposit a certificate evidencing the policy
with the Owner.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406.9734 License#581636
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CONSTRUCTION INNOVATION
Subcontractor's Insurance
10. Contractor shall require each subcontractor employed by him to perform labor on the
Project to procure and maintain, at the subcontractor's own cost and expense,during the perfor-
mance of the labor a policy of workers' compensation or employer's liability insurance for the
protection of the subcontractor's employees, including executive, managerial, and supervisorial
employees,engaged in work on the Project, and to deposit with Contractor a certificate satisfac-
tory to Contractor evidencing that insurance.
Fire and liability Insurance
11.Owner will procure at his own expense and before the commencement of any work
hereunder Tire insurance with course of construction,vandalism and malicious mischief clauses
attached,such insurance to be in a sum at least equal to the total estimated cost of the project,
such insurance to name the Contractor and his subcontractors as additional insureds,and to pro-
tect Owner,Contractor and its subcontractors,as their interests may appear. If the project is de-
stroyed or damaged by a disaster or calamity such as fire,storm,flood,landslide subsidence,or
by earthquake,or by theft or vandalism,any work done by Contractor in rebuilding or restoring
the project shall be paid for by the Owner. Said insurance shall include entry by his own em-
ployees and persons under Owner's direction and persons on the job site at Owner's invitation.
Contractor will maintain liability insurance covering its own liability and naming Owner
as an additional insured. Contractor will obtain Certificates of Insurance from all subcontractors
prior to commencement of work by that subcontractor that the subcontractor has both Worker's
Compensation and liability insurance.The cost of Contractor's insurance shall be paid by Owner.
Destruction of Project
12. Should the Project or any part thereof be destroyed by fire, theft, vandalism, acci-
dent,act of God,or other cause not the fault of Contractor,any work done or materials famished
by Contractor in restoring or rebuilding the Project shall be paid for by Owner as extra work per-
formed by Contractor pursuant to Paragraph 3 of this Contract.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360.9700 Fax:(760)406-9734 License#581636
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CONSTRUCTION 1NNOVATrON
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Owner's Power to Terminate Contract
13. Contractor agrees that he shall not do the fallowing:
(a)Refuse or fail,except as provided in Paragraph 16 of this Contract,to supply enough
properly skilled workers or proper materials to complete tine Project in time specified in this
Contract;
(b)Pail to make prompt payment to subcontractors, laborers, or material men for labor
performed on or materials furnished to the Project;
(c)Persistently disregard any law or ordinance relating to the Project or the completion
thereof,or
(d)Otherwise commit a substantial violation of any provision of this Contract.
If Contractor violates any of the above terms mid conditions, Owner shall give fifteen
(15)days'written notice to Contractor in order to give Contractor an opportunity to correct any
of the above breaches. If Contractor does not substantially remedy the breach or breaches set
forth in the above-referenced notice, Owner may terminate the services of Contractor under this
Contract and take possession of the Project and the premises on which it is located.
Rights on Termination by Owner
14. Should Owner terminate the services of Contractor under this Contract and com-
pletes the Project pursuant to Paragraph 13 of this Contract, the Contractor shall be entitled to
receive any payment due under this Contract.
Contractor's Power to Stop Work and/or Terminate Contract
15. The Owner shall,at the request of the Contractor,prior to the execution of this Con-
tract and promptly from time to time thereafter, furnish to Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's obligations under the Contract.The
Owner shall furnish information or services under the Owner's control with reasonable prompt-
ness to avoid delay and orderly progress of the work. Owner aclalowledgcs that any delay in
making selections under the Contract or in providing the Contractor with information requested
by the Contractor may cause delay.Any unreasonable delay by Owner in providing information
requested by the Contractor shall constitute a material breach of this Contract and be grounds for
termination.The Contractor may terminate the Contract if the work is stopped for a period of ten
(10)days through no act or fault of the Contractor or a subcontractor,sub-subcontractor or their
agents or employees or any other persons performing portions of the work under the contract
with the Contractor,for any of the following reasons:
a) Issuance of an order of a court or other public authority having jurisdiction;
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 License#581636
SIP -VAC
CONSTRUCTION INNOVATION
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b) An act of government,such as a declaration of national emergency,making mate-
rial unavailable;
c) Notice by Landlord to stop work.
Should Owner fail to pay to Contractor within five (5) days after it becomes due any
amount payable by Owner to Contractor pursuant to this Contract,Contractor may by giving five
(5)days'written notice thereof to Owner terminate his services under this Contract,stop work on
the Contractor's Project,and/or use all lawful means, including without limitation actions by la-
bor or contractors associations induced by Contractor, to prevent further work from being done
on the Project until all past due payments have been received by Contractor and Owner has post-
ed a bond satisfactory to Contractor for the payment of all amounts that will thereafter become
due to Contractor under this Contract.If the Owner has persistently failed to fulfill the Owner's
obligations under die Contract documents with respect to matters important to the progress of the
work, the Contractor may, upon five (5) additional days written notice to the Owner,terminate
the Contract and recover from the Owner as provided in the above.
Unavoidable Delays and Defaults
16. Either party,Contractor or Owner,shall be excused for any delays or defaults by that
party in the performance of this Contract unavoidably caused by the act of the other, the act of
any agent of the other,hidden conditions, the act of any governmental authority, the act of any
public enemy, acts of God, the elements, war, war defense conditions, litigation, strikes, walk-
outs, or other causes beyond that party's control. Each party shall use reasonable diligence to
avoid any such delay or default and to resume performance under this Contract as promptly as
possible after any such delay or default. It is also acknowledged and understood that any
changes in the plans and specifications made by either the Owner,Contractor,or any govemmen-
tal agency will extend the time in which the Project will be completed pursuant to Paragraph 4
above.
Notice of Completion and Occupancy by Owner
17,Owner hereby appoints Contractor as Owners agent to sign and record a notice of
completion on the Owner's behalf if Owner, following the foregoing final inspection and ap-
proval,fails to record a notice of completion. This agency is irrevocable and is coupled with an
interest.
Upon completion, the project shalt be inspected by the Owner and the Contractor, and any re-
patrs necessary to comply with the contract documents shall be made by the Contractor. The
Uwner shall not occupy the pproperty,until final ppayment has been received by the Contractor and
a Certificate of Occupancy has been obtained. Ooeupane of the project by the Owner in viola-
tion of hereof shall constitute unconditional acceptance of the project and a waiver of any defects
or uncompleted work.
No Waiver by Payment
72651 Theodora Ln,Palm Desert,Ca 92260 (760)360.9700 Fax:(760)406-9734 Llcense#581636
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CONSTRUCTION INNOVATION
18. Neither recordation of a notice of completion of the Project by Owner, payment to
Contractor by Owner of any progress payment or the full contract price, or occupation of the
Project by Owner shall relieve Contractor of liability for defective materials or workmanship
used in the completion of the Project or for failure to construct the Project according to this Con-
tract or according to the plans and specifications mentioned in this Contract. Acceptance by
Contractor of any payment provided for in this Contract shall be a representation by Contractor
to Owner that all work on the Project required by this Contract to be performed before the pay-
ment became due has been completed by Contractor in accordance with the terms of this Con-
tract and in accordance with the plans and specifications mentioned in this Contract.
Arbitration
19. F,xcept as provided below, if any dispute arises between the parties concerning this
contract or the performance thereof,the parties agree to submit the dispute to binding arbitration
with JAMS pursuant to its rules. The arbitration venue shall be held in Palm Desert,California
or Riverside County. The arbitration hearing must take place within 90 days from the date the
matter is submitted to arbitration. Owner hereby waives any consequential and/or incidental
damages which arise out of contractor's breach of this agreement or negligence. If the dispute
involves a stun of$5,000 or less either party may elect to take the matter to small claims court
instead of arbitration.
NOTICE:BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBI-
TRATION OF DISPUTES'PROVISION DECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRI-
AL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDI-
CIAL RIGHTS TO DISCOVERYAND APPEAL,UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES'PROVISION. IF
YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVI-
SION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF
THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE
TO SUBMIT DISPUTES ARISING O UT OF THE MATTERS INCLUDED IN THE 'AR-
BITRATION OF DISPUTES'PROVISION TO NEUTRAL ARBITRATION".
Int: ax__
Inn:
72651 Theodora Ln.Palm Desert,Ca 92260 (750)360-9700 Fax!(760)406.9734 License#561636
Sp t
CONSTRUCTION 1NNOVATICSN
i 4MM
Clean Up
20. Contractor shall at all times keep the Job site reasonably clean. On completion of the
Project,Contractor shall remove all debris and surplus materials from the property of the Owner
and leave such property in"broom clean"condition.
Notices
21. Any and all notices or other matters required or permitted by this Contract or by law
to be served on, given to, or delivered to either the Owner or Contractor, by the other party to
this Contract shall be in writing and shall be deemed duly served,given or delivered when per-
sonally delivered to the party to whom it is addressed, or in lieu of personal service, when de-
posited in the United States mail,first-class postage paid,addressed to the Owner and Contractor
as follows:
OWNER: Bill Sanderson
1775 E.Palm Canyon Dr.Ste. 110-1113M 271
Palm Springs,CA 92264
CONTRACTOR: Sipovac Construction,Inc.
72-651 Theodora Lane,
Palm Desert,CA,92260
Either party may change the party's address for these purposes by giving written notice of
the change to the other party in the manner provided in this paragraph.
Attorney's Fees
22. Should any litigation be commenced between the parties to this Agreement concern-
ing the Project,any provision of this Contract, or the rights and obligations of either in relation
thereto, the party prevailing in the litigation shall be entitled, in addition to such other relief as
may be granted,to a reasonable sum as and for that patty's attorney's fees in the litigation.
Sole and Only Agreement
N.
x
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 Llcens0 581636
•
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CONSTRUCTION INNOVATION
23. This instrument constitutes the sole and only agreement of the parties to this Agree-
ment relating to the Project and correctly sets forth the rights, duties, and obligations of each to
the other as of its date. Any prior agreements, promises,negotiations,or representations not ex-
pressly set forth in this Contract are of no force and effect.
Assignments by Contractor
24. This Contract is for the personal services of Contractor in constructing the Project
and Contractor may not assign this Contract, Contractor's right to moneys becoming due under
this Contract,or Contractor's duties under this Contract to any other person or entity without the
written consent of Owner.
Allowances
25. Materials and equipment under an allowance shall be selected promptly by the
Owner to avoid delay in the work.Allowances shall cover the cost to the Contractor of materials
and equipment delivered to the site, including all required taxes less applicable trade discounts.
Contractor's costs for unloading and handling at the site,labor and installation shall be computed
as an allowance cost. Whenever allowance costs me more than or less than the allowance, the
Contract sum shall be adjusted accordingly by a change order.Allowances are set forth on"Ex-
hibit 2"hereto.
Taxes and Assessments
26. Taxes and assessments of all descriptions will he paid by Owner.
Fit and Finish Warranty
27. Upon the completion, Contractor shall provide to Owner a one(1)year express lim-
ited warranty covering the fit and finish of certain items.With the exception of the fit and finish
warranty, (A)Owner is not relying upon any warranties,promises, guarantees or representations
made by Contractor or anyone acting or claiming to act on behalf of Contractor,and(B)Contrac-
tor has made absolutely no representations or warranties or merchantability,fitness for a particu-
lar purpose,quality of construction or otherwise with respect to the property.
Contractor does not warrant appliances or other items specially selected by the Owner.
The Owner agrees to only look to the manufacturer and/or selling subcontractor if there is a de-
fect or claim.The work that Contractor is required to perform under this contract is deemed to be
complete when work is substantially complete. Substantial completion occurs even when there
are punch list items.Punch list items for any job are normal post construction warranty items.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 License#561626
SIP VAC
(CONSTRUCTION INNOVATION
s. a.
Owner shall provide Contractor with one punch list that shall be delivered to Contractor within
thirty days that the owner moves into the residence. Contractor is only obligated to work on only
one punch list. Contractor shall continue to perform under its one year warranty for a period of
one year from the completion of construction,provided,however,that beyond the initial punch
list Contractor has no responsibility to repair cosmetic or minor pick up work @ items as well as
normal wear and tear items.
Control of Job Site
28 Owner acknowledges that during the course of construction, Contractor shall have
control of the job site. Owner shall not interfere with the performance by the Contractor or its
subcontractors nor shall owner communicate with the subcontractors..
Waivers of Subrogation
29. The Owner and Contractor waive all rights against each other mid any of their sub-
contractors,sub-subcontractors,agents and employees, each of the other,for damages caused by
fire or other perils to the extent covered by property insurance obtained or other property insur-
ance applicable to the work, except such rights as they have to proceeds of such insurance held
by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require the subcontrac-
tors,sub-subcontractors, agents and employees of any of them,by appropriate agreements,writ-
ten where legally required for validity,similar waivers each in favor of other parties enumerated
herein, The policies shall provide such waivers of subrogation by endorsement or otherwise.A
waiver of subrogation shall be effective as to a person or entity event though that person or entity
would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insm-
ance premium directly or indirectly, and whether or not the person or entity had an insurable in-
terest in the property damaged.
Jab Safety
30. The Contractor shall institute and enforce a job safety program and require all sub-
contractors to institute jab safety programs. Contractor shall take all reasonable steps to insure
that the job is safe and complies with all applicable OSHA requirements.
Damage
32.Owner acknowledges and agrees that Contractor will not be liable for any special,
incidental or consequential damages based on any legal theory whatsoever,including,but not
limited to,strict liability,breach of express or implied warranty,negligence or any other legal
theory with respect to the breach of this contract or any duty there under.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 Llcense#581636
S I r AC
CONSTRUCTION INNOVATION
Finish Schedules
lows:
33.Completed Finish Selection Schedules shall be submitted to the Contractor as to[-
Schedule#1 within two weeks after site clearing begins.
Schedule#2 within three weeks after site clearing begins.
Any delays or changes in finish selection schedules will delay the projected completion date.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGU-
LATED BY THE CONTRACTORS' STATE LICENSE BOARD. ANY QUESTIONS
CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CON-
TRACTORS' STATE LICENSE BOARD, 3132 BRADSHAW ROAD, SACRAMENTO,
CALIFORNIA. MAILING ADDRESS: P.O. BOX 26000, SACRAMENTO, CALIFOR-
NIA 95826.
A STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUC-
TION WORK TO BE LICENSED BY THE CONTRACTORS STATE LICENSE BOARD
IN THE LICENSE CATEGORY IiN WHICH THE CONTRACTOR IS GOING TO BE
WORKING IF THE TOTAL PRICE OF THE JOB IS $500.00 OR MORE (INCLUDING
LABOR AND MATERIALS).
LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PRO-
TECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE
A LICENSE,THE CONTRACTORS STATE LICENSE BOARD MAY BE UNABLE TO
ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLI-
CENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE
FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS
OR HER EMPLOYEES,
YOU MAY CONTACT THE CONTRACTORS STATE LICENSE BOARD TO
FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS
COMPLETE INFORMATION ON TIIE HISTORY OF LICENSED CONTRACTORS,
INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND
CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE
CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE
NEAREST YOU OR CALL 1-800-321 CSLB FOR MORE INFORMATION,
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 License#581636
3 (YVA C
CONSTRUCTION INNOVATION
MW
MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a
mechanics'lien on your property. A mechanics'line is a claim like a mortgage or home equity
loan,made against your property and recorded with the county recorder.
Even if you pay your contractor in Rill, unpaid subcontractors, suppliers, and laborers
who helped to improve your property may record mechanics ' liens and sue you in court to fore-
close the lien. If a court finds Ole lien is valid,you could be forced to pay twice or have a.court
officer sell your home to pay the lien.Liens can also affect your credit.
To preserve their right to record a lien,each subcontractor and material supplier must provide
you with a document called a"20-day Preliminary Notice,"This notice is not a lien.The purpose
of the notice is to let you know that the person who sends you the notice has the right to record a
lien on your property if he or she is not paid.
BE CAREFUL,The Preliminary Notices can be sent tip to 20 days after the subcontractor
starts work or the supplier provides material.This can be a big problem if you pay your contrac-
tor before you have received the Preliminary Notices.
PROTECT YOURSELF FORM LIENS.You can protect yourself form liens by getting a
list form your contractor of all the subcontractors and material suppliers that work on your
project. Find out from you contractor when these subcontractors stated work and when these
suppliers delivered goods and materials. Then wit 20 days,paying attention to the Preliminary
Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check.
When your contractor tells you it is time to pay for the work of a subcontractor or supplier who
has provided you with a Preliminary Notice, write a joint check payable to both the contractor
and ilia subcontractor or material supplier.
For other ways to prevent liens, visit CSLB's Website at www.cslb.ca-eov or call CSLB
at 800-321-CSLB(2752).
REMEMBER,IF YOU DO NOTHING,YOU RISK HAVING A LIEN PLACED ON YOUR
HOME.This can mean that you may have to pay twice, or face the forced sale of your home to
pay what you owe.
Under the California Mechanics'Lien Law,airy contractor, subcontractor,laborer,supplier,or
other person or entity who helps to improve your property, but who is not paid for his or her
work or supplies,has a right to place a lien on your home,land,or property where the work was
performed and to sue you in court to obtain payment.This means that after a court hearing,your
home,land,and property could be sold by a court officer and the proceeds of the sale used to sat-
isfy what you owe.This can happen even if you have paid your contractor in full,if the contrac-
tar's subcontractors,laborers,or suppliers remain unpaid.
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9709 Fax:(760)406-9734 License#561636
.............
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CONSTRUCTION INNOVATION
t:
To preserve their rights to file a claim or lien against your property,certain claimants such as
subcontractors or material suppliers are required to provide you with a document called a "Pre-
liminary Notice."Contractors said laborers who contract with owners directly do not have to pro-
vide such notice because as an owner you are aware of their existence.A preliminary notice is
not a lien against your property.Its purpose is to notify you of persons or entities that may have a
right to file a lien against your property if they are not paid.In order to perfect their lien rights,a
contractor,subcontractor,supplier,or laborer must file a mechanics'lien with the county recorder
that then becomes a recorded lien against your property. Generally, the maximum time allowed
for filing a mechanics'lien against your property is 90 days after substantial completion of your
project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU
MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1), Require that your contractor supply you with a payment and performance bond(not a li-
cense bond)that provides that the bonding company will either complete the project or pay dam-
ages Up to the amount of the bond.This payment and performance bond,as well as a copy of the
construction contract, should be filed with die county recorder for your further protection. The
payment and performance bond will usually cost from 1 to 5 percent of the contract amount de-
pending on the contractor's bonding ability. If a contactor cannot obtain such bonding, it may
indicate his or her financial incapacity.
(2).Require that payments be made directly to subcontractors and material suppliers through a
joint control. Funding services that will establish voucher or other means of payment to your
contractor may be available, for a,,fee, in your area. These services may also provide you with
lien waivers and other form8'617 ptotecdQn_tiAipAjoint.control agreement should include the ad-
dendum approved by the registrar,
(3), Issue joint checks for payment, made out to both your contractor and subcontractors or
material suppliers involved in the project. The joint checks should be made payable to the per-
sons or eutities{tlSI se_ .1clion4r{+�nofic s to you.Those persons or entities have indicated that
they may have lien nghts on yotu property, so you need to protect yourself.This will help to in-
sure that all persons due payment are actually paid.
(4).Upon making payment on any completed phase of the project,and before making any fur-
ther payments,require your contractor to provide you with Unconditional "Waiver and Release"
forms signed by each material supplier,subcontractor,and laborer involved in that portion of the
work for which payment was made.The statutory lien releases are set forth in exact language in
Section 3262 of the California Civil Code. Most stationery stares will sell the "Waiver and Re-
lease" forms if your contractor does not have them. The material suppliers, subcontractors, and
laborers that you obtain releases from are those persons or entities who have filed preliminary
notices with you. If you are not certain of the material suppliers, subcontractors, and laborers
working on your project, you may obtain a list from your contrtractor.On projects involving im-
provements to a single-family residence or a duplex owned by individuals,the persons signing
72651 Theodora Ln,Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 Llcensep 561606
S 1 P (YVAC
CONSTRUCTION INNOVATION
r
these releases lose the right to file a mechanics' lien claim against your property. In other
types of construction,this protection still may be important,but may not be as complete.To pro-
tect yourself under this option, you most be certain that all material suppliers, subcontractors,
and laborers have signed the "Waiver and Release" farm. If a mechanics' lien has been filed
against your property, it can be voluntarily released only by a recorded "Release of Mechanics'
Lien" signed by the person or entity that filed the mechanics'lien against your property,unless
the lawsuit to enforce the lien was not timely filed.You should not make any final payments until
any and all such liens are removed.You should consult an attorney if a lien is filed against your
property.
Contractors are required by law to be licensed and regulated by the Contractors'State License
Board,which has jurisdiction to investigate complaints against contractors if a complaint is filed
within three years of the date of the alleged violation,Any questions concerning a contractor may
be referred to the Registrar,Contractors' State License Board,P.O.Box 26000,Sacramento,Cali-
fornia 95826. THE OWNER HAS THE RIGHT TO REQUIRE THE CONTRACTOR TO
HAVE A PERFORMANCE AND PAYMENT BOND.THE EXPENSE OF THESE BONDS
MAYBE BORNE BY THE OWNER
Executed on April 14,2015 at Palm Dcscrt,California.
Owner:
Bill Sa Orson
CONTRACTOR:
Sipovac Cons iction,,�nc.
Bob Sipovac,PresideW
California Contractor's License Number:581636
72651 Theodora Ln.Palm resort,Ca 92260 (760)360-9700 Fax:(760)406-9734 License#581636
ISIP YVA C
CONSTRUCTION INNOVATION
y
EXHIBIT 1
BDDCIE.T AND SGOPFOF WORK(DESCRIVTIONOFTHEPROJECTANDDr
SCRiPT10N OF THE SIGNIFICANT MA' ERIA 9 TO BE USED AND EQ iPM NT
MBE INSTALLED)
lay- tS h rlul-
1st draw: $1,000.00 Deposit on,signing of contract $ 1,000.00 -
2nd draw: 20%after Demo minus the deposit $28,867.11
3rd draw: 20%after all underground plumbing installed $29,867.11
4th draw: 20% after all framing and plumbing tap out to
include gas line $29,867.11
5th draw:20%after all drywall and painting $29,867.11
6th draw: 10% after all equipment installed $14,933.56
7th draw 10%at completion C 14, 3a
.55
$149,335.55
*** All payment must be paid In full before city final***
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 Llcense#581636
i � •
SIB VAC
CONSTRUCTION ENNOVATION
Exhibit 2
Electrical Scope of Work:
1,923 sq.ft.Electrical and Lighting as per plans dated 2/12/2015
(2)125 amp 120/240 volt 1 phase 4 wire 30 circuit semi flush fond centers.
(1)20 amp 240 volt walk in cooler circuit and junction box at roof penetration.
(1)20 amp 120 volt fan coil circuit andjunction box at walk in cooler unit.
(2)20 amp 240 volt hood exhaust fan circuits and disconnect switches at roof penetration.
(1)20 amp 240 volt hood supply circuit andjimmion box at roof penetration.
(1)20 amp 120 volt ice machine circuit and power outlet.
(I)20 amp 240 volt espresso machine circuit and power outlet.
(1)20 amp 120 volt under counter refrigerator circuit mid power outlet.
(2)20 amp 120 volt commercial burr grinder circuit cmd power outlet.
(1)20 amp 120 volt refrigerator circuit mid power outlet.
(2)20 amp 120 volt sandwich and salad prep refrigerators circuits and power outlets,
(2)20 amp 120 volt microwave circuits and power outlets.
(1)20 amp 120 volt sandwich grill circuit and power outlet.
(1)20 amp 120 volt conveyer toaster circuit acid power outlet.
(1)20 amp 120 volt bagel bun slicer circuit aid power outlet.
(1)20 amp 120 volt dispenser circuit and power outlet.
(1)20 amp 120 volt bulk grinder circuit and power outlet.
(1)20 amp 120 volt commercial blender circuit and power outlet.
(1)20 anp 120 volt bakery oven circuit and power outlet.
(1)20 amp 120 volt roaster circuit and power outlet.
(1)20 amp 120 volt work top freezer circuit and power outlet with ceiling mounted twist lock device.
(1)20 amp 120 volt slicer circuit and power outlet with ceiling mounted twist lack device.
(1)20 amp 120 volt dough roller circuit and power outlet with ceiling mounted twist lock device.
(1)20 amp 120 volt mini chip slicer circuit and power outlet with ceiling mounted twist lock device.
(1)20 amp 240 volt bread sliver circuit and power outlet with ceiling mounted twist lock device.
(1)20 amp 120 volt bagel divider former circuit and power outlet.
(1)20 amp 120 volt mixer circuit and power outlet.
(1)20 amp 120 volt spiral mixer circuit aid power outlet.
(2)20 amp 120 volt air curtain circuits andjunction box at exterior door at front and rear.
(1)20 amp 120 volt menu board circuit and power outlet.
(2)20 amp 120 volt duplex receptacles for convenience around corner from panels.
(25)halo 6inch recessed can housings with LED down light modules.
(2)20 amp 120 volt 4/0 track light outlets and fixture installation.
(4)Lutron 600 watt diva style LED single pole dimmer control switches.
(1)Lutron 600 watt diva style LED 3 way dimmer control switches.
(2)Leviton manual on auto off occupancy sensor control switches.
(2)Cat 5 4 pair low voltage poiiurinnication lines for POS station at front counter of unit 105.
(2)Auto shut off single pot single throw timer control boxes with contractors to control lights.
Note:Air conditioning circuits,disconnects,and power whips are existing and are expected to he in
working order.
In suite 105,all 2x4 drop in fixtures to be removed before tenant improvements begin.
In suite 104,2x4 drop in fixtures to remain as is and are expected to be in working order.Also to
72651 Theodora Ln.Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406-9734 LicenaeN 561636
a
S1 AC
CONSTRUCTION INNOVATION
be converted to T-S florescent lamp and ballast which is to be completed by owner.
(2)exhaust fans in restroems to remain as is and are expected to be in working order.
All 2x4 drop in fixtures,exit signs,emergency lights,exhaust fans or track lighting provided by others
will not be under warranty.
Mechanical Scope of Work:
Furnish and install(2)1600CFM grease exhaust fans,welded grease duct,2-layers of"firemaster"fire
wrap,(1)3000CFNI make up air evaporative cooler system and independent air balance for health de-
partment approval.Hang owner furnished hoods.(S8,8 go allowance for walk-in cooler)
Note:Does not include equipment screens,modification to HVAC system,HVAC equipment repairs and
permits,
Plumbing Scope of Work:
Provide and install plumbing fixtures for as follows:
Upon layout of framing,snapped lines,Sipovac Construction will layout We saw-cutting route.
An allowance of$1,000 is included for the capping and removal of existing plumbing.No
plumbing was shown,however,if needed this allowance is provided.
Run underground sewer and grease waste in ABS plastic pipe and fittings to the fixtures shown
on the plumbing sheets. Connection to existing sewer and grease lines in existing space.Venting
will be installed and routed to die nearest vent location.IF a penetration for a new vent needs to
be installed we will provide die galvanized flashing.
Hat and cold water will be provide and installed per the drawings.All water will be copper pipe.
All hot water will be insulated with foam thermacell type insulation.
Connections will be made to the customer provided hand sinks,three compartment sinks,and gas
appliances.Indirect drains will be routed from equipment shown on the schedule to the nearest
drain receptor.
Gas will be routed from the meter location as shown on the isometrics in black steel pipe and fit-
tings,overhead.
This proposal is a bid that tare equipment supplier will provide the equipment and set the equip-
ment in its location so Sipovac Construction can plumb fixtures as needed.The final mounting
and placement is to be by others(Deck ovens,bagel boiler,coffee roaster).
There is one 1/2"RP device included for the ice machine.
*If fixtures are to be provided by Sipovac Construction a fixtures list is provided for bid purpos-
es and at time of purchase by Sipovac Construction will be provided on a change order.
Fixture schedule includes:
(2)Fluor drains
(4)Floor sinks
72651 Theodora Ln,Palm Desert,Ca 92260 (760)360-9700 Fax:(760)406.9734 License#581636
S1 P C-TV A C
CONSTRUCTION INNOVATION
(1) Mop sink
(5)Cold water lines to espresso machine,ice maker,dispenser,make up air,bagel boiler,and
deck oven.
Move existing toilet over 1'and reconnect water line.
Water heater spec:U2-XR-75S6RN 75 Gal Capacity,75,000 BTU/hr.
Exclusions:
Gas to FAU's,existing connection not applicable.
Soda lines or sleeves.
Roof drains or work to the existing roof drains.
Gas quick connects.
Warranty work provided on customer provided equipment and finish.
Acquisition of utilities,
Plumbing fixtures(including:hand sinks,3 compartment sink and prep sinks)except for water
heater.
General Contract Exclusions:
Permits and Fees
Flooring:kitchen,dining room,and bathroom
72651 Theodora Ln.Palm Desert,Ca 92260 (760)300-9700 Fax:(760)406-9734 Llcensaff 581636
i� i
Sl ? VAC
CONSTRUCTION INNOVATION
rnie
Costs based on drawing prepared by:
Square Footage: 1850
Coat: Subcontractors•
$3,600.00 estimate
S4,450.00
$7,000.00
$150.00
S450.00
$2,500.00
$2,350.00
$2,600.00
$1,20000
$15,500.00 includes air balance/hood and makeup air install,gr
$18,775.00 Includes new panel-See electrical exhibit
$2,875.00
$21,500.00 Underground/rough/finish hook-up
$1,200.00 washable panels
$15,500,00 includes bathroom flooring in dinning area
$2.500,00
$3,575.00
$4,300.00 includes roof curbs
$3,500.00 Budget
$8,880.00
$3,465.00
$0.00
$14,415.00
Subtotal $140,285.00
$1,683.42
$5.330.83
$14,028.50
Total Bid $161,327.75
Signal
days
1
Addendum NO.1
Townie Bagel
650 E. Sunny Dunes
Unconditional Release from contractor
Pictures
Remodel Grant Program 3-23-10 10
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN,STOP PAYMENT
NOTICE,AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN
PAID FOR GIVING UP THOSE RIGHTS.THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU
SIGN IT,EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A
CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:_Sipovac Construction Inc.
Name of Customer: _Townie Bagels
Job Location: _650 E Sunny Dunes Rd. Palm Springs, CA 92262_
Owner:_Bill Sanderson
Through Date: _M5/15
Unconditional Waiver and Release
This document waives and releases lien, stop payment notices, and payment bond rights the
claimant has for labor and services provided, and equipment and materials delivered,to the
customer on this job. Rights based upon labor or services provided, or equipment or materials
delivered, pursuant to a written change order that has been fully executed by the parties prior to
the date that this document is signed by the claimant, are waived and released by this
document, unless listed as an Exception below. The claimant has been paid in full.
Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $ �L
Covers contract dated 4/14/15
Claimant's Sign ur : AL
Date: __ 2 ��
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Finished interior counter •
sitting areas
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Canceled checks delivered 8/27/15 at 5:34 p.m.
Interior Remodel Grant Program
Bill Sanderson
Townie Bagel (Opened 8/26/15)
Payments to Sipovac Construction Innovation
7/3/2015 1183 $ 14,933.56
4/17/2015 1160 $ 28,867.11
5/7/2015 1165 $ 30,717.11
5/21/2015 1167 $ 31,141.88
6/1/2015 1170 $ 29,867.11
Total $ 135,526.77
Andrew J acki 01-07 1183
William J Sanderson �l I j
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Bill Sanderson 07/02/15 BS-19
650 E.Sunny Dunes Rd.
Palm Springs, CA 92262
Mscription _ Quantity Rate Amount
6th material draw after all equipment installed as per fixed 14,933.56 14,933.56
price contract dated 4/14/15
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Bill To: Job Name Date Invoice No.
Bill Sanderson 04/17/15 BS 07__
650 E. Sunny Dunes Rd.
Palm Springs, CA 92262
Description Quantity Rate Amount
i 2nd material draw minus the deposit as per fixed price 28,867.11 28,867.11
contract dated 4/14/15
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Description Quantity Rate Amount
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Bill Sanderson 05/20/15 BS 11
650 E.Sunny Dunes Rd.
Palm Springs, CA92262
_ Description Quantity Rate _ Amount _
100% of Change Order#3 -Air Curtain 1,182.68 _ 1,182,68
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Total $1,182.68
Balance Due $t,182.68
Invoice
72-651 Theodora Ln.Palm Desert, CA 92260 S 7 ;:)rK V A C
CONSTRUCTION INNOVATION
Office(760)360-9700 : .
Fax (760)406-9734
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Billl Sanderson Job Name 05Date/20/15 Invoice
n BS 12 0
650 E.Sunny Dunes Rd,
Palm Springs, CA 92262
_ Description Quantity Rate_ Amount
4th material draw after all framing and plumbing top out to 29,867.11 29,867.11
Include gas line as per fixed price contract dated 4/14/15
Credit for cooler. Cooler allowance as per contract is$8,880 167.91 167.91
and cooler amount is$8,733.99
Total $29,699.20
Balance Due $29,699.20
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2.651 Theodora P S .1 � V A C
Palm Desert, CA 9222260
CONSTRUCTION INNOVATION
Office (760)360.9700
Fax (760)406-9734
No Bill To. _ Job Name 1 Date Invoice .
Bill Sanderson L 05/08/15 BS-10 J
650 E. Sunny Dunes Rd.
Palm Springs, CA 92262
Description Quantity Rate Amount
100% of Change Order#2 -Move Doors 260.00 260.00
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Total $260.00
Balance Due $260.00
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Bfll To: Job Name Date Involve No.
Bill Sanderson 06/01/15 BS-13
650 E.Sunny Dunes Rd. ——
Palm Springs, CA 92262
_ Description Quantity _Rate Amount
5th material draw after all drywall and painting as per fixed 29,867.11 29,867.11
price contract dated 4/14/15
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William J Sanderson 6 Zp
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Balance Due $29,867.11
1
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CONSTRUCTION INNOVATION
Skillfully Navigating the Building Process
Townie Bagels-Bill Sanderson
650 E. Sunny Dunes Rd.Palm Springs, CA 92262
Re: Vendors and Subcontractors List
ATTN: Bill Sanderson
Please see list below of Vendors that have worked on your project and have been paid in full:
• Builders Supply
• Burrtec Recovery and Transfer
• Captive Aire Systems • Hajoca Corporation
• Cal Portland,Inc. • Hathaway and Sons
• D'Mundo Tile • 1CM Installations,Inc.
• Daltile • SA Recycling
• Desert Electric Supply, Inc. • Scheu Steel Supply Company
• Desert Pipe and Supply, Inc. • White Cap Construction Supply
• Desert Polymer Flooring
Please see list below of Subcontractors that have worked on your project and have been paid in full:
• Chris McGuire
• David C. Greenbaum Co.
• Joe Corona Electric
• Michael Clark Construction
• Palm Springs Mirror and Glass,Inc.
• Polar Barr Air Conditioning,Inc.
• RA Structural Engineering
• Santa Rosa Stone,Inc.
• West Coast Beverage, Inc.
• Western Pacific Roofing Corporation
We have received payments in full for$167,250.70 from Bill Sanderson and subsequently have paid all
vendors and subcontractors listed above.
Thank you,
Bob Sipovac
Sipovac Construction Inc. Lie. 581636
72651 Theodora Lane
Palm Desert, Ca 92260
(760)567-2347
72651 Theodora Ln. Palm Desert, Ca 92260 (760) 360-9700 Fax: (760)406-9734 License#581636