HomeMy WebLinkAboutItem No. 28 - Unique Builders of California, Inc.City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-365
Agenda Date: 9/13/2022 Status: Approval FinalVersion: 1
File Type: Successor Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 28)
Public Works Construction Agreement with Unique Builders of California, Inc. for the Diamond
Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project, CIP Project No.
Z20003
1.Award and authorize the City Manager to execute a Public Works Construction Agreement to
Unique Builders of California, Inc. in the amount of $868,240.00 for the Diamond Club Kitchen &
Beverage Services Area ADA Accessibility Remodel project in substantially the form attached and in
such final form as approved by the City Attorney;
2.Authorize the City Manager to Execute Change Orders not -to-exceed the 10% contingency amount
of $86,824.00; and
3.Authorize the City Clerk to Record the Notice of Completion once the work is complete.
Page 1 City of Lake Elsinore Printed on 9/8/2022
Page 1 of 2
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To: Honorable Chair and Members of the Successor Agency
From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director
Date: September 13, 2022
Subject: Public Works Construction Agreement Award to Unique Builders of
California, Inc. for the Diamond Club Kitchen & Beverage Services Area ADA
Accessibility Remodel Project, CIP Project No. Z20003
Recommendation
1. Award and authorize the Executive Director to execute a Public Works Construction
Agreement to Unique Builders of California, Inc. for $868,240.00 for the Diamond Club Kitchen
& Beverage Services Area ADA Accessibility Remodel project in substantially the form
attached and in such final form as approved by the Successor Agency Counsel;
2. Authorize the Executive Director to Execute Change Orders not-to-exceed the 10%
contingency amount of $86,824.00; and
3. Authorize the Agency Secretary to Record the Notice of Completion once the work is
complete.
Background
Under the Stadium Operations Contracts and Interim Management Agreement, the Successor
Agency is responsible for capital repairs. This renovation project at Diamond Club Kitchen will
include remodeling the existing kitchen, bar, and mezzanine facility of approximately 8,000 square
feet. Additional improvements will include kitchen reconfigurations in several areas to improve
operational efficiencies and ADA accessibility and to satisfy current health code requirements.
As outlined in the California Public Contract Code, construction bid documents were prepared
and advertised for bid per the requirements. On July 21, 2022, the Successor Agency posted on
PlanetBids the notice inviting bids for the Diamond Club Kitchen & Beverage Services Area ADA
Accessibility Remodel Project (CIP PROJECT #Z20003). On Wednesday, August 31, 2022, the
bid submittals were publicly opened, examined, and declared in the City Hall Conference Room
B, 130 South Main Street, Lake Elsinore, California, at 2:00 p.m.
Unique Builders of California, Inc.
September 13, 2022
Page 2 of 2
Discussion
Contractor bids were opened publicly and immediately reviewed by staff. The Successor Agency
received four (4)) bids from qualified contractors. The low bidder, Unique Builders of California
Inc., is recommended by staff for the award of the contract, and the bid results are summarized
below:
Contractor Location Amount
Unique Builders of California Inc.
33175 Temecula Parkway
Ste A #747
Temecula CA 92592
$868,240.00
R Dependable Construction
1019 W 3rd St Ste B
San Bernardino, CA 92410 $880,000.00
CalTec Corporation
8732 Westminster Blvd. Ste 2
Westminster CA 92683
$1,248,000.00
Corner Keystone Construction Corporation 340 Lemon Ave Ste 5210
Walnut CA 91789
$1,617,750.00
Fiscal Impact
Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project CIP, Project
No. Z20003 is included in the Fiscal Year 22/23 – 27/28 Capital Improvement Plan (CIP) budget.
The contract amount herein is fully funded with Real Property Tax Trust Funds (RPTTF) allocated
to the Agency through the ROPS.
Exhibits
A – Agreement
B – Proposal
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Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Unique Builders of California Inc
For the
Diamond Club Kitchen &
Beverage Services Area
ADA Accessibility
Remodel Project
CIP PROJECT NO. Z20003
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of September 13, 2022, by and between the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore, a public body, corporate and politic established pursuant to Section
34173 of the Health and Safety Code (“Agency”) and Unique Builders of California, Inc.
(“Contractor”).
The Agency and Contractor, in consideration of the mutual promises and covenants set
forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following
public improvements (“work”) identified as:
Diamond Club Kitchen & Beverage Services Area ADA Accessibility Remodel Project (the
“Project”)
The Agency-approved plans for the construction of the Project, which are incorporated
herein by reference and prepared by STK Architecture, are identified as:
Click or tap here to enter text.
The Project Documents include this Agreement and all of the following: (1) the Notice
Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted
by the Contractor, Contract Documents, General Specifications, Special Provisions, and all
attachments and appendices; (2) everything referenced in such documents, such as
specifications, details, standard plans or drawings and appendices, including all applicable State
and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and
affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or
extending the work contemplated as may be required to insure completion in an acceptable
manner. All of the provisions of the above-listed documents are made a part of this Agreement
as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made
and performed by Agency, Contractor agrees to construct the Project, including furnishing
all materials and performing all work required for the Project, and to fulfill all other obligations
as set forth in the Bidder’s Proposal, such contract price being $868,240.00.
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b. Agency hereby promises and agrees to employ, and does hereby
employ, Contractor to provide the materials, do the work, and fulfill the obligations according to
the terms and conditions herein contained and referred to, for the prices set forth, and hereby
contracts to pay the same at the time, in the manner, and upon the conditions set forth in
the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling
all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the Project Documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
3. Completion of W ork.
a. Contractor shall perform and complete all work within 125 working days
from the date of commencement specified in the Notice to Proceed, and shall provide, furnish
and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes,
utility and transportation services required for construction of the Project.
b. All work shall be performed and completed in a good workmanlike manner
in strict accordance with the drawings, specifications and all provisions of this Agreement as
hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and
any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by
any act or omission of the Agency, the City Engineer, a City inspector, or a representative of any
of them, unless such act or omission actually prevents the Contractor from fully complying with
the requirements of the Project Documents, and unless the Contractor protests at the time of
such alleged prevention that the act or omission is preventing the Contractor from fully
complying with the Project Documents. Such protest shall not be effective unless reduced to
writing and filed with the Agenc y within three (3) working days of the date of occurrence of the
act or omission preventing the Contractor from fully complying with the Project Documents.
d. Agency and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, damages will be sustained by the Agency
and that, it is and will be impracticable or extremely difficult to ascertain and determine the
actual amount of damages the Agency will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per
calendar day, and that the Contractor will pay to the Agency, or Agency may retain from
amounts otherwise payable to Contractor, such amount for each calendar day by which the
Contractor fails to complete the work, including corrective items of work, under this Agreement
within the time hereinabove specified and as adjusted by any changes to the work.
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4. Changes to Work. Agency and Contractor agree that the Agency may make
changes to the work, or suspend the work, and no matter how many changes, such changes
or suspensions are within the contemplation of the Contractor and Agency and will not be a basis
for a compensable delay claim against the Agency nor be the basis for a liquidated damage
claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the Agency and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The Executive Director is authorized to sign any change order provided that sufficient
contingency funds are available in the Agency’s approved budget for the Project. All change
in the work authorized by the change order shall be performed under the applicable conditions
of the Project Documents. Agenc y and Contractor shall negotiate in good faith and as
expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price
in the form that complies with the Project Documents and is satisfactory to the Agency Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise
disposed of by Contractor without the prior written consent of Agency.
7. Licenses. Contractor represents and warrants to Agency that it holds the
contractor’s license or licenses set forth in the Project Documents, is registered with the
Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such
other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are
legally required of Contractor. Contractor represents and warrants to Agenc y that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of
this Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the Agency and
its officials, officers, employees, agents, the County and Board Supervisors, and volunteers
from and against any and all losses, liability, claims, suits, actions, damages, and causes of
action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any
violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or
in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
or character of their work. The foregoing obligation of Contractor shall not apply when (1) the
injury, loss of life, damage to property, or violation of law arises from the sole negligence or
willful misconduct of the Agency or the City of Lake Elsinore or its officers, employees, agents, or
volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have
contributed in no part to the injury, loss of life, damage to
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property, or violation of law. It is understood that the duty of Contractor to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by Agency of insurance certificates and endorsements required under this
Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or
claims for damages whether or not such insurance policies shall have been determined to
apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions
of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure
and maintain, for the duration of the Agreement, unless modified by the Agency’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the Agency at least thirty (30)
days prior to such change. The insurer shall agree to waive all rights of subrogation
against Agency and the City of Lake Elsinore, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for Agenc y. In the
event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s
Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the Agenc y a Certificate of Exemption from Workers
Compensation Insurance in a form approved by the Agency Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Required commercial general liability coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No
endorsement may be attached limiting the coverage.
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iv. Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Design-Builder shall obtain (or cause to be obtained) and
keep in force during the term of any construction, builder’s risk insurance insuring for all
risks of physical loss of or damage (excluding the perils of earthquake and flood).
v. Professional Liability Coverage. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000)
on a claims-made annual aggregate basis, or a combined single limit per occurrence
basis.
b. Endorsements. Each general commercial liability and automobile liability
insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII
and shall be endorsed with the following specific language:
i. The Agency and the City of Lake Elsinore, its elected or appointed
officers, officials, employees, agents and volunteers are to be covered as additional
insured with respect to liability arising out of work performed by or on behalf of the
Contractor, including materials, parts or equipment furnished in connection with such work
or operations.
ii. This policy shall be considered primary insurance as respects the
Agency and the City of Lake Elsinore, its elected or appointed officers, officials, employees,
agents and volunteers. Any insurance maintained by the Agency or the City of Lake
Elsinore, including any self-insured retention the Agency and the City of Lake Elsinore may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the Agency
and the City of Lake Elsinore, its elected or appointed officers, officials, employees or
agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Agency and the City of Lake Elsinore, its elected or
appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the Agency.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Agency. At the Agency’s option, Contractor
shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to Agency as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the Agency on or before commencement of
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performance of this Agreement. Current certification of insurance shall be kept on file with the
Agency at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to Agency: Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore
Attn: Executive Director
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Unique Builders of California Inc
Attn: Dave Carter
33175 Temecula Parkway Ste A #747
Temecula, CA 92592
11. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the Agency and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and Agency and approved as to form by the Agency
Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to Agency
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for
obligations of the Contractor under this Agreement will be permitted only with the express
consent of the Agency. Nothing in this Agreement shall create any contractual relationship
between Agency and any subcontractor nor shall it create any obligation on the part of the
Agency to pay or to see to the payment of any monies due to any such subcontractor other
than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
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17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties
shall mutually agree upon the mediator and share the costs of mediation equally. If the parties
are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor
in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter
the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite
power and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each party warrants that the individuals who have signed this Agreement have the
legal power, right, and authority to make this Agreement and to bind each respective party. The
Executive Director is authorized to enter into an amendment or otherwise take action on behalf of
the Agency to make the following modifications to the Agreement: (a) a name change; (b) grant
extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or
terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of
the Agency.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of Agency, during the term of his
or her service with Agency, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
22. Prevailing W ages.
a. Contractor and all subcontractors shall adhere to the general prevailing
rate of per diem wages as determined and as published by the State Director of the Department
of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of
these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of
Lake Elsinore and are available for review upon request.
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b. Contractor's attention is directed to the provisions of Labor Code Sections
1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these
Sections. The statutory provisions for penalties for failure to comply with the State's wage and
the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so. The minimum
wages to be paid are those determined by the State Director of the Department of Industrial
Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep
accurate payroll records, specifies the contents thereof, their inspection and duplication
procedures and certain notices required of the Contractor pertaining to their location. The
statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been
awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish
electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016,
Contractor and its subcontractors must furnish electronic certified payroll records to the Labor
Commissioner without regard to when the Project was awarded to Contractor.
d. Labor Code Section 1777.5 requires Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship
Committee nearest the site of the public works project, which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen to be used in the performance of the Agreement. The Contractor is
required to make contributions to funds established for the administration of apprenticeship
programs if the Contractor employs registered apprentices or journeymen in any apprenticeable
trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other
requirements may be obtained from the State Director of Industrial Relations or from the Division
of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful
to refuse to accept otherwise qualified employees as registered apprentices solely on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age.
e. Eight hours labor constitutes a legal day's work, as set forth in Labor
Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“AGENCY”
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, a public
body, corporate and politic established
pursuant to Section 34173 of the Health &
Safety Code
“CONTRACTOR”
Unique Builders of California, Inc.
Jason Simpson, Executive
Director
ATTEST:
By: Dave Carter
Its: Owner
Agency Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
Agency Attorney
Assistant Executive Director
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
BIDDER'S PROPOSAL
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
Company: UBCA, INC dba Unique Builders of California
Honorable Mayor Members of the Council:
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of
the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all
Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract
Documents, for the unit price or lump sum set forth in the following schedule:
BID SCHEDULE A —
Item No.
Unit
Total Bid
Description
Quantity
Units
Price ($)
($)
Mobilization & Demobilization Including
1
Construction Schedules
1
LS
$ 25,000.00
$ 25,000.00
Not To Exceed 3% of Total Bid
2
Demolition
1
LS
$ 68,000.00
$ 68,000.00
3
Architectural
1
LS
$285,000.00
$285,000.00
4
Structural
1
LS
$152,000.00
$152,000.00
5
Mechanical
1
LS
$ 32,400.00
$ 32,400.00
6Electrical
1
LS
$131,000.00
$ 131,000.00
7
Plumbing
1
LS
$123,000.00
$123,000.00
g
Appliance Installation (Owner Furnished
Appliances)LS
1
$ 51,840.00
$ 51,840.00
SCHEDULE A Total Bid: $868,240.00
(rigures-)
SCHEDULE A Total Bid: Eight hundred sixty eight thousand two hundred forty dollars and zero cents
(Words*)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.
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The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth
herein and in case of default in executing such contract, with necessary bonds, the check or bond
accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of
the City of Lake Elsinore.
The above unit prices include all work appurtenant to the various items as outlined in the Contract Documents
and all work or expense required for the satisfactory completion of said items. In case of discrepancies
between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has
investigated the site of the work and is familiar with the conditions thereon.
Date: 8/30/22
Dave Carter; UBCA, INC dba Unique Builders of CA
Contractor
By: Dave Carter
Contractor's State License No.: 920493
Class: B
Address: 33175 Temecula Pkwy Ste A # 747
Temecula, CA 92592
Phone: 909-851-4330
FAX: 951-303-0075
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ACKNOWLEDGMENT OF ADDENDA RECEIVED
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received.
Addendum No. 1 X
Addendum No. 2 X
Addendum No. 3 X
Addendum No. 4
If an addendum or addenda have been issued by the City and not noted above as being received by the
Bidder, the Bid Proposal may be rejected.
Bidder's Signature
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8/30/22
Date
NON -COLLUSION AFFIDAVIT
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
STATE OF CALIFORNIA
CIP PROJECT NO. Z20003
1
SS
COUNTY OF
(NAME)_ David Q artr
Affiant being first duly sworn, deposes and says:
That he or she is Secretary of
(Sole owner, partner or other proper title)
UBCA, INC dba Unique Builders of California the party making the foregoing Bid, that the Bid
is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly
or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that
anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by
agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or
to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any
advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that
all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or
data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public
Contract Code Section 7106)
Address: 33175 Temecula Pkwy Ste A # 747, Temecula, CA 92592
Telephone No.: _ 909-851-4330
Print Name: David Carter
Signature:
Title: Secretary Date: 9 ,3 1 , 2 - �_' —
SIGNING INSTRUCTIONS TO THE CONTRACTOR
Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the
description of the document on the notary certificate. Attach notary certificate immediately following
this Pape.
If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-
responsive and will be rejected.
SEE ATTACHED:
X3/3; 12Ucq:' �D-
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JURAT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
Subscribed and sworn to (or affirmed) before me on this day ofou
Q,)
20by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
'i
< c
Signature (Seal)
OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached docum continued)
Number of Pages Document Date
Additional i rmation
www.NotaryClasses.com 800-873-9865
LAURA OLIVA
Notary Public • California
Z Riverside County
z vs
Commission # 2405194
,,way`' My Comm. Expires May 23, 2026 r
INSTRUCTIONS
The wording of all Jurats completed in California after January 1, 2015 must be in the
form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed
does n °follow this form, the notary must correct the verbiage by using a jurat stamp
cod ening the correct wording or attaching a separate jurat form such as this one with
does contain the proper wording. In addition, the notary must require an oath or
affirmation from the document signer regarding the truthfulness of the contents of the
document. The document must be signed AFTER the oath or affirmation. If the document
was previously signed, it must be re-signed in front of the notary public during the jurat
process.
• State and county information must be the state and county where the
document signer(s) personally appeared before the notary public.
• Date of notarization must be the date the signer(s) personally
appeared which must also be the same date the jurat process is
completed.
• Print the name(s) of the document signer(s) who personally appear at
the time of notarization.
• Signature of the notary public must match the signature on file with the
office of the county clerk.
• The notary seal impression must be clear and photographically
reproducible. Impression must not cover text or lines. If seal impression
smudges, re -seal if a sufficient area permits, otherwise complete a
different jurat form.
Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
• Securely attach this document to the signed document with a staple.
BOND NO.
BIDDER'S BOND
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
KNOW ALL MEN OR WOMEN BY THESE PRESENTS:
That we
as PRINCIPAL,
hereinafter referred to as "Contractor', and
a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal
sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named,
submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the
payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake
Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder
exceed the amount of
THE CONDITION OF THIS OBLIGATION IS SUCH:
That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid
for the work for said project entitled above.
NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner
required under the Contract documents, after the prescribed forms are presented to him or her for signature,
enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and
files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, in accordance with said Contract documents, and as required by
law, and files the required insurance certificate(s) in accordance with said Contract documents, then this
obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the
Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all
costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
(SIGNATURE PAGE FOLLOWS)
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BIDDER'S BOND SIGNATURE PAGE
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of 20
BIDDER:
Contractor Name:
Address
Telephone No.:
Print Name:
Title
Signature
Date
CORPORATE SURETY:
Company Name:
Address:
Telephone No.:
Print Name:
Title:
Signature:
Date:
SIGNING INSTRUCTIONS TO THE CONTRACTOR
Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description
of the document on the notary certificate. Attach BOTH notary certificates immediately following this
page.
Corporate Seal may be affixed hereto.
The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the
State of California. Attach one original Power of Attorney immediately following the notary
certificates.
If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-
responsive and will be rejected.
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LIST OF SUBCONTRACTORS
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and
Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of
California) and should familiarize itself with Sections 2-3 of the Standard Specifications.
Name Under Which Subcontractor is Licensed: Distinctive Colors Painting
License Number: 826624
Address of Office, Mill or Shop: 33125 Sweetwater Canyon Rd., Menifee, CA 92584
Specific Description of Sub -Contract: and Bid Items of Work: Interior & Exterior Painting
Name Under Which Subcontractor is Licensed: Compass Builders, Inc
License Number: 1014045
Address of Office, Mill or Shop: 33891 Mission Trail, Wildomar, CA 92595
Specific Description of Sub -Contract: and Bid Items of Work Structural Steel
Name Under Which Subcontractor is Licensed: Genesis Glass
License Number: 919766
Address of Office, Mill or Shop: 265 E Mill St. Ste A, San Bernardino, CA 92408
Specific Description of Sub -Contract: and Bid Items of Work: Store Front Glass
Name Under Which Subcontractor is Licensed:
License Number:
Address of Office, Mill or Shop:
Specific Description of Sub -Contract: and Bid Items of Work:
Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the
laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors
for the same work.
REFERENCES
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
Failure to demonstrate adequate experience may result in rejection of the bid.
For all public agency projects with a similar scope of work which you have worked on (or are
currently working on) in the past three (3) years, provide the following required information:
1. Name
(Firm/Agency):
City of Lake Elsinore
Address:
130 South Main Ste., Lake Elsinore, CA 92530
Contact Person:
Gus Papagolos
Telephone No.:
951-674-3124
Title of Project:
Lake Community Center Rehabilitation
Project Location;
310 W. Graham Ave., Lake Elsinore, CA 92530
Date of Completion:
8/12/22
Contract Amount:
$547,550.00
2. Name
(Firm/Agency):
City of Lake Elsinore
Address:
130 South Main Ste., Lake Elsinore, CA 92530
Contact Person:
Gus Papagolos
Telephone No.:
951-674-3124
Title of Project:
Homeless Shelter - State Homekey 1
Project Location:
215 W Graham, Lake Elsinore, CA 92530
Date of Completion:
1/2021
Contract Amount:
$275,500.00
3. Name
(Firm/Agency):
City of Lake Elsinore
Address:
130 South Main Ste., Lake Elsinore, CA 92530
Contact Person:
Gus Papagolos
Telephone No.:
951-674-3124
Title of Project:
Emergency Repairs CDN
Project Location:
Camino Del Norte Rd., - Between Main & Franklin
Date of Completion:
9/6/20
Contract Amount:
$375,470.00
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4. Name
(Firm/Agency):
Maples & Associates, Inc.
Address:
24977 Washington Ave. Ste. J, Murrieta, CA 92562
Contact Person:
Mike Maples
Telephone No.:
951-491-9562
Title of Project:
PW Corp Yard - Building Cap Repair
Project Location:
522 Poe St., Lake Elsinore, CA 92530
Date of Completion:
6/2021
Contract Amount:
$322,820.00
5. Name
(Firm/Agency):
Maples & Associates, Inc.
Address:
24977 Washington Ave. Ste. J, Murrieta, CA 92562
Contact Person:
Mike Maples
Telephone No.:
951-491-9562
Title of Project:
Diamond Stadium Capital Repair Wall
Project Location:
500 Diamond Stadium Dr., Lake Elsinore, CA 92530
Date of Completion:
1/2020
Contract Amount:
$53,100.00
6. Name
(Firm/Agency):
Maples & Associates, Inc.
Address:
24977 Washington Ave. Ste. J, Murrieta, CA 92562
Contact Person:
Mike Maples
Telephone No.:
951-491-9562
Title of Project:
ADA Access Deck
Project Location:
32040 Riverside Dr., Lake Elsinore, CA 92530
Date of Completion:
6/2020
Contract Amount:
$147,718.00
7. Name
(Firm/Agency):
Calvary Chapel Bible Fellowship
Address:
34180 Rancho California Rd., Temecula, CA 92592
Contact Person:
Pastor Clark Van Wick
Telephone No.:
951-699-5809
Title of Project:
Baptismal Remodel
Project Location:
34180 Rancho California Rd., Temecula, CA 92592
Date of Completion:
5/2020
Contract Amount:
$188,786.80
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List any other projects (private, older than three (3) years, etc.) that may represent qualifying
similar experience:
1. Name
(Firm/Agency):
Address:
Contact Person:
Telephone No.:
Title of Project:
Project Location:
Date of Completion:
Contract Amount:
2. Name
(Firm/Agency):
Address:
Contact Person:
Telephone No.:
Title of Project:
Project Location:
Date of Completion:
Contract Amount:
3. Name
(Firm/Agency):
Address:
Contact Person:
Telephone No.:
Title of Project:
Project Location.-
Date
ocation:Date of Completion:
Contract Amount:
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CONTRACTOR'S INFORMATION
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
Contractor's License No.: 920943 Class: B
a. Date first obtained: 2008 Expiration 9/30/2024
b. Has License ever been suspended or revoked? No
If yes, describe when and why:
c. Any current claims against License or Bond? No
If yes, describe claims:
Principals in Company (List all — attach additional sheets if necessary):
NAME TITLE LICENSE NO.
(If Applicable)
David Carter
Keri Carter
Secretary
President
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VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations
of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5)
years relating to your construction projects?
YES NO (circle one)
Federal / State / Local (circle one)
If "yes," identify and describe, (including agency and status):
Have the penalties been paid? YES/NO (circle one)
2. Does your firm or its officers have any ongoing investigations by any public agency regarding
violations of the State Labor Code, California Business and Professions Code or State Licensing
Laws?
YE5 /9N (circle one)
Code/Laws:
Section/Article:
If "yes," identify and describe, (including agency and status):
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DISQUALIFICATION OR DEBARMENT
KITCHEN & BEVERAGE SERVICE AREA ADA ACCESSIBILITY REMODEL
CIP PROJECT NO. Z20003
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been
disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal,
state or local project because of a violation of law or a safety regulation?
(S l (circle one)
N
If yes, provide the following information (if more than once, use separate sheets):
Date: Entity:
Location:
Reason:
Provide Status and any Supplemental Statement:
Has your firm been reinstated by this entity?
YES / (circle one)
NO
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