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HomeMy WebLinkAboutPRR 2023-330.,r,r,,4a<l v Lst t f it-stttr-lnt "Y "r\'.'r -i'' Public Records Request I. REQUESTOR INFORilIAIION 2. CHOOSE THE TYPE OF DOCUMENTS YOU ARE REQUESTING 3. INFOR]UIATION OF DOCUIUIENTS REQUESTED ll document was not mentloned above, provlde brief descrlptlon * Regarding the February 28. 2023. City CouncilAgenda llem No. 14: Agreement With Uoique Builders of Calilornia. #Z40023\: 1. Copies of the executed contract documents 2. Copy of lhe Notice to Proceed 3. Copies of invoices submitted for paytnent 4. Copies of payments lo lhe contractor 5. Copies of change orders '. E-mail cogies are acceptable Supportlng Documantatlon (Optional) Jfr).b-kf, v lnc. (UBCA) ior Swick & Matich Renlodel (ClP Project Property Addres3 of Documents Requested StetAddress PO BOX 2102 Address Line 2 City BEAUMONT Postalzip Code 92223 Date Range for Documents (lf Applicable) From 2023-02-28 4. SIGNATURE 5. REVIEW Oate Recelved 2A23-D7-12 6. COMPLETE State/Province/Region Country United States 2023-07-12 Date Due 2023-07-21 To Request No. 2023-330 4 a.LAr(E.@,LSINOre -Y7 H DREAM EXTREME To: From: REPORT TO CITY COUNCIL Honorable Mayor or Members of the City Council Jason Simpson, City Manager Date: Subject: Prepared by: Rick De Santiago, Public Works Manager February 28,2023 Agreement With Unique Builders of California, lnc. (UBCA) for Swick & Matich Park Remodel (ClP Project #2400231 Recommendation Approve and Authorize the City Manager to execute the Agreement not to exceed the amount of $192,018.00 for Swick & Matich Park Remodelwith Unique Builders of California, Inc. (UBCA) in the form attached and in such final form as approved by the City Attorney and to execute change orders not exceeding a 10% contingency of $19,201.00 for uncertainties and adjustments. Background City Staff has solicited quotes from three (3) contractors for the site improvements at Swick & Matich Park. Many of these improvements are needed to satisfy ADA accessibility issues. All weathered and worn-out steps and seating made from railroad ties will be replaced with concrete construction. lmproved drainage from the slopes behind the dugouts will prevent the flow onto the playing field, causing excessive standing water and playing field downtime. A complete project scope development, onsite inspection, and walk-through by three (3) contractors were completed before the contracto/s quotes were prepared and delivered to the City. Page '1 of 3 Unique Builders of California, lnc. February 28,2023 Discussion To resolve many of these issues at Swick & Matich Park, staff has developed six (6) areas of consideration that will affect drainage and construction improvements to address overall park usability. Also associated with the work is constructing more durable, longJasting concrete surfaces throughout the park. These surfaces will improve the park's appearance and maintain low maintenance demand. The below-listed construction elements represent the scope of work for this prolect: Concrete . All concrete to be 3000 psi 4" thick. All concrete to have 33 rebar 18'oco All rubbish to be hauled away. All ADA railings are to be primed and painted with industrial paint r All blocks are to be S" split face 1 side block with a standard cap to match Stairs . Demo existing Railroad ties and haul to dump. Grading for new stairs in 2 locations. Form and pour new stairs 4' wide and 45' long. Form and pour 4'wide by 14' long at the end of the dugout. ADA railing tub steel primed and painted 45'long 1 side only. ADA railing rub steel primed and painted 14' along both sides of stairs 28 l.f. total Block retaining wall/dugout by third base . Grading for wall and dig footings. Split face one side S" cinder block wall built to City standards with standard cap 67' long x 30" tall. Side walk next to retaining wall 67" x3' wide. Demo dugout block and haul away at third base. Form and pour concrete area in dugout area 9'x9'and 13'x8' and 27'x9' 428 s.f . Dugout area by first base . Demo dugout block and haul away at first base. Grading area. Form and pour concrete 39'x1 1'by first base Page 2 of 3 Unique Builders of California, lnc. February 28,2023 Center of field sidewalk . Demo existing asphalt sidewalk 4'wide x245'long 980 s.f.. Grading. Form and pour concrete 4' wide x245'long 980 s.f.. Concrete area by bleachers of 62'x28'=173 s.f. (by third base) 56'x15' total of 840 s.f. (by first base). Total of 2576 s.f . Behind Field #3 . Remove and set aside (2) sets of bleachers. Demo concrete area behind the home base of 107'x23'2461 s.t.. Demo and haul away two dugouts block. Form and pour 107x23'2461 s.f .. Form and pour concrete in the dugout by third base 10'x25' 250 s.f. and by first baseo Grading. Demo existing asphalt sidewalk 4'wide x296'long 980 s.f. 1184 s.f. by the third base side. Form and pour concrete 4' wide x 296' long 1 184 s.f. by the third base side The City received three proposals for the Swick & Matich Park Remodel. The amounts of each proposal are listed below: Fiscal lmpact Funds are available in the City's Fiscal Year 22123 Capital lmprovement Plan (ClP). Attachments Attachment 1 - Agreement Exhibit A- Proposal Name of Company Amount Unique Builders of California $192,018.00 A/AA Restoration $192,023.40 Above All Names $582,210.59 Page 3 of 3 DocuSign Envelope lD: 4CBl 8FAG7CD3-486A-8E3G231DFBE40F22 Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Unique Builders of California lnc. For the Swick & Matich Park Remodel ctP PROJECT NO.z40023 This Agreementfor Public Works Construction ("Agreement") is made and entered into as of February 28,2023 by and between the City of Lake Elsinore, a municipal corporation ("City') and Unique Builders of California Inc. ("Contractor''). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Proiect and Proiect Documents. Contractor agrees to construct the following public improvements ("work") identified as: Swick & Matich Park Remodel CIP Project No. 240023 The Project Documents include this Agreement and all of the following: (1) the Notice lnviting Bids, lnstructions to Bidders, Bid Documents including Bidde/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 clariffing, 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 City, 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 One Hundred Ninety-Two Thousand Eighteen and zero cents. $192,018.00 b. City 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 Docusign Envelope lD: 4CB1 8FASTCD&486A-8E3G2IDFAE40F22 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 specitied in the Project Documents; and also including those arising from actions ofthe elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknorns or risks of any description connected with the work. 3. Comoletion of Work. a. Contractor shall perform and complete all work within Qworking 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 ofthe 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 Poect. c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, 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 ofthe 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 City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Poect Documents. d. City 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 City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. lt is, therefore, agreed that such damages shall be presumed to be in the amount of Click or tao here to enter text. per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otheMise 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. 2 Doclsign Envelope lD: 4CB18FAG7CO3-486A-8E3G231DF8E40F22 4. Chanoes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no mafter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City 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 orde/') signed by the City 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 ofthe adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufiicient contingency funds are available in the City'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. City 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 (1000/o) ofthe contract price in the form that complies with the Poect Documents and is satisfactory to the City Attorney. 6. Non-Assionabilitv. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transfened, conveyed or otheruise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and wanants to City that it holds the contEcto/s license or licenses sel forth in the Project Documents, is registered with the Department of lndustrial 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 wanants to City lhat Contractor shall, at its sole cost and expense, keep in efiect 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. lndemnitv. Contractor shall indemnifu, defend, and hold harmless the City 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 outof any personal injury, bodily injury, loss of life, ordamageto property, orany 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 ('l) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City 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 3 DocuSign Envelope lD: 4CB1 8FA&7CD3-4864-8E3G231 DF8E40F22 property, or violation of law. lt is understood that the duty of Contractor to indemniry and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City 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. lnsuranceReouirements. a. lnsurance. Contractor, at Contracto/s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Comoensation Coveraoe. Contractor shall maintain Workers' Compensation lnsurance and Employeis Liability lnsurance for his/her employees in accordance with the laws of the State of Califomia. ln addition, Conlrac{or shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance in accordance with the laws of the State of Califomia for all of the subcontractods employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ln the event that Contraclor is exempt from Workefs Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of Califomia, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation lnsurance in a form approved by the City Attorney. ii. Commercial General Liabilitv Coveraoe. 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. lf 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 lnsurance Services Ofiice Commercial General Liability occurrence form CG 0001 (ed. 11/88) or lnsurance Services Office form number GL 0002 (ed. l/73) covering comprehensive General Liability and lnsurance Services Ofiice form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilitv Coveraoe. 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 coverElge 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 lnsuran@ Services Office Automobile Liability form CA 0001 (ed. '12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. 4 Docusign Envelope lD: 4CB1 8FASTCD&486A-8E3G231 DFBE40F22 iv. Buildels Risk Coveraoe. 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 ofor damage (excluding the perils ofearthquake and flood). v. Professional Liabilitv Coveraoe. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contracto/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 (91,000,000) 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:Vll and shall be endorsed with the following specific language: i. The City, 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 conneclion with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, ofiicials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City 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 City, its elected or appointed ofiicers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, 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 afrer thirty (30) days written notice has been received by the City. c Deductibles and Self-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Conlractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of lnsurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 5 OocuSign Envelope lD: 4CB18FAG7CD9486A-8E3G231DF8E40F22 performance of this Agreement. Current certification of insurance shall be kept on lile with the City 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. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk Wth a copy to: 130 South Main Street Lake Elsinore, CA 92530 lf to Contractor: Unique Builders of California, lnc. Attn: Dave Carter 33175 Temecula Parkway, Suite 4747 Temecula, CA 92992 11. Entire Aoreement. This Agreement constitutes the complete and exclusive statement of agreement between the city and contractor. All prior written and oral communications, including correspondence, drafis, 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 City and approved as to form by the City Attorney. 13. Assionment and Subcontractino. Contractor shall be fully responsible to City 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 City. Nothing in this Agreement shall create any contractual relationship between City and any subcontrac{or nor shall it create any obligation on the part of the city 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. 't5. Severabilitv. lf any term or portion of this Agreement is held to be invalid, illegal, or otheMise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Conlrollino Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of Califomia and any action brought relating to this Agreement shall be held exclusively in a stale court in the County of Riverside. 6 DocuSign Envelope lD: 4C818F46-7CD3-,{BOA-8E3G231DF8E40F22 17. Litioation Exoenses and Attornevs' Fees. lf 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. Medlation. 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. lf 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. lf the dispute remains unresolved after mediation, either party may commence litigation. 19. Authoritv to Enter Aoreement 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 City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City 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 City. 20. Prohibited lnterests. Contractor mainlains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contraclor, to solicit or secure this Agreement. Further, Contractor wanants 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, percenlage, brokerage fee, gift or other consideralion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, ofiicer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Eoual Ooportunitv Emplovment. 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. 2. Prevailino Waoes. 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 Deparlment of lndustrial 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. 7 Docusign Envelope lD: 4C81 8FA6-7CD3-486A-8E3V231DF 8E40F22 b. Contracto/s aftention 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 mntract and speci! 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 lndustrial Relations. Labor Code Section 1776 requires the Contrac{or and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplicalion procedures ind certain notices required of the Contractor pertaining to their location.. The statutory penalties for failure to pay prevailing wages will be enforced. lf the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its submntractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must fumish electronic certified payroll re@rds 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 Committe; 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 ipp-rentices 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 joumeymen in any apprenticeable iradl and if other contractors on the public works site are making such contributions. lnformation relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of lndustrial 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. ln approving this Agreement, it shall not be necessary to produce or account for more than one such munterpart. [Signatures on next page] 8 DocuSign Envelope lD: 4CB1 8FA6-7CD3-486A-8E30-231DF 8E40F22 lN WITNESS \ /I-IEREOF, the parties have caused this Agreement to be executed on the date first written above. ..CITY' CITY OF LAKE ELSINORE, a municipal corporation ATTEST: APPROVEDAS TO FORM: "CONTRACTOR" Unique Builders of California, lnc. Dave Carter Owner Click or tap here to enter text. CliqK*or tap here to enter text. By: Its: By: Its: Jnuw $ir.,r|sar,,, 9 Docusign Envelope lD: 4CB18FA6-7CD3-486A-8E3G231DF8E40F22 EXHIBITA CONTRACTOR'S PROPOSAL IATTACHED] DocuSign Envelope lD: 4CB1 8FA6-7CD3-486A-8E3G231 DF8E40F22 EXHIBIT B LIST OF SUBCONTMCTORS [ATTACHED] DocuSign Envelope lD: 4CB1 8FA6-7CD3-486A-8E3G231DF 8E40F22 QUOTE UBCA, lnc. Unique Builders of California 33175 Temecula Pkwy Ste A#747 Phone: 909-8514330 Fax 951-303-0075 Email : u bcainc@ubcainc.com Quote #: 00000751 Date: 101212022 Page: 'l To: of Lake Elsinore Public Works 1 North Langstaff Elsinore, Ca Description TotalAmount: UNICIUE BUILDERS @ CALIFORNIA License # B-920943 , TO: of Lake Elsinore Public Works North Langstaff Elsinore, Ca Amount MATICH PARK REMODEL-' #1: dugout and surrounding concrete railroad tie stairs and replace with new concrete stairs new galvanized hand rail on both sides of stairs approx. 864 sqft of new concrete in an around dug out 4'tall split face block retaining wall approx. 150' long with cap french drain behind wall new concrete stairs by water valve #2: dugout and concrete approx. 650 sqft of concrete in and around dugout '-Ball: sod behind backstop approx. 2442 sqft of concrete behind backstop existing asphalt sidewalk through the grass field approx. 4x275lineal feet of concrete sidewalk #3: dugout and concrete floor #4: dugout and concrete floor concrete in both dugouts All labor, material, haul off and clean up included rates $12,4s5.00 at DocuSign Envelope lD: 4CB1 8FA6-7CD3-4B6A-8E30-231OF 8E40F22 UNIOUE BUILDERSE CALIFORNIA License # 8-92094.3 To: of Lake Elsinore Public Works 1 North Langstaff Elsinore, Ca Amount QUOTE UBCA, lnc. Unique Builders of California 33175 Temecula Pkwy Ste A#747 Phone: 909-8514330 Fax 951-303-0075 Email: ubcainc@ubcainc.com Quote #: 00000751 Date: 101212022 Page: 2 llTo: of Lake Elsinore Public Works '1 North Langstaff Elsinore, Ca Description 'All concrete to be 3000 psiwith #3 rebar at24" on center Permits, Engineering, Soils Testing, or Special lnspections, not included TotalAmount:$192,018.00 ffi DocuSign Envelope lD: 4CB1 8FA6-7CD3-486A-8E3G231DFBE40F22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION O}ILYAiID COilFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERNFICATE DOES ilOTAFFIRTANVELYOR ilEGANVELYAXIEND, EXTEND ORALTERTHE COVERAGEAFFORDED BYTHE POL]CIES BELOW. TH|S CERTTFTCATE OF tilSURAl{CE DOES t{OT CONSTTTUTE A CONTRACT BETWEEil THE lSSUll{G INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,Ai{D THE CERTIFICATE HOLDER. lf SUBROGATTOI{ lS WAI\rED, suqect to the tenB and conditiom of tho policy, certain policies rnay requirc an endorBement A st tement on thia certificate does not confer to the certificate holder ln lleu of such PRODUCER Hatter, \Mlliams & Purdy lnsurance 2230 Fanday Ave Carlsbad CA 92008 Unique Builders of Califomia 33175 Temecula Pl('^ry SteA#747 Temecula CA 92592 CERTIFICATE OF LIABILITY INSURANCE COVERAGES 22-23Mastet IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED MMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WTH RESPECT TO \A'}IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVT.I MAY HAVE BEEN REOUCED BY PAID CLAIMS. COM IU ERCIAL GENERAL LIABILITY .LATM'MADE l-l *"r" GEN'LAGGREGATE LIMIT APPLIES PER: *.,"' n !g n.o. OTHER: ANYAUTO owlED fr.z-l scxeouuo AUTOS ONLY I I AUToSHIRED f\., NON.OWNEo AUTOS ONLY LAI AUTos oNLY DESCRIPnON OF OPERAIOilS / LOCATIo|IIS, VEHICLES (ACORD 101, Additionll Rmrrlc Sdrcdul!, msy b. .ttrched if mm 3p.E ir rlguied) Certificate Holder is named Additional lnsured as required by a written contract. 30 days notice of cancellation except 10 days notice for nonpayment of premium HOLDER City of Lake Elsinore 130 South Main St SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCOROANCE WTH THE FOLICY PROVISIOITIS. AUTHORIZED REPRESENTATIVE 'Al*; $ata" @ 1988-2015 ACORD CORPORATIOI{. Atl right! rr3erved. The ACORD name and logo aro registered merkc of ACORDACORO 25 (2016103) POUCY NUTTBER LtttTs KEN I EU s s s 3 s s A AU'I = UBAU379365 ilNgLE LIMI I s 1,000,000 BODILY INJURY (Psr peEon)$ BODILY INJURY (Per a€ident) FFoFERTTEMEGE- I $ Uninsured motorist Bl-S l,UOO,UUU UTBRELU\ LU\B EXCESS LTAB OCCUR EACH OCCURRENCE s AGGREGATE 3 ... I l.-.nr,.n*s ,VORKERS COI{ PENSATION {ND EMPLOYERS' LIABILITY IPEX I IUIH.I crarr rrE I I Eg \NYPROPRIETOR,PARTNER,EXECUTIVE I- )FFICER/MEMBER EXCLUDEO? Ltrndltory in NH) t yes, desqibs under )ESCRIPTION OF OPFRATIONS bltu s s DocuSign Envelope lD: 4CB1 8FA6-7CD3-4BOA-8E3G231DF 8E4OF22 DcorSrgn Envebpe lD: 8C47F9{5-8418{871{3CE-BOaECoCE 170l---l )ACo'Ri'CERTIFICATE OF LIABILIW INSURANCE orlg(IDATTYYYI Nt lt, nfls cEinFEATE lS IS{IUEO AS A rArIER Of rrfORtATl()|{ OilLy ArO COT|FEAS T{O RrcXrS UrOr rHE CERTtFlcArE t{(LO€n. TxtS CCiTFlcATE OOES lr0r AFTfiIAITVELY Of, XEGAIffiLY AICXO, eXTEl,lO OR llLIER TXE COT ERAGE AFFORDEO BY II{E POIJCIES BELOW. rHls CEinFlcATE OF tt{tURATCE OOCS XOT Oorts?rruTE A COiTTRACT EETWEEX THE ASUn6 HSirRCR(Sr. AUIXOAtrEO REPTCSEITA'N,E OR PROOUCEN. A"D ITIC CER?FICATC HOLOCR flFORTAllT: It lh. c.tdllc.t holdc, lr rn ADgTlOll L lt{StnEO, tllG poaacr{-r} ml,rt h.y. AOOITIOIIAL ll{sUReO P?wirlo.i. s br mrb.!rd. ll SUBROGAIICTil 13 WAMD, tuql.C to itr. lattnr xld cerrdliofl. ot tlr. pollcr, c.ruan policL! ,ru!, ?.qulra m '|rdo.:t.mrn! A ltat.m.nt on tltb c.rliicrL do.r noa coar.r riahts lo th. c.rtficL holdar ln lbo ol rucfi rodorcrmrr{rt. ttoarclr Fcnartr lnrurrnc. Sarylcat, lnc. l4O1 IYXbw Parr Roed, Src t80 Concord, CA 94520 @9103. *€rmo UBCA lnc 33175 fcmecul. Pkuy 3t! A fa7 Yrmarrlr al Oraltt H-r.r, (ggCf.reer .IllIa{3!^F ODaAol,Ctl'at . IlE, fnrrr^: Sq{tedrh"lqcunnolcqtE r!, l7?B,?rirrEr!. $vQdorllannrrcGgnrprny &!rO7 i{erlctg j otirlf,i o : arartat I fttEaa. IHIS IS IO CERTIFY THAI THE POLICIES Of NSUM'{CE LISIED B€LO$' HA\IE SEEI{ ISSU€D 'O ?I+E INSUREO i'AICD ASOVE FOf TlrE Pq.ICY PEROO INO|CAT€O. I{OIWTHSTANOING AI{Y REOIJIREIIEMI. IERTT OR CONOIIIOiI OF ANY COI{IBACT OR OIHER OOCIJIEXY WITH RESPECI IO wl{ICH THIS OERTIF}CAIE IIAV BE ISSIJEO qt T Y PCRIAI'I. T}+C D'SURAIEE AfFORDED BY I}IC POT|CIES ESCRO€D T€R€fi 6 SUA,IECT TO TTL TH€ 'ERT'S.exctugq{s AxD coilomo}.sof strc:lr Po.rctEs rHlTs tlx(rwx rl^Y HAVE aFEx REo(rccD By p^o qrnas. H rttG*rrl.erc! - *H reymr-rr ,S#trL ,!S;g;#^ Lrr3 ,{. c*naelotlnrrLtrrurY crlrrs u^ot X **. .i*.^**arr,,*r^i,,=r*" - .X ,oo ffi rc OIHER A Y RBSO0617t0 0.to2t22 frcHccumfflcE . r 1.Q00,0o0.olrcIOiErnEO' . -*fta*inrerepv!cl-.!_ * -_ _ 100,0!0 .rEDErp_r/rryrF.:!!!_. . t ._ . 5r0O0 UMzn -?EFe!$!lry.EJ14l_-*r_ __l-ogg,qlo_ cr,ic a^cG.EGAlE__ . r, _?,q90^@ ?ROrrJClls_ ffercc.- t lr00r00o I auve(E(f urruw Aft AUIO ollrr{oarrtos (xt Y xnED AUIOS OILY 3Ct€qJL(oarrosror0s€o A..IOS OILY goffioslrclEtSI F. rrilrdl-.o?!:al{'rr,1-g aOOi,Y x aY P, Fd..r) ,rdt-etY oisdE---'thrp94a2 I t t I t .'-.' occue . - e,cry.|c ,- ctarer{oc - 0lO ElrE$nots E^CHCCtrREilCg-_.- .. - t ^Goiqg tt ._ . I I rElltr.ot3tt'Lral.til YrtAlv pllrs€?d,P^atrER€r€cutrr/E t-lOfFrc€itariaftErcruDEot LJ xtlil.d.r!iilltIacrhE*d3trlfr&.EutrxE ".AIU!E €!. EL€lf,,{^Cjltrxl - .i €r.Osf S€.E,^EllPtOYEE S E! OIS SE.toffiLlf? t B fiLANO f,ARrtE 04{x0379r4 ii5l-.atrt O2fi?fu O,,frrna lciaCqlh..ir tr00,m 36?,,a46 ClgtffXl f Oq rilll raqE^iqS rYDGlIl OCCD tn. l.l-.d h. tdrdra. it t dr- lm.E b rt..li.., C.lllfic*c hotd.r la namcd .3 addlllonal lnrwtd p.r di.chcd.odottdn nt. o r9ar-2013 AconD coftPoR^noir. Thr ACORO arn..rd loio.rr r.gistcrtd.D!rt3 ol ACORO IHO|A.D AltV Of rXE A80YE OESCISEO FOUCES BE CA!|C€LLEO aEFOT€ YXC 'IPTAYIO' OAIE NTEIIC. XO'EIE Wl T 'f DGUI!IEO 'TACCOaO TCE UllX n* FOTTCV FROvIi.Or3. Gity ol Letr Elrinorc ,30 Sordr f,ain S1. Lah Ehiroru, CA 9ZSl0 \q= Atl.igfttr .cr.rvad. AC(}*O 25 (20r5,0ll DocuSi gn Envelope I D : 4C B1 8FA6-7C D3-4 B6A-8E30-23'I DF 8E40F 22 00c1rS€n Envelope lD: EC47F94$8,4 t B-1E71J3CE'80aEC0CE17D1 Underwritten by Scottsdale lGsuratrce Company ENDORSETIIENT NO. _ TH]S ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BLAN KET ADDITIONAL TNSUREo.4NGOING OPERATIONS This endorsemenl modifi€s insurance provided under the followiog: COTIERCIAL GEXEML LIABILITY COVERAGE FORX SECTTOX tt--WHO |S Al{ HSUREO, paragraph C.. is anrended to indude, lor COVERAGE A4OD|LY II{JURY, PROPERTY DATAGE. PERSONAL INJURY AT{D AOVERTISINC INJURY LIABILITY ONIY, AS an additlOnal insurcd, any pefsotl, entity or grganization fOr whorn the Nalpd lnSurrd is performing ongolng opcralionr only when the Nemcd lneursd has agreect,rrith ths person, entity or organization in an inrurcd contract lo name the porson, entity or olganization as an tdditaonal insurcd, l. Such person, entity or organization is only an addltlonal insurod wilh respecl to liability for bodi- ly injury or property damagc caused, in whole or in part, by the ongolng operations of the [amed lnsurcd perlormed for the addhlonal insured- 2. The insured contruct must be cunently in eflect or becofle effective durirg the policy period, be executed prior to lhe bodily injury or property damage lirst happening, and be between lhe l{emsd lnsurgd ard the additional insured. 3. This covoragedoes not apply to bodily inlury orproperty damege afier a. Yourwott fortheeddltlon l lnsurcd lus been completed: or b. That portion of your wort out ol which the bodlty injury or propcrty damege a.ises has been pul to rts mtendod use by any pe.son or organization. /4. The applicable limit ol our liability shall not be increased by the indusion of the addluonal in- surcd under the Pdicy. 5. We shall have no duty to indemnrfy the edditlonal inturod for damagfi,claime or any olhe lia- bilities ansirp ftom aclions. inactions, enors or omissbns of tlre additionrl insured. 6. Our duty to indemnify the additionrl insured under 8n insurcd contrtct pursuant to lhis erF dorsernent sha[ be limited to that sum derived by applyrrp the porcentago of fuull of the llamed lnrured as determined by the fierof-fact to the total darnage sum allocated by lhe trier-of-facl lo the additional in3ur.d. Under no circumsl,ances shall we pay more lhan this proportbnate n- demnity sharo required ol the policyiolder in the inrurcd conlr.cL 7. Any indemnity payments made on behal{ of any additlonal insured und€r an lneurcd contreqt shall r€duce the apy'icable limits oI insurance on a dollar {or dollar basis. Any indemnity pay- rn€nts peid to or ori behalf ol the .dditional inrured BJrsuant to this endorsement are subied to Ue terms. condatio.rs and limilations ot the policy. a?t ciaDrof,BtdarE I rxI o,rq.rYtnl,t CEKICEI'' C'NEC'T.E OA't {rtar al 3?araolto lI}lrEo ta3rlEo ,acrY lo. RBS0081 770 Mto2tm22 UBCA lnc cATgz sDs,6 (1-19)Prg. 1 or 2 3! *-,*,..' DocuSign Envelope lD: 4CBl 8FAG7CD3-4BOA-8E3E231DFBE40F22 DoorSign Envetope lD: 8Ol7F9rlHXt B-1E7l43CE-Bo,|EC(f E 1701 E. This endorsement does nol crgate a duty on osr part to delend the additional insurrd or to per- ticipate in, contdbute to. or reimh.rse any porson, organrzation or entty for any fee of erpefises incuned in the delense of the eddlUonrl lnsured. SECTKIN |V-4O[I|ERCIAL CENERAL LlABlLrY CONOITIONS, Condition E.INSURED'S OUT]ES lN THE EVENI OF OCCURRENCE, OFFENSE, CLAIM OR SUIT of the pdicy is amended to indude. An edditionel inrured under this endorsement shall in addition to complying wittr all provisions of the pdicy: 1. Give written nolice to ut of an occuranc. or an ofrense which may result in e clram or rull with- in Otirty (30) days ol notice to the additional insured. 2. Give written notice lo us of a cbim or rull brought against the addl$onal insurcd wihin thirty (30) days of the eddldonal ansur.d bang served with the clelm or eult 3. Give written notice to any other insurer wlp has or may hav€ @v€rage und€r its policy or polkjes for a clalm,sult or clemand for delense or indemnity within thirty (30) days ol the additionel in- surcd being served wilh tha clafin,sull or demand for defense or indemnity. Such nolice must demand the fu0 coverage availaUe urder the policy. The addhloncl lnsurod will nol take an'y irc- fion to waive or limils such other coyerage availaue to it. 4. Obtain and provile to ur copies of eacfi and every polio-y hom each ard evety hsurer irentified pursuant to th€ preceding paragraph. Thic ondofiGt[ent is rubitct to ell tcnnl conditinnc rod cxs{urione of tfic pogclr, r'hich runein unchangcd. AUTI.IC'RIzEO REPRESEN'TATIVE Prgc 2 ol 2 OAIE ilsos-6 {i-r9) ilnloruidc' DocuSign Envelope lD: 4CB1 8FAG7CD3-486A-8E3S,231 DF8E40F22 DocuSgn En\r.lope lD : 8C4 7F94$&4 I 8'{E 7 1 -83CE'BO4EC0CE t 7D I ^ACORD uuQBul.0l CERTIFICATE OF LIABILITY INSURANCE or (9t9) 769'3100 taarrcEi rrrralGi-llrta!!- corEr4ql !iun! ^, Bcnclunlft ln3unnc. -cotttPryry orE(mlVlvn i lfi , r"r (9119) 76+'3a3{l .alE a :4t39a :- UBCA, Itr slt75 f.lt|.cub P!(WY, Sult. A r7a7 T.lrlcul. CA 92302 W'C C f,S"IA"CE -lEItEr A .EEIC . n,.crao ItrEt f, ,-.orro.E!]-u^lr.,Il qr\r,s.ra OE occun ,gl4ricc_r88EirE€ _ .t ___ oAITGE TO N€X?EDFiEl]SlStErem-t I .r€D El, t rt E FF: I . frlsor^r3_lu rnJl4Y_ _ I . __ GErCXrlrcCf,fG^rE . t A.I'C| TLE LI'|IJYY AslurOorvif,o scr,EaJLEo . rulos orl:Y arlos'Iff&.o" - ffio38t9 !!G.rCrS COra_&G_l __ _g!gi-tY.q!&!!t_tFF!44r t qp.LY nrrra-Y {lr' dor,. I FNilEFW I}I'TG€rlir E(Lrl, I usxtr url crcata L,la Eclrr c[Arrs{lo€ marE!Ccc5^lrilroErtOlBf tlaurY T'V MM'g'dP^E|I€R/CTECUTI\/ECffira€Rl.lCruCO'(L.*r-l.l) Y'X Y csrto2tro3 lt7t10,2t2 7l!/lB - ar-=r"rroc**t -t . €r oGersf, . q f rr(ovEq ,X'A , tertu3 tvEaCLf t llCf l'l, Llxicid n-id. ldrda. tr., t t Ela l m tfaaa f tUldl O tltl}Zolg ACOf,D COnPORAnOi{. All taght! ri!rY.d' Th. ACORD n ln..nd logo err t gld.rrd m.rl3 ot ACOiO rr.B CE8?TICATE ls IBAUEO At A IATTEN ()r HFORIAIIOII OILYAT'DCOXfERSIIORIGXTSUF()i.NGCERTTF|CATEH(x'OCR'TrtS 6ERT1;1CATE OO€3 rot erRirerrvtlv oR IEoAIIY'ELY lrexo. ExrE}lo fi ALTER ftE COVIRAGE AfFOFoED-BYrH::H^Suqtrt9^tE r.rc nv. f,, BELo*. n{s ctnnflcArr 6ihsueltrc* DoES xor corCrrnire l coilTRlcr sETwEEt{ r?lE Esuno l3uRER(s), AurHorEEo IEPRESEITATh'E OA FiOOIJGER. AIO NC CCRNNC TE HOTIIER. ffi".r roomonl ngnEo, tr. dlcu(h.f mp.t tlw ADolroral fl$nEo lxwr.bm o. b. dtdo.r.d. r suBRoc^rl)fl |s WAr\rED, rubr.d to ot t ril.-rrd co.dlti€G-ottli. poaicr, Gcria-an.golkioa mry rrqt i(t x and(It lttcl*. a lLEmdtl o.r tlo S. Xrh Str.l Lrkr El3ino.t, CA lXlt3{l AFFOR{EO AY 'H€ THIS t5 IO CERT|FY ITTAT lHE POLCES tr II{OICATED, TSTTMTHSIAI'O'ITG A'{Y REOIIIT BE ISSUEO OR 'H€ TERUi I .EO.OCC!8Q€I€E .I rccf,f(iq__ x l,ooo.oooi tXC CI'IRA'IOX OATE TTEREOF, MDCE fiLL IE OCLN'EiCD IX ACCOaO^raCEfitl{ rXE ToL|CY tilnt$orG. ACORO 23 (20t6103' DocuSign Envelope lD: 4CBl 8FA6-7CD$4BOA-8E3G231DF 8E40F22 This business license is issued for revenue purposes only and does not grant authorization BUSINESS LIGENSE CITY OF LAKE ELSINORE Administrative Servrbes - Licensing toop€raEabusiness. Thisbusinesslicenseisissuedwilhoutverificationthattheholderis 130 SOUth Main Stfegt, Lake ElSinOfe, CA 92530subject to or exempted from licensing by the st8te, county, federal govemment, or any other sovemmentat asency. PH (951) 67+3124 Business Name: UBCA, INC Business Location: 331 75 TEMECULA PKWY STE A747 TEMECULA, CA 92592-7300 Owner Namqs): DAVID CARTER lssuo Date: 41112022 Expiration Date: 313112023 UBCA,INC 33175 TEMECULA PK\A/Y STE A747 TEMECULA, CA 92592-7300 languages by going to: https:/ ivww.dca.ca.gov/publicationJ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE . NOT TRANSFERABLE BUSINESS LICENSE NO. 024935 Buslness Type: GENEML BUILDING CONTMCTOR