CMP04B EC CONSTR INC CONTRACT CONTRACT
THIS CONTRACT is made this 17th day of July, 2012, in the County of San Diego, State of
California, by and between the City of Encinitas hereinafter called "City", and EC Constructors, Inc.,
hereinafter called Contractor. City and Contractor,for the considerations stated herein, agree as follows:
ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in
the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation
to complete all of the Work required in strict compliance with the Contract Documents as specified in
Article 5 below for the following Project:
MOONLIGHT STATE BEACH IMPROVEMENTS
PROJECT NO. CMP04B
The Contractor and its surety shall be liable to City for any damages arising as a result of the
Contractor's failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's
Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within
150 working days (Base Bid and Alternate) from the commencement date stated in the Notice to
Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is
adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of Four Million One Hundred Fifty Nine
Thousand and Four Hundred Seventy Nine Dollars ($4,159,479). Payment shall be made as set forth in
the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES.
In accordance with Government Code section 53069.85, it is agreed that the Contractor shall pay to the
City of Encinitas the sum of$1,000 per day for each and every calendar day of unexcused total project delay -
in completing the work in excess of the number of working days prescribed above as Liquidated Damages
and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees City may deduct
that amount from any money due or that may become due the Contractor under the Contract. This
Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Page 1 of 3
i
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical and Reference Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the bid documents
Time is of the essence. The Contactor shall complete the Work in strict accordance with all of the
Contract Documents, subject to the orders of precedence.
This Contract shall supersede any prior agreement of the parties.
ARTICLE 6 PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be
included in these Contract Documents shall be deemed to be included in these Contract Documents.The
Contractor shall comply with all requirements of the California Labor Code applicable to this Project,
including, but not limited to prevailing wage requirements.
ARTICLE 7 INDEMNIFICATION. Contractor shall provide indemnification and insurance as set forth
in the General Conditions.
ARTICLE 8 PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in
accordance with the Labor Code which such rates shall be obtained online at
http://www.dir.ca.gov/dlse/disepublicworks.htmi and which must be posted at the job site.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
Page 2 of 3
EC CONSTRUCTORS, INC. CITY OF ENCINITAS
9834 River Street 505 S.Vulcan Avenue
Lakeside,CA 92040 Encinitas,CA 92024
Signature: Signature: �1
By:James J� mmers By:Gus Vina
Title: P�esident Title: City Manager
California State Contractor's License Number:
585677
END OF CONTRACT
Page 3 of 3
is
ATTACHMENT A
MOONLIGHT STATE BEACH IMPROVEMENTS
BID SCHEDULE-LUMP SUM-PRICE SCHEDULE
PROPOSAL SUBMITTED BY:
Name of Bidder EC Constructors Inc.
Business Address 9834 River Street
Lakeside, CA 92040
Telephone ( 619 ) 44 0—7181
Fax ( 61 9 ) 440-7180
E-mail jim @ecconstructors.com
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and
have read and examined the Contract Documents, including all plans, specifications, and all addenda, if
any, for the following Project:
MOONLIGHT STATE BEACH IMPROVEMENTS
Contractor must complete all items in Lump Sum Bid Schedule set forth below. See Lump Sum bid item
descriptions in Special Provisions.
ITEM TOTAL
NO. DESCRIPTION AMOUNT
LUMP SUM ITEMS
1. Mobilization $ D�
2. Construction Fencing Ov
3. Utilities: Ov
Electric Service �•y�
Water Service
Phone
Gas ,
4. Site Clear, Grub and Demolition s Ll!� Qr l
O`i r
5. Over Excavation and Re-compaction / J?
6. Strom Drain System $
7. Site Colored Concrete
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Moonlight State Beach Improvements
8. Concession/Restroom Building s 065 A21
9. Trash Enclosure 9 G
10. Landscape o Q O
11. Irrigation System .S
12. Site Furnishings 0 8Y3
13.
We hereby propose to furnish all labor, materials, equipment,
tools, transportation, and services as set forth in the above
Lump Sum Schedule, and to discharge all duties and
obligations necessary and required to perform and complete
the Project for the following TOTAL BID PRICE:
T
Total In Words)9
In case of discrepancy between the written price and the numerical price, the written price shall prevail. /&V
The undersigned agrees that this Bid Form constitutes a firm offer to City which cannot be withdrawn for
the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until
a Contract for the Work is fully executed by City and a third party,whichever is earlier.
The low bid on this project will be awarded upon the lowest responsive and responsible base bid,without
consideration of any alternate additive or deductive bid prices.PCC 20103.8
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Moonlight State Beach Improvements
f
ALTERNATESCHEDULE
The Contract Documents specify a number of alternate bid items. The following Alternate Bid amounts
shall be added to the Total Bid Price entered above, at City's sole option. City can choose to include one
or more of the Alternate Bids in the Project. If any of the Alternate Bids are selected by City, the resulting
amount shall be added to the Total Bid Price for the Project. City may select one or more of the Alternate
Bids at the below stated Bid Price up to sixty (60) days following award of the Contract. City can
award/select Alternate Bid items at any time(s).
ITEM LUMP SUM ITEMS TOTAL AMOUNT
NO.
1. Clear, Grub $
2. Over Excavate and Re-compaction
3. Garage/Storage Building S
4. Site Colored Paving $ 133
5. Utilities:
Electric Service $ -&-
Water Service $ 13 l!a-
Phone, Cable& IT Service $ ,®
Gas Service
6. Landscape
?
7. Irrigation System $ iS
8. We hereby propose to furnish all labor,
materials, equipment, tools,
transportation, and services as set forth in
the above Lump Sum Schedule, and to
discharge all duties and obligations
necessary and required to perform and
complete the Project for the following --
ALTERNATE BID PRICE: f 00 �•
Y.
Nine 9LO�&���6i)( Ad_9�5��xp 652611101T71-
(Total In Words)
The Contract duration shall commence on the date stated in City's Notice to Proceed, and shall be
completed by the Contractor in the time specified in the Contract Documents. In no case shall the
Contractor commence construction prior to the date stated in City's Notice to Proceed.
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors.
Contractor's license number is: 585677
If the bidder is a joint venture, each member of the joint venture must include the above information.
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Moonlight State Beach Improvements
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to
the Contract Documents.
Addenda No(s)._1 , 2,3, 4,
(Write or type each addendum by number)
1. Attached is the required bid security in the amount of not less than 10%of the Total Bid Price.
2. Attached is the fully executed and notarized Non-Collusion Affidavit form.
3. Attached is the completed Designation of Subcontractors form.
4. Attached is the completed Bidder Information Form.
5. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.
I hereby certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made herein are true and
correct.
Name of Bidder EC Constructors Inc..
Signature
Name and Title Sherri L. Summers, CEO
Dated
END OF BID FORM
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Moonlight State Beach Improvements