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HomeMy WebLinkAboutAGMT - Edison EV • a i PRIME CONTRACT THIS PRIME CONTRACT dated as of April 6, 1998(Agreement)is entered into by and between EDISON EV and City of Seal Beach with respect to the electrical circuit, including the conductors,attachment plugs and all other fittings,devices, power outlets and/or apparatus for the electric vehicle charger(s) (if applicable), and related improvements(Project) to be constructed at Beach Parking Lot-909 Ocean Blvd. Seal Beach, CA 90740. In consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, EDISON EV and OWNER agree as follows: 1. The Project. EDISON EV agrees to install,provide and pay EDISON EV the balance due of ($7,399.68) for the construct the Project in accordance with the information set Work. Such payments, including payment for extra work forth on the attached Proposal(Specifications)and all federal, commissioned pursuant to any Change Order(s),shall be due state and local laws, ordinances, codes and regulations and thirty(30)days after the Completion Date,unless alternative orders of public authorities. OWNER acknowledges that arrangements are made pursuant to a written agreement signed EDISON EV intends to engage another or others by both OWNER and EDISON EV. Execution of this (Subcontractor(s))to complete the Project. EDISON EV and contract is conditioned on: its Subcontractor(s) will provide all construction, labor, a. completion of a contract between Owner's Designated materials, equipment, tools, vehicles, transportation,utilities Agent and the South Coast Air Quality Management and other items and services required for the proper execution District. and completion of the Project, whether temporary or b. completion ota Memorandum of Understanding between permanent and whether or not incorporated as part of the Owner and Owner's Designated Agent. Project(Work). EDISON EV and its Subcontractor(s)shall construct and complete the Project and the Work in a good, a. Extra Work and Additional Sites. The fixed price set forth workmanlike and substantial manner and in accordance with above is full compensation to EDISON EV for the Work in industry standards. EDISON EV shall supervise and direct the accordance with the Specifications. Additional compensation Work using EDISON EV'S best skill and attention, and shall only be paid to EDISON EV pursuant to a written EDISON EV shall be responsible for and have control over Change Order or contractual agreement signed by OWNER construction means, methods, techniques, sequences and and EDISON EV, which Change Order shall recite that the procedures involved in the Work, and for coordinating all described work is a deviation from the original scope of Work, portions of the Work. EDISON EV shall enforce strict is extra and in addition to the Work described by the discipline and good order among its employees, Specifications,and shall designate the additional amount to be Subcontractor(s)and agents, including appropriate dress and paid to EDISON EV for such extra work. EDISON EV shall courteous behavior towards owners,lessees,operators and the provide OWNER with prompt written notice if it contends that general public on or about the Project site(s). EDISON EV any services, labor or materials required by OWNER to be shall not permit employment of unfit persons or persons not furnished by EDISON EV should be paid for as extra work. If skilled in tasks assigned to them. EDISON EV and its such notice is not given,such services,labor and/or materials Subcontractor(s)shall take reasonable precautions for safety shall be deemed to be within the scope of the Specifications of,and shall provide reasonable protection to prevent injury or and no additional compensation shall be paid or payable to loss to,employees and other persons who may be at or about EDISON EV. Extra work shall be performed in accordance the Project site(s),the Project and the materials and equipment with the Change Order and this Agreement. In the event that to be incorporatedtherein. OWNER desires to provide for the installation of additional electric vehicle charger(s) at the Site, or to designate 2. Completion Date. The Project shall be deemed completed additional sites for such installations,any such additions to the on the earlier of(i)the date it is constructed and installed in scope of the Project and the compensation to be paid to accordance with the Specifications,industry standards and this EDISON EV shall be reflected in a Change Order(if before Agreement and when the electric vehicle charger(s)installed the Completion Date) and/or a separate contractual thereon is(are)fully operational,and(ii)the date upon which arrangement executed by EDISON EV and OWNER. OWNER executes a Notice of Acceptance agreeing that the Work has been completed and accepted by OWNER b. Concealed Conditions. This Prime Contract is based (Completion Date). EDISON EV agrees that the Completion solely on the observations EDISON EV was able to make Date shall be within 60 days of the date listed above. regarding the Project site as of this date. If additional concealed conditions are discovered once the Work has 3. Cost. The total cost for the Work(per the Specifications) commenced,which were not visible at the time of EDISON shall be Twenty Two Thousand Seven Hundred Eighty EV's bid, EDISON EV and/or its Subcontractor(s)will stop Eight Dollars and Sixty Eight Cents($22,788.68)per the Work and notify OWNER of such concealed conditions to attached fixed price bid. Owner hereby agrees to authorize OWNER so that OWNER and EDISON EV can execute an Owner's Designated Agent, by means of a Notice of appropriate Change Order. Acceptance,to pay EDISON EV Fifteen Thousand Three Hundred Eighty Nine Dollars ($15,389.00) as partial(or 4. Permits. OWNER shall cooperate in connection with full if appropriate)payment of the Project cost.OWNER will obtaining the governmental approvals and permits necessary 1 for the installation of the Project, including the prompt Site or information necessary for the advancement of the execution of such documents as may be deemed necessary by Work. Simultaneous with any work stoppage, EDISON EV governmental authorities. shall give OWNER written notice of the nature of OWNER's default and shall give OWNER a fourteen(14)day period in 5. Insurance. which to cure the default specified. a. Commercial General Liability Insurance. EDISON EV 9. Warranty. No warranty is provided by EDISON EV shall maintain occurrence version commercial general liability on any materials furnished by OWNER for installation. No insurance with a combined single limit of not less than warranty is provided on any existing materials that are moved $1,000,000 per occurrence. and/or reinstalled by EDISON EV or its Subcontractor(s)at the Site (including any warranty that existing/used materials b. Business Automobile Liability Insurance. EDISON EV will not be damaged during the removal and reinstallation shall maintain business automobile liability insurance with a process). combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, 10. Miscellaneous. This Agreement(a) shall be construed hired and non-owned vehicles. and enforced in accordance with California law, (b) contains the final agreement between the parties relating to the subject c. Workers' Compensation Insurance. EDISON EV shall matter hereof and (c) may only be amended, extended or maintain workers' compensation insurance with statutory modified in a writing executed by EDISON EV and OWNER. limits and employer's liability insurance with limits of not less No delay on the part of any party hereto in exercising any than$1,000,000 per occurrence. right, power or privilege hereunder shall operate as a waiver thereof,nor shall any such waiver operate as a waiver of any d. Other Requirements. EDISON EV shall place and other right,power or privilege hereunder,nor shall any single maintain the insurance required herein only with insurers or partial exercise of any right, power or privilege hereunder licensed to do business in California and having an A.M. Best preclude any other or further exercise thereof of any other rating of no less than A:VIII. Such insurance shall not be right,power or privilege hereunder. If any party commences canceled, reduced or allowed to expire without the prior an action against the other party arising out of or in connection written approval of OWNER. with this Agreement,whether or not pursued to judgment,the prevailing party in such action shall be entitled to have and 6. Matching Existing Finishes. Where the Work involves recover from the other party actual attorneys'fees and costs. the matching of existing finishes or materials, EDISON EV The headings used in this Agreement are for purposes of and its Subcontractor(s)shall use best efforts to provide such a reference only and shall not be used for limiting or match. However,OWNER acknowledges that an exact match interpreting the meaning of any part of this Agreement. is not guaranteed by EDISON EV or its Subcontractor(s)due / to such factors as discoloration due to aging,difference in dye / lots, and the difficulty of exactly matching certain finishes, / materials,colors and planes. / 7. Indemnification. EDISON EV agrees to indemnify, / defend and hold harmless OWNER from any and all / liabilities, obligations, claims, losses, lawsuits, damages, / injuries, costs and expenses (including attorneys' fees and / costs), arising from EDISON EV's negligence or willful / misconduct arising out of or in connection with the Project, / the Work and the performance or non-performance by / EDISON EV of any of its obligations hereunder. / OWNER agrees to indemnify, defend and hold harmless / EDISON EV from any and all liabilities,obligations,claims, / losses, lawsuits, damages, injuries, costs and expenses / (including attorneys'fees and costs), arising from OWNER's / negligence or willful misconduct arising out of or in / connection with the Project,the Work and the performance or / non-performance by OWNER of any of its obligations / hereunder. / 8. Work Stoppage,Termination of Agreement for Default / and Interest. EDISON EV shall have the right to stop all / Work on the Project if payments are not made to EDISON EV / in accordance with the terms of this Agreement,or such other / written payment agreement as may be executed by EDISON EV and OWNER,or if OWNER repeatedly fails or refuses to furnish EDISON EV or its Subcontractor(s)with access to the 2 IN WITNESS WHEREOF,the parties hereto have executed this Prime Contract as of the date and year herein above written. EDISON EV State Contractor's License#:722391 • Printed Name: Enid P.Joffe Title: Manager,Charging Infrastructure Date: Owner: City of Se 1 Beach Beach P king L t By: —P—\,A11 Printed Name: Keith R. Till Title: City Manager Date: April 13, 1998 Contractors are required by law to be licensed and regulated by the Contractors'State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,Contractors'State License Board, P.O. Box 26000, Sacramento,CA 95826. Quick Charge-96N00103 3 IP Quick Charge Applicant: City of Seal Beach E D I S O N E Site Address: 909 Ocean Avenue Seal Beach,CA 90740 An EDISON INTERNATIONAL Company Location Description: Beach Parking Lot PROPOSAL Line Total $ 1 Equipment Subtotal 12,518.65 2 Bulk Material Subtotal 3,956.00 3 Install Labor Subtotal 4,945.00 4 Engineering&Design Subtotal 0.00 5 Permits Subtotal 100.00 6 Applicable Taxes 1,269.04 IProposal Total(Lines 1 thru 6) 22,788.68 7 Plan Check required: Y 8 Expected Number of Work Days Required To Complete Work: 6 9 Key Technical Data: Inductive Units 3 W/Stops 4 Meter Pedestal Y Conductive Units 1 Signs 4 Stepdown Transformer N Additional Circuits 0 NG Conduit N Trenching Y 10 Bid Validity is through July 31, 1997 11 Questions regarding this Proposal should be referred to: Bruce Colburn @ (213)452-4631 Contractor: 9 Edison EV Signature Offer Date License #722391 Contractors are required by law to be licensed and regulated by the Contractors' State license Board. Any questions concerning a contractor may be referred to the Registrar,Contractors'State License Board,9835 Goethe Road,Sacramento,California. Mailing address: P.O.Box 26000,Sacramento.California 95826. PROJECT NO.: 96N00103 SITE COORDINATOR: PHONE NO.: Lee Whittenberg (310)431-2527 EEV-Form Qwik-EEVBF ADA COMPLIANT-REV.D a