HomeMy WebLinkAboutAGMT - Southern California Edison (Electric Vehicle Chargers) • (,
• PRIME CONTRACT pF2ii
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:
I. 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 of a 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 incorporated therein. 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 (822,788.68) 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
By: t,41,. - y - +. Peg,
Printed Name: Enid P. Joffe
Title: Manager, Charging Infrastructure
Date:
Owner: City of Se 1 Beach
BeachP kingL t
By:
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
• •
Quick Charge Applicant: City of Seal Beach
EDISON EV Site Address: 909 Ocean Avenue
Seal Beach,CA 90740
II 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 g „• e:a:.
3 Install Labor Subtotal 4,945.00
4 Engineering&Design Subtotal _ 0.00 k i ;, i - ,i.
::
5 Permits Subtotal 100.00 ,.. S`r :I
6 Applicable Taxes 1,269.04 =s.irW :
Proposal Total(Lines 1 thru 6)t t al fa? 22,788.68 ?Sr.':f ;.:"" rt; : ' i"'
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 A/G 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'Stale License Board,9835 Goethe Road,Sacramento,California. Mailing address: P.O.Box 26000,Sacramento,Calrfornia 95826.
PROJECT NO.: 96N00103
SITE COORDINATOR: PHONE NO.:
Lee Whittenberg (310)431-2527
EEV-Form Owik-EEVBF ADA COMPLIANT-REV.D