HomeMy WebLinkAboutC-2858 - Electric Installation, Main Beach Wastewater Pump StationRGZEEM ENT
Ccrj CIEp,:c "I(,wAu
CONTRACT SERVICES FOR ELECTRICAL INSTALLATIONS
IN AND AROUND THE
MAIN BEACH WASTEWATER PUMP STATION
THIS AGREEMENT is made and entered into this 2n'" day of
February 1991, by and between the "City of Newport Beach ", a municipal
Corporation, hereinafter referred to as "CITY ", and Eppers Electric, A Division
of Rile Construction, Incorporated, a California Corporation, hereinafter
referred to as "CONTRACTOR ".
WITNESSETH:
WHEREAS, "CITY" in keeping with its wastewater master plan, requires
construction services from qualified contractors at regular intervals to provide
system improvements and rehabilitation of infrastructure and facilities, and;
WHEREAS, "CITY" has identified the need for electrical work at its Main
Beach Pump Station, located on Breakers Drive in Corona Del Mar, to continue
to properly deliver essential wastewater transmission services, with said work
hereinafter referred to as 'PROJECT ", and;
WHEREAS, "CITY" has requested a proposal for the performance of said
electrical construction services from "CONTRACTOR ", and;
WHEREAS, "CONTRACTOR" has submitted a proposal for costs and
services as outlined herein below; and
WHEREAS, "CITY" desires to accept said proposal;
NOW THEREFORE, in consideration of the foregoing, it is mutually
agreed and understood that:
I. GENERAL
A. "CITY" engages "CONTRACTOR" to perform the described
construction services for the consideration hereinafter stated.
B. "CONTRACTOR" agrees to perform the described services in
accord with the terms and conditions hereinafter set forth.
1
C. "CONTRACTOR" agrees that all services required hereunder
shall be performed under his direct supervision, and all personnel engaged in
the work shall be fully qualified and shall be authorized or permitted under
State and local law to perform such services. "CONTRACTOR" shall not
sublet, transfer or assign any work except as otherwise provided for herein or
as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONTRACTOR
"CONTRACTOR" shall provide the following listed
construction services to "CITY ". A detailed explanation is contained in the
"Construction Specifications for Main Beach Wastewater Lift Station
Control", a general explanation of said services is outlined as follows:
A. Provide new 200 amp, 240 volt, three -phase electrical service
from SCE, with stainless steel main breaker panel, meter enclosure and sub -
breaker pedestal.
B. Provide all conduit and wiring per specifications to connect
the new electric service from SCE to the new service pedestal.
C. Provide a free - standing, stainless steel electrical control and
lift station telemetry panel per the City specifications.
1. Panel shall have the following principal components:
a. A "bubbler -type" pneumatic pump control system.
Refer to the aforementioned specifications.
b. Wetwell level telemetry, level indicators, data
transmitter, power supply components and other City standard telemetry
equipment to connect to the City's Big Canyon Reservoir Control Center.
c. An electric load transfer switching mechanism to
provide a means of connecting a portable power source into the station's
primary control. Refer to the aforementioned specifications.
d. A backup pump actuation system consisting of a
mercury float - switch mechanism mounted in the lift station wetwell. Refer
to the aforementioned specifications.
D. Installation of all conduit and wiring per specifications to
connect new control and telemetry panel with existing lift station dry -pit and
all electrical components in the station, including pumps, blower, lights,
telemetry and intrusion alarm.
2
0 0
E. Provide an elementary wiring circuit diagram of the pump
motor controls, telemetry and all control circuitry as specified to be a part of
the "PROJECT ".
"CONTRACTOR" shall ensure that at least one of the two
wastewater pumps remain in service at all times during the electrical
changeover. One pump may carry the duty of the station for no longer than
24 hours. "CONTRACTOR" shall therefore, ensure that the changeover is
made in less than a 24 hour period.
A. "CITY" shall assist "CONTRACTOR" in this task to the extent
reasonable and possible.
III. DUTIES OF THE CITY
In order to assist the "CONTRACTOR" in the execution of his
responsibilities under this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports or "as- built"
drawings as may be available or are in existence, which may be germane to
the proper preparation and completion of the work.
B. Provide access to the Main Beach Pump Station facilities
during normal working hours.
1. Access can be provided during other times if operational
considerations dictate this necessity.
C. Perform labor and assist "CONTRACTOR" in performing
those tasks as agreed to previously. Those tasks include:
1. Construct the majority of the concrete control & telemetry
panel slab, install all concrete reinforcement and build concrete cinder block
retaining wall.
2. Excavate and trench for electrical conduit installations
between the electrical control panel, the telemetry panel, the lift station and
the SCE underground vault.
3. Compact and resurface trench excavations.
D. Provide direction and field supervision as required to
coordinate the efforts of City forces, SCE service planner instructions and
"CONTRACTOR's" tasks as defined herein.
t
0 0
IV. TIME OF COMPLETION
"CONTRACTOR" shall commence work upon receipt of written
authority to proceed. Work as required herein shall be completed within one
hundred (100) calendar days from the date first above written.
V. OWNERSHIP OF DOCUMENTS
Original construction drawings, reports, notes, maps, computer data,
as -built information and other documents relating to the work herein specified
shall become the exclusive property of "CITY" and may be reproduced as deemed
necessary by "CITY" or its duly authorized representative. No report, drawing, map,
document or other data given to or prepared or assembled by "CONTRACTOR"
pursuant to this Agreement shall be made available to any individual or
organization by "CONTRACTOR" without prior written approval by "CITY ".
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement at
any time by giving "CONTRACTOR" three (3) days' prior written notice.
Notice shall be deemed served when delivered personally or upon deposit in
the United States mail, postage prepaid, addressed to the "CONTRACTOR'S"
business office at 27832 Via Estancia, San Juan Capistrano, California 92675.
B. In the event of termination due to errors, omissions, or
negligence of "CONTRACTOR ", "CITY" shall be relieved of any obligation to
compensate "CONTRACTOR" for that portion of work affected by such errors,
omissions, or negligence of "CONTRACTOR ". If this Agreement is terminated for
any other reason, "CITY" agrees to compensate "CONTRACTOR" for the actual
services performed up to the effective date of the "Notice of Termination ", on the
basis of the fee schedule contained herein.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be
contracted or subcontracted without prior written approval of "CITY ".
B. "CONTRACTOR" shall not assign or transfer any interest in
this Agreement, whether by assignment or novation, without the prior
written consent of "CITY "; provided, however, that claims for money due or
to become due "CONTRACTOR" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee
in bankruptcy, without such approval. Notice of any such assignment or
transfer shall be promptly furnished to "CITY ".
H
0 0
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
"CITY" hereby agrees to compensate "CONTRACTOR" a lump sum amount
on a partial payment basis. In no event shall said amount be greater than the
lump sum amount of twenty seven thousand nine hundred dollars
($27,900.00) except as otherwise provided for herein.
B. The contract amount shall be paid to "CONTRACTOR" in
monthly partial payments based on the amount earned each month based on
the actual hours of labor expended as a percentage of the overall hours to be
determined by the Project Engineer for "CITY ". The sum of the monthly
partial payments shall not exceed ninety percent (90 %) of the maximum fee as
set forth in paragraph "A" herein above. The balance of the total amount
earned shall be paid upon completion of the work specified herein.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be
performed by "CONTRACTOR" shall be made without prior written approval
from "CITY ". In consideration for performance of additional services authorized
by "CITY" in writing, "CITY" hereby agrees to compensate "CONTRACTOR" an
amount based upon the labor and materials costs submitted to the "CITY ". Except
that an increase in the total compensation exceeding two thousand one hundred
dollars ($2,100.00) shall require that an amended Agreement for such additional
services be executed by the "CONTRACTOR" and "CITY ".
X. RECORDS
"CONTRACTOR" shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information required by "CITY" that
relate to the performance of the services specified under this Agreement. All such
records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. "CONTRACTOR"
shall provide free access to the representatives of "CITY" or its designees at all proper
times to such books and records, and gives "CITY" the right to examine and audit
same, and to make transcripts therefrom as deemed necessary, and to allow inspection
of all work, data, documents, proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement,
"CONTRACTOR" shall furnish "CITY" with certificates showing the type, amount,
class of operations covered, effective dates and dates of expiration of insurance
policies. Such certificates which do not limit "CONTRACTMs" indemnification,
shall also contain substantially the following statement: "The insurance covered by
this certificate may not be cancelled or materially altered, except after ten (10) days'
written notice has been received by "CITY "."
R
0 0
B. "CONTRACTOR" shall maintain in force at all times during
the performance of this Agreement, policies of insurance required by this
Agreement; and said policies of insurance shall be secured from an insurance
company assigned Policyholders' Rating of "B" (or higher) and Financial Size
Category XV (or larger) in accordance with an industry -wide standard and shall
be licensed to do business in the State of California.
coverages:
1. An appropriate industry -wide insurance rating
standard shall be deemed "BEST'S KEY RATING
GUIDE ", latest edition.
C. "CONTRACTOR" shall maintain the following minimum
Liability Insurance
General liability coverage shall be provided in the following
minimum limits:
Category Amount
Bodily Injury $ 250,000 each person
$ 250,000 each occurrence
$ 500,000 aggregate
Property Damage $ 100,000 each occurrence
$ 250,000 aggregate
A combined single limit policy with aggregate limits in the amount
of $500,000 will be considered equivalent to the required minimum limits.
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for
which it has agreed to provide insurance, "CONTRACTOR" shall look solely to
its insurance for recovery. "CONTRACTOR" hereby grants to "CITY ", on behalf
of any insurer providing insurance to either "CONTRACTOR" or "CITY" with
respect to the services of "CONTRACTOR", a waiver of any right of subrogation
which any such insurer of said "CONTRACTOR" may acquire against "CITY" by
virtue of the payment of any loss under such insurance.
0
• 0
E. Failure to Secure
If "CONTRACTOR" at any time during the term of this
Agreement, should fail to secure or maintain the foregoing insurance, "CITY" shall
be permitted to obtain such insurance in the "CONTRACTOR's" name or as an
agent of "CONTRACTOR" and shall be compensated by "CONTRACTOR" for the
costs of the insurance premiums at the maximum rate permitted by law computed
from the date written notice is received that the premiums have been paid.
F. Additional Insured
"CITY ", its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement. The naming of an additional
insured shall not affect any recovery to which each such additional insured would
be entitled under this policy if not named as such; and an additional insured named
herein shall not be liable for any premium or expense of any nature on this policy or
any extension thereof. Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or expense covered by the
insurance provided by this policy. Proceeds from any such policy or policies shall be
payable to "CITY" primarily, and to "CONTRACTOR" secondarily, if necessary.
XII. WAIVER
A waiver by "CITY" of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained herein whether of the
same or different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for
damages by reason of an alleged breach of any provisions hereof, the prevailing
party shall be entitled to receive from the losing party all costs and expenses in
such amount as the court may adjudge to be reasonable cost of litigation.
XIV. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions hereof.
Any modification of this Agreement will be effective only by written execution
signed by both "CITY" and "CONTRACTOR ".
7
• 0
XV. HOLD HARMLESS
"CONTRACTOR" shall indemnify and hold harmless, "CITY ", its City
Council, boards and commissions, officers, agents, servants, and employees from and
against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable costs of litigation, regardless of the merit or outcome of any such
claim or suit, arising from or in any manner connected to CONTRACTOR's errors,
negligent acts, omissions, or work conducted pursuant to this Agreement or arising
from or in any manner connected to persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the first date above written:
APPROVED AS TO FORM:
Robin Flory
Assistant City
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California
(714) 644 -3011
CITY OF NEWPORT BEACH
a municipal corporation
r
U,;
1, V
Robert L. Wynn, City Man ger
"CITY"
Eppers Electric, A Division of
Rile Construction Incorporated
a California Corporation,
f
xooert tppers, rri
"CONTRACTOR"
Eppers Electric
27832 Via Estancia
San Juan Capistrano, California 92675
92659 -1768 (714) 496 -7877
0