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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