HomeMy WebLinkAboutR15- Economic Development Agency ECONOMIC DEVELOPMENT AGENCY ID r,'7- ?
OF THE CITY OF SAN BERNARDINO 0(o
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: TIMOTHY C. STEINHAUS SUBJECT: Electric Vehicle Charging Stations
Agency Administrator
DATE: October 10, 1997
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Synopsis of Previous Commission/Council/Committee Action(s):
In July, 1995,the Commission authorized the installation two electric vehicle charging stations in the City's 5-level
parking structure.
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Recommended Motion(s):
(Community Development Commission)
Motion: That the Community Development Commission authorize the execution of the contract with Edison EV for the
installation of the charging station and the contract with the South Coast Air Quality Management District for
participation in the Quick Charge project.
(Mayor and Common Council)
Motion: That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 1997-98
Budget to reflect a$5,700 increase in the Transportation budget for miscellaneous equipment,and a
corresponding budget increase in the Transportation revenue account.
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Contact Person(s): Timothy C. Steinhaus Phone: 5081
Project Area(s): Central Ci!y Projects Ward(s): First
Supporting Data Attached:x Staff Report ❑Resolution(s) 0 Agreement(s)/Contract(s)❑ Map(s)❑Ltr/Memo
FUNDING REQUIREMENTS: Amount: $5,700.00 Source: Ci Transportation Fund
Budget Authority: Requested
SIGNATURE:
Timoth -: Steinhaus
Agency Administrator
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Commission/Council Notes:
TCS:SMM:smm:10-97-01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 10/20/1997
Agenda Item Numbe
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Electric Vehicle Charing Stations
In July of 1995, the Commission authorized the installation of two electric vehicle (EV) charging
stations in the City's 5 level parking structure. The charging station was paid for through a grant
obtained by SANBAG from AQMD for the creation of EV charging stations along the Interstate 10
and Interstate 215 corridors.
The City of Fontana and SANBAG recently partnered to submit a request to AQMD for additional
funding to expand the network of charging stations installed last year. This program is known as the
"Quick Charge" project. Included in this request was the funding to install two additional units in our
parking structure.
These new chargers will be conductive, and the existing chargers are inductive. By having both types
of chargers, the city's station can accommodate all types of EV's currently available. The $5,700
cost of this installation will be reimbursed by AQMD. The city will be required to pay for the cost
of electricity used, which is estimated to be less than $100. Other agencies and businesses
participating in the Quick Charge program include the cities of Fontana, Chino Hills, Grand Terrace,
Montclair, and Rialto, as well as Kaiser Permanente Fontana, Ontario Mills, and Redlands Wal-Mart.
A recent article in the Sun described the increasing use of EV's and the demand that is anticipated
for these vehicles. A copy of this article is attached. Also, the city is in the process of purchasing its
first electric vehicle, a General Motors EV 1.
Though the full cost of the installation will be reimbursed to the city, the city will be required to
initially pay Edison EV for its contract. A budget amendment is required to allow for payment and
reimbursement. The installation will have no net impact on the Transportation Fund.
Ba ed on the foregoing, staff recommends adoption of the form motions.
Timothy . t inhaus
Agency Administrator
TCS:SMM:smm:10-97-0Lcdc COMMISSION MEETING AGENDA
MEETING DATE: 10/20/1997
Agenda Item Number:
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Mobile Source SEp 15 1997
Air Pollution Reduction
Review Committee
September 10, 1997
Lon Sassoon
San Bernardino Redevelopment Agency
300 North D Street
San Bernardino, California 92418
Dear Mr. Sassoon:
Enclosed are two original contracts (AB 2766197027)for signature. Please return both
copies to my attention at the following address:
PA &LGA/AB 2766
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, California 91765-0938
Attn:Michele Stitzel
After the appropriate signatures are obtained by the District, a fully executed copy will be
returned to you. If you have any questions, please call me at 9091396-3043.
Thank you for your cooperation.
Contracts Administration Office
AB 2766 Community Corridor Program
dm/c coiultr
Enclosure. (2)Contracts for signature
21865 East Copley Drive Diamond Bar California 91765 909/396-2479 or 396-3043 fax 909/396-3636
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Contract No. AB 2766/97027
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
ELECTRIC VEHICLE CHARGING STATION CONTRACT
WHEREAS, the parties to this Contract are the South Coast Air Quality Management District
(hereinafter referred to as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar,
California 91765, and San Bernardino Redevelopment Agency (hereinafter referred to as
"CONTRACTOR") whose address is 300 North D Street, San Bernardino, CA 92418 and who is the
fee owner of certain real property described in Exhibit "A"attached hereto and incorporated herein by
reference (`the Property") desire to make available electric vehicle charging infrastructure within the
South Coast Air Basin; and
WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source
air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized
under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor
vehicles for the purpose of reducing air pollution from such vehicles and to implement the California
Clean Air Act; and
WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD'S Governing Board
has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the
State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically
to AQMD; and
WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent
of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of
implementing and monitoring programs to reduce air pollution from motor vehicles; and
WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air
Pollution Reduction Review Committee (MSRC)to develop a work program to fund projects from the
separate account and pursuant to approval of the work program by AQMD'S Governing Board,
AQMD Board authorized a contract with CONTRACTOR for services described in Exhibit "B"
(Project Description) incorporated herein and made a part hereof, and
WHEREAS, CONTRACTOR desires to: (i) provide parking spaces and appurtenant areas necessary
for the installation of an electric vehicle charger(s) on the Property, (ii) install the electric vehicle
charger(s), (iii) contribute the cost of electricity used at such charging stations during the period of
this Contract, (iv) maintain the electric vehicle chargers in good and operative condition throughout
the period of this Contract, and(v) provide the Property with such electrical facilities as would permit
the installation of additional electric vehicle charger(s) in the future, in accordance with Exhibit "B"
and,
WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds
as set forth in RFP No. 9596-48 - "Quick Charge" Electric Vehicle Corridor Communities Program
and has agreed to purchase electric vehicle(s)and/or provide other co-funding as identified in Proposal
tL dated July 10, 1996 submitted by San Bernardino Associated Governments and incorporated herein by
reference as pat of the consideration for entering into this Contract.
NOW THEREFORE,the Parties agree as follows:
` TERMS AND CONDITIONS OF PERFORMANCE
1. DMV FEES -CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to
s be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further
acknowledges that AQMD'S receipts of funds is contingent on the timely remittance by State's DMV.
AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees
by DMV to AQMD in a timely manner.
2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the
termination of the contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall
coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be
inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal
to the amount which was inappropriately expended. Such withholding shall not be construed as
AQMD'S sole remedy and shall not relieve 70NTRACTC3". of its obligation to per orm under the
terms of this Contract.
3. CHARGING STATION INSTALLATION - CONTRACTOR hereby acknowledges its approval
of the Project Description set forth in Exhibit "B". CONTRACTOR agrees to provide and/or arrange
for the design, construction and installation of the Charging Station in a good, workmanlike and
substantial manner in accordance with industry standards consistent with the Project Description. The
electric vehicle charger(s) along with the additional electrical facilities shall be referred to herein as
"Charging Station", and the location of the Charging Station and reasonable access thereto shall be
referred to herein as the"Charging Area".
4. TERM - The term of this Contract is for (18) eighteen months from the date first entered hereon,
unless terminated earlier as provided for in Paragraph 5 below entitled Termination, extended by
amendment of this Contract in writing or unless a final report is submitted and approved by AQMD
prior to the eighteen (18) month time period. No work shall commence prior to the Contract start
date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is
fully executed, subject to the provisions stated in Clause 21.
5. TERMINATION - In the event any party fails to comply with any term or condition of this
Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not
limited to, the requirements of Exhibits B and C, this shall constitute a material breach of the
Contract. The nonbreaching party shall have the sole and exclusive option either to notify the
breaching party that it must cure this breach within fifteen (15) days or provide written notification of
its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be
provided in the manner set forth in Paragraph 23 below, entitled - "Notices." Termination shall not be
the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any
and all remedies provided by law. AQMD reserves the right to terminate this Contract for nonbreach
and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through
the effective date of termination for nonbreach.
6. INSURANCE - - CONTRACTOR is permissibly self-insured and will maintain self-insurance in
accordance with applicable provisions of California law as evidenced by certificate of self insurance
provided to AQMD. CONTRACTOR shall maintain such coverage during the term of this Contract
and any extensions thereof. CONTRACTOR fails to maintain the required insurance coverage,
AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill
CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR.
7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD,
its officers, employees, agents, representatives, and successors-in-interest against any and all loss,
damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and
successors-in-interest may incur or be required to pay by reason of any injury or property damage
caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance
of this Contract.
8. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Five Thousand Six Hundred and Sixty-
Three Dollars ($5,663) upon completion of the electric vehicle charger installation and verification of
its operational status, i.e. the static-, is energized and capable of both inductive and conductive
charging of electric vehicles. Payment of charges shall be made by AQMD to CONTRACTOR
within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by
CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company
letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S
social security number or Employer Identification Number and submitted to: South Coast Air Quality
Management District, 21865 East Copley Drive, Diamond Bar, CA 91765, Attn: Michele Stitzel.
9. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all
federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the
performance of this Contract and to ensure that the provisions of this clause are included in all
subcontracts.
10.EMPLOYEES OF CONTRACTOR
A. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost
of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall
maintain workers'compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or
indirect,which would conflict in any manner or degree with the performance of services required to be
performed under this Contract. CONTRACTOR further represents that in performance of this
Contract, no person having any such interest shall be employed by CONTRACTOR or any
subcontractor.
11. OWNERSHIP -Title and full ownership rights to any products purchased or developed under this
Contract shall at all times remain with CONTRACTOR.
12. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not
discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race,
religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with
the provisions of the California Fair Employment & Housing Act (Government Code Section 12900,
et seg.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive
Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued
pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to
comply with this paragraph and shall include in each such subcontract language similar to this
paragraph.
13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise
transferred by either party without the written consent of the other, and any attempt by either party to
do so shall be void upon inception.
14.NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the
performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise
any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future
performance of any such terms, covenants, or conditions, or of the future exercise of such rights or
remedies, unless otherwise provided for herein.
15. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with
the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys'
fees and costs.
16.17ORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in
default for any delay or failure in performance under this Contract or interruption of services
resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy,
war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any
similar cause beyond the reasonable control of AQMD or CONTRACTOR.
17. SEVERABILITY -In the event that any one or more of the provisions contained in this Contract
shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction,
such holding shall not affect any other provisions of this Contract, and the Contract shall then be
construed as if such unenforceable provisions are not a part hereof.
18. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the
interpretation, construction, or meaning of the provisions of this Contract.
19. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall
have the force and effect of an original.
20.GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations
created thereby shall be determined in accordance with the laws of the State of California. Venue for
resolution of any dispute shall be Los Angeles County, California.
2 1.PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD receipt of a
fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a
formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts
expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost
expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and
payment provision of the Contract.
22. RESTRICTION ON TRANSFER OR ALTERATION - CONTRACTOR agrees it will not sell
or convey the electric charger(s) (other than in connection with a sale of the entire Property) and will
not alter the Charging Station or the Charging Area.
23.NOTICES -Any notices from either party to the other shall be given in writing to the attention of
the persons listed below, or to other such addresses or addressees as may hereafter be designated in
writing for notices by either party to the other. A notice shall be deemed received when delivered or
three days after deposit in the U. S. Mail, postage prepaid, whichever is earlier.
AQMD:
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, CA 91765
.;±n: Michele Stitzel
CONTRACTOR:
San Bernardino Redevelopment Agency
300 North D Street
San Bernardino, CA 92418
Attn: Lori Sassoon
24.PROJECT INCREASE DUE TO UNFORESEEN EVENTS - In the event CONTRACTOR
experiences an increase in project cost due to concealed conditions at the site which were unknown at
the time the site estimate was prepared and/or a superseding legal mandate is imposed after the date of
Contract execution which would require modification to the charging station, the maximum additional
amount for which the AQMD shall be liable is 10% of the fixed price set forth in Clause 8. above.
Additional costs in excess of this amount shall be borne by CONTRACTOR.
25.USE OF STATION AND STATION SIGNAGE - CONTRACTOR agrees to use its best efforts
to ensure that the parking spaces in which the electric vehicle chargers are installed will be used only
for electric vehicle charging. Charging Stations shall be unlocked and accessible so that the public
may independently operate Charging Stations at all times during operating hours. CONTRACTOR
further agrees to permit appropriate signage marking the charging station location to be installed at the
Charging Area.
26.ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto
related to CONTRACTOR providing services to AQMD and there are no understandings,
representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration,
or modification of any of the provisions herein shall be binding on any party unless in writing and
signed by the party against whom enforcement of such waiver, alteration, or modification is sought.
I ``7
6 t
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on
their behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT SAN BERNARDTNO
DISTRICT REDEVELOPMENT AGENCY
By: By:
p Dr. William A. Burke
Chairman, SCAQMD Board
Date: By:
APPROVED AS TO FORM:
Peter Greenwald, General Counsel Date:
By:
r
I �
EXHIBIT A
Description of Property
AB 2766 Contract No. 97027
The CONTRACTOR shall make available electric vehicle charging infrastructure at the property described
below:
• San Bernardino Redevelopment Agency
300 North D Street
City Hall Parking Structure
San Bernardino, CA 92418
CW
EXHIBIT B
Project Description
AB 2766 Contract No. 97027
CONTRACTOR shall install a new electric vehicle charging station at the site listed below. Edison EV
shall perform the installation of the charging stations. Site will be accessible to the public on a 24 hour
basis. The site is located near a high traffic volume location with freeway access. AB 2766 Discretionary
Funds will cover the cost of installation at$5,663.
CONTRACTOR shall monitor and evaluate the usage of the electric vehicle charging stations for a period
of 12 months after installation is complete. CONTRACTOR shall maintain the electric vehicle chargers in
good and operative condition throughout the period of this contract. In addition, CONTRACTOR shall
contribute the cost of electricity used at such charging stations during the period of this Contract.
Site Location:
• San Bernardino Redevelopment Agency
300 North D Street
City Hall Parking Structure
San Bernardino, CA 92418
Installation of two conductive electric vehicle charging stations
Access I-10 Freeway and 2nd Street
EXHIBIT C
Project Schedule
AB 2766 Contract No. 97026
The following table shows the project work schedule by task including start and completion of milestone dates as
well as deliverables. The project is scheduled for completion within an 18 month period.
Task Start Date/Completion
Installation of Chargers Months 1 -6
Monitor and Evaluate Charging Stations Months 7 - 18
Quarterly Reports Month 3,6, 9, 12& 15
Final Report Month 18
Hardware: Electric Vehicle Charging Stations
The term of this contract is for eighteen (18) months from the date of execution. All charging stations must be
installed and operational within six months of contract execution and provide a one (1)year demonstration period
following the installation of the charging stations. Additionally, the CONTRACTOR will be contacted by MSRC
staff on a quarterly basis, for up to one year after installation of sites, and asked to support a brief telephone or on-
site survey.
Reports:
Quarterly: The CONTRACTOR shall provide quarterly reports to the AQMD which will include, but not be
limited to: work performed during the quarter;project milestones such as infrastructure completion dates; status of
public information campaigns and marketing; status on frequency of use of stations and user comments; problems
identified such as vandalism, tampering or downtime and if/how problems were resolved; and other pertinent
information.
Final Report shall be submitted in the format provided by AQMD and shall include,but not be limited to: usage of
the charging sites; problems and successes; marketing strategies and suggestions or recommendations for future
projects.
515 S.Figueroa St.Ste 950
Los Angeles,CA 91770
Phone: 213-489-5383
Fax: 213-489-4988
t*)te
To: Lori Sassoon From: Jenny Trinidad (213)452-4623
Phone: 909 384 5122 Date: September 16, 1997
Re: Revised Contract for the City Hall Parking Structure EV Charger Installation-Quick Charge
X Please Review X For Signature ❑ Please Comment ❑ Please Reply
• Comments:
Lori, .
One more time, attached is the revised contract for the City Hall Parking Structure site. Please review
and advise if there's any changes or details required to proceed with the approval of this site.
I can be reached at(213)452-4623 if you need anything else.
Thank you very much@
Jenny
Y
PRIME CONTRACT
THIS PRIME CONTRACT dated as of September 15, 1997 (Agreement)is entered into by and between EDISON EV and
City of San Bernardino,Economic Development Agency 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 City Hall Parking Structure - 300 North D Street San
Bernardino,CA 92418. 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 a. Extra Work and Additional Sites. The fixed price set forth
construct the Project in accordance with the information set above is full compensation to EDISON EV for the Work in
forth on the attached Proposal(Specifications)and all federal, accordance with the Specifications. Additional compensation
state and local laws, ordinances, codes and regulations and shall only be paid to EDISON EV pursuant to a written
orders of public authorities. OWNER acknowledges that Change Order or contractual agreement signed by OWNER
EDISON EV intends to engage another or others and EDISON EV, which Change Order shall recite that the
(Subcontractor(s))to complete the Project. EDISON EV and described work is a deviation from the original scope of Work,
its Subcontractor(s) will provide all construction, labor, is extra and in addition to the Work described by the
materials, equipment, tools, vehicles, transportation, utilities Specifications,and shall designate the additional amount to be
and other items and services required for the proper execution paid to EDISON EV for such extra work. EDISON EV shall
and completion of the Project, whether temporary or provide OWNER with prompt written notice if it contends that
permanent and whether or not incorporated as part of the any services, labor or materials required by OWNER to be
Project (Work). EDISON EV and its Subcontractor(s)shall furnished by EDISON EV should be paid for as extra work. If
construct and complete the Project and the Work in a good, such notice is not given, such services,labor and/or materials
workmanlike a^c' ,;j?-°'-ntial manner^nd in accordance with shall b . •-: -:-:,l to be within the scope of the 0, +ions
industry standards. Li�iSON EV shall supervise and direct the and no additional compensation shall be paid or payable to
Work using EDISON EV'S best skill and attention, and EDISON EV. Extra work shall be performed in accordance
EDISON EV shall be responsible for and have control over with the Change Order and this Agreement. In the event that
construction means, methods, techniques, sequences and OWNER desires to provide for the installation of additional
procedures involved in the Work, and for coordinating all electric vehicle charger(s) at the Site, or to designate
portions of the Work. EDISON EV shall enforce strict additional sites for such installations,any such additions to the
discipline and good order among its employees, scope of the Project and the compensation to be paid to
Subcontractor(s)and agents, including appropriate dress and EDISON EV shall be reflected in a Change Order(if before
courteous behavior towards owners,lessees,operators and the the Completion Date) and/or a separate contractual
general public on or about the Project site(s). EDISON EV arrangement executed by EDISON EV and OWNER.
shall not permit employment of unfit persons or persons not
skilled in tasks assigned to them. EDISON EV and its b. Concealed Conditions. This Prime Contract is based
Subcontractor(s)shall take reasonable precautions for safety solely on the observations EDISON EV was able to make
of,and shall provide reasonable protection to prevent injury or regarding the Project site as of this date. If additional
loss to, employees and other persons who may be at or about concealed conditions are discovered once the Work has
the Project site(s),the Project and the materials and equipment commenced,which were not visible at the time of EDISON
to be incorporated therein. EV's bid, EDISON EV and/or its Subcontractor(s)will stop
Work and notify OWNER of such concealed conditions to
2. Completion Date. The Project shall be deemed completed OWNER so that OWNER and EDISON EV can execute an
on the earlier of(i) the date it is constructed and installed in appropriate Change Order.
accordance with the Specifications,industry standards and this
Agreement and when the electric vehicle charger(s)installed 4. Permits. OWNER shall cooperate in connection with
thereon is(are)fully operational,and(ii)the date upon which obtaining the governmental approvals and permits necessary
OWNER executes a Notice of Acceptance agreeing that the for the installation of the Project, including the prompt
Work has been completed and accepted by OWNER execution of such documents as may be deemed necessary by
(Completion Date). EDISON EV agrees that the Completion governmental authorities.
Date shall be within 60 days of the date listed above.
5. Insurance.
3. Cost. OWNER will pay EDISON EV the sum of Five
Thousand Six Hundred Sixty Two Dollars and a. Commercial General Liability Insurance. EDISON EV
Seventy Eight Cents ($5,662.78) for the Work. Such shall maintain occurrence version commercial general liability
payment, including payment for extra work commissioned insurance with a combined single limit of not less than
pursuant to any Change Order(s),shall be due thirty(30)days $1,000,000 per occurrence.
after the Completion Date,unless alternative arrangements are
made pursuant to a written agreement signed by both b. Business Automobile Liability Insurance. EDISON EV
OWNER and EDISON EV. shall maintain business automobile liability insurance with a
combined single limit of not less than $1,000,000 per
i
1 1`�
A 6
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 interpretingthe 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 IN WITNESS WHEREOF,the parties hereto have executed
lots, and the difficulty of exactly matching certain finishes, this Prime Contract as of the date and year herein above
materials,colors and planes. written.
7. Indemnification. EDISON r: rees tc indemnify,
defend and hold harmless OWNER from any and all EDISON EV
liabilities, obligations, claims, losses, lawsuits, damages,
injuries, costs and expenses (including attorneys' fees and State Contractor's License#:722391
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. „Wll�
By:
OWNER agrees to indemnify, defend and hold harmless
EDISON EV from any and all liabilities,obligations,claims,
losses,. lawsuits, damages, injuries, costs and expenses Printed Name: Enid P.Joffe
(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 Title: Manager,Charging Infrastructure
non-performance by OWNER of any of its obligations
hereunder.
Owner: City of San Bernardino,
8. Work Stoppage,Termination of Agreement for Default Economic Development Agency
and Interest. EDISON EV shall have the right to stop all City Hall Parking Structure
Work on the Project if payments are not made to EDISON EV
in accordance with the terms of this Agreement,or such other By:
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 Printed Name:
Site or information necessary for the advancement of the
Work. Simultaneous with any work stoppage,EDISON EV
shall give OWNER written notice of the nature of OWNER's Title:
default and shall give OWNER a fourteen(14)day period in
which to cure the default specified.
Contractors are required by law to be licensed and regulated
9. Warranty. No warranty is provided by EDISON EV by the Contractors'State License Board which has jurisdiction
on any materials furnished by OWNER for installation. No to investigate complaints against contractors if a complaint is
warranty is provided on any existing materials that are moved filed within three years of the date of the alleged violation.
and/or reinstalled by EDISON EV or its Subcontractor(s)at Any questions concerning a contractor may be referred to the
the Site (including any warranty that existing/used materials Registrar,Contractors'State License Board,P.O. Box 26000,
will not be damaged during the removal and reinstallation Sacramento,CA 95826.
process).
Quick Charge-96N00172
2 (��
a
Quick Charge Applicant: City of San Bernardino,
E D I S O N EY Economic Development Agency
Site Address: 300 North D Street
An£DISON INTERNATIONAL Company San Bernardino,CA 92418
Location Description: City Hall Parking Structure
PROPOSAL
une Total $
1 Equipment Subtotal 4,256.51
2 Bulk Material Subtotal 330.00
3 Install Labor Subtotal 450.00
4 Engineering&Design Subtotal 90.00
5 Permits Subtotal 175.00
6 Applicable Taxes 361.27
Proposal Total(Lines 1 thru 6) y 5,662.78
7 Plan Check required:
8 Expected Number of Work Days Required To Complete Work: 1
9 Key Technical Data:
Inductive Units 0 w/Stops 2 Meter Pedestal N
Conductive Units 2 Signs 2 Stepdown Transformer N
Additional Circuits 0 A/G Conduit Y Trenching N
10 Bid Validity is through September 30, 1997
11 Questions regarding this Proposal should be referred to: Bruce Colburn @ (213)452-4631
Contractor. 32
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,Califomia 95826.
PROJECT NO.: 96NO0172
SITE COORDINATOR: PHONE NO.:
Lori Sassoon (909)384-5122
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