HomeMy WebLinkAboutAGMT - Palm Springs Pump, Inc. (Lampson Avenue Well) Recorded in Olricial Records, Orange County
RECORDING REQUESTED BY Toni Daly, Clerk-Recorder
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AND WHEN RECORDED MAIL TO
2009000385845 08.15am 07120109
CITY OF SEAL BEACH 115 01 N12 1
Attn: City Clerk 0.00 0 00 0.00 0 00 0-00 0 00 0.00 0.00
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
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.*** No Recording Fee Pursuant to Government Code Section 6103,27383 **** _
I
NOTICE OF COMPLETION 19
1J
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 –8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5—A-work-of-improvemehron'the-propertyhereinafterisdescribed-as substantiailycompleted`on
July 2, 2009. The work was Lampson Avenue Well Phase I;'Prol. No:WT0801.
6. The name of the contractor, if any, for such improvement was: Palm Springs Pump, Inc. The
date cif the Contract Award.was: August 11, 2008.
7: The property on Which"said work of improvement was.completed.in.the City of Seal Beach,
County of Orange, State of California, and is`described as follows: Lampson Avenue Well
Seal Beach, California 90740.
o4Date: �%. ,
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
-Executed on ''7 qtr. • 2009, at .ea :-ac California.
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(Date of-Signature) - . .
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- Director of Public Works
AN AGREEMENT
FOR CONSTRUCTION OF LAMPSON AVENUE
WELL - PHASE I
SPECIFICATION NO. WT0801
between
p '• BFR 2
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Palm Springs Pump, Inc.
83651 Dr. Carreon Boulevard
Indio, CA 92201
Michael Mann, President
•
THIS AGREEMENT is made and entered into this 11 day of August 2008, by and between the City
of Seal Beach, a California charter city ( "City "), and Palm Springs Pump, Inc. ( "Contractor ").
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RECITALS
A. WHEREAS, City desires to construct a water well off of Lampson
Avenue, Seal Beach, California ( "Project "); and
B. WHEREAS, Contractor has submitted a bid to City for the Project on July
30, 2008 ( "Exhibit A "), which exhibit contains, among other things, provisions defining
the Project scope and the cost associated with such Project scope; and
C. WHEREAS, City accepts Exhibit A and desires to contract with
Contractor to complete the Project in accordance with Exhibit A; and
D. WHEREAS, Contractor represents that it is experienced and skilled in the
performance of the services required to undertake the work required under the
Agreement, and is duly licensed to undertake the same;
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
AGREEMENT
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to the CONSTRUCTION
OF LAMPSON AVENUE WELL - PHASE I PROJECT, and to perform and complete in a good and
workmanlike manner all the work pertaining thereto shown on the drawings and described in the
Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools,
equipment, labor and materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings, and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
• •
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the work of this contract.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SEAL BEACH, CALIFORNIA
Party of the First Part
BY
NAr City Marfager
ATT ST: o
ity Jerk
BY Zj /ZZ
Cu •C'O' - PartyoftheSecondPart
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Title
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Address