Agmt10 Spiess Construction Recycled Water Distribution Pump Station Capacity Increase

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JOINT CHECK AGREEMENT THIS AGREEMENT made and entered into this 10th day of March 2010 by and between The City of Redwood City, hereinafter called the "Owner" Spiess Construction Company, hereinafter called "Purchaser" and Flowserve US Inc., hereinafter called "Flowserve". WHEREAS, Purchaser has a contract with the Owner and Flowserve is entering into a purchase subcontract with the Purchaser (which will be governed by The Agreement between The City of Redwood City and Flowserve Dated 15t Day of February, 2010) for the supplying of certain equipment to the Purchaser for the purpose of furnishing it to the General Contractor, which is described as follows: . Main Pumps MP1. 2. 3.4.5 Model 16ENL-3 Stage Vertical Turbine Pumps with Motor AND, WHEREAS Purchaser wishes to purchase the above mentioned equipment from Flowserve for the purpose of fulfilling its obligations to the Owner, therefore, it is agreed as follows: 1. Joint Check Payments. Owner agrees to make checks payable to the Purchaser and Flowserve jointly, provided, however, such joint check payments shall be made only for materials and/or labor supplied to the General Contractor which were ordered by the Purchaser pursuant to the above subcontract. Prior to making such payment by joint check, Owner may require Purchaser and Flowserve to provide General Contractor with: (a) a complete invoice of materials and/or labor for which payment is being made, (b) lien waivers from Purchaser and Flowserve, and (c) certification by Flowserve that such materials and/or labor comply with performance requirements of the subcontract. The amount of the joint check shall not exceed the amount for materials and/or labor as certified above. 2. Receipt and Application of Payments. Purchaser and Flowserve agree: (a) that this Agreement shall in no way create any liability on the part of Owner for any other sums owed by Purchaser to Flowserve, (b) All monies paid pursuant to joint check described above shall be applied by Purchaser and Flowserve to the materials and/or labor described in Paragraph 1 above notwithstanding any other indebtedness which may exist between Purchaser and Flowserve. 3. Payments Apply to Subcontract. Purchaser and Flowserve agree that any payments made by Owner pursuant to this Agreement shall be acknowledged and received by Purchaser as monies paid by Owner to Purchaser under the above subcontract and shall be applied in the full amount of such payments to the subcontract amount specified in the above subcontract. 4. Joint Payments Subject to Subcontract. Nothing herein shall be construed as a waiver by Owner of any rights or remedies Owner may have against Purchaser under the above referenced Contract. 5. Non-Waiver of Rights. Nothing herein shall be construed as a waiver by any of the parties hereto of any statutory lien rights or any other legal rights which the parties may have arising out of the above transaction. Purchaser: o ompany Owner: City of Redwood City Signed: r;?~ 3eoll A. WL91Af\1Je0IOBVTTitle: JJPi/OY (J,,'i/V( hug/>1~Y (;{P APr<.-iL WID Date: 3/25'/'U)/O Signed: Title: Date: F~owserve US, Irf1 A A---4--- SIgned: ~ Title: / ~ P t 6J..1 I.. J.", /N.-I p~ Date: ;f1?t/"~ (1. ( 2..ot 0 . Jointck