Agmt10 Flowserve US Inc. - Laserfiche WebLink

Browse Search

I I . \ AGREEMENT for the City of Redwood City Redwood City Recycled Water Project - Distribution Pump Station Capacity Increase - Main Pump Procurement Package THIS AGREEMENT, made this 1st day of February. 2010, by and between Flowserve US Inc. whose place of business is 331 Barletta Avenue, Las Vegas, NV 89123, hereinafter called "SELLER", and the City of Redwood City, a Charter City and municipal corporation of the State of California, hereinafter referred to as "BUYER" or "OWNER". In consideration of the mutual covenants hereinafter set forth, Seller and Buyer agree as follows: I. EQUIPMENT AND SERVICES A. Seller shall furnish all Equipment and Services specified in the Contract Sections, as identified in paragraph IV.A, and all other terms and conditions of the Contract Sections. B. Buyer has the right to assign the Contract for furnishing Equipment and Services hereunder and Seller shall accept such assignment. The Contract will be executed by the City of Redwood City ("Buyer" or "Owner") initially, and will be assigned to a construction contractor designated by Buyer. As of the date of acceptance of assignment by the construction contractor, all references in the Contract Documents to "Buyer" shall mean the Assignee, who is the designated contractor and whose responsibilities include the installation or erection or incorporation of the Equipment and Services furnished by the Seller. II. CONTRACT PRICE A. Buyer/Assignee shall pay the Seller as the "Contract Price" for Equipment and Services in accordance with the Contract Sections, the amount of Three Hundred Sixty Thousand Eight Hundred Forty Six and 17/100 Dollars ($360,846.17), computed in accordance with Seller's Accepted Proposal dated January 28, 2010, which Proposal is incorporated herein by reference as if fully set forth herein. B. The Contract Price is all inclusive and includes all Equipment and Services; all federal, state, and local taxes on materials and equipment, and labor furnished by Seller arising out of Seller's furnishing Equipment and Services. C. The Contract Price does not include bonds, which may be required by the Owner if the Contract is not assigned. If bonds are required, then the cost of obtaining those bonds will be compensated to the Seller at actual cost under a change order. III. CONTRACT TIME, DELIVERY AND PAYMENT A. Seller shall deliver the Equipment and Services within the following Schedule reflecting the date the Contract Time commences to run as set forth in the Letter of Award; and 1. The Equipment and Services shall be delivered to the Redwood City Recycled AGREEMENT MAIN PUMP PROCUREMENT PACKAGE Agreement-1