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Home My WebLink About00248C - SEELEY FIRE PROTECTION PLAZA THEATER PA1B7 Seeley Fire Protection Inc. Plaza Theater - PA1137 SaMey lrohw� Io alac pon PRO' AGREEMENT #248 �/ R712, 7/25/90 f 551 EDGAR AVE., BEAUMONT,CALIFORNIA 92223 (714)845-8310 (714)845-8320 To CITY OF PALM SPRINGS (hereinafter tailed Buyer) Address PO BOX 1786 PALM SPRINGS , CALIFORNIA 922.63 SEELEY FIRE PROTECTION (hereinafter called SEELEY) STATEMENT OF WORK: SEELEY agrees to furnish all necessary materials and/or to furnish all labor,tools, equipment and supplies necessary to perform, and to perform all work set forth in SCOPE OF WORK hereof in the construction of Installation of new- fire-sp-rinkler suppler - Plaza Theatre for 124 South Palm Canvon Drive, Palm Springs , Ca. at in accordance with the terms and provisions of the plans and specifications. Dated N/A , 19 including all the General and Special Conditions, Drawings,Specifications, Addenda No's.: N/A and other Documents and Revisions to date, for the construction of th above named project as prepared by N/A and with particular reference to the below listed technical and/or other Sections or parts of the Contract Specifications. SCOPE OF WORK: SEELEY agrees for the consideration shown to do the work as follows:To install a system of automatic sprinklers or fire protection apparatus as herein set forth. Install new underground supply from the city water dept. detector check assy. to the existing wall of theatre. All necessary concrete sawing, breaking, and removal to be provided by this contract. Concrete replacement also a part of this contract proposal. All work done on this project to be preformed at prevaling wage. Seeley Fire to provide certificate of insurance for this project. Quote for this portion of project to be $9 ;063 . 00. An add for the installation of a 4" drain line to be installed in same trench as fire service. Tie in to existing catch basin within 10 ' -0" of fire service''. Ouote for add of drain to be $1,692 . 00 Requirements not included in the specification but required by the inspection organization shall be treated as additions to and not within the scope of this proposal and contract.The issuance of an acceptance or approval inspection report as to the work specified herein shall be conclusive evidence of full performance bySEELEY of its obligations hereunder.Any notices of deficiencies shall be promptly submitted to SEELEY by Buyer. 2. OVERTIME The price of this proposal is based upon work being performed only during regular working hours and days. If Buyer shall require any overtime labor,Buyer agrees to pay the additional cost plus overhead and profit as an extra to the contract price. 3. BUYER'S OBLIGATIONS IN ADDITION TO THOSE SPECIFIED a. The Buyer warrants that the structure of the property in which installation is to be made is sufficient to support the in- stallation and fire protection system specified herein. b. The Buyer agrees to insure the premises and the materials to be used in this contract and located in and around the premises against loss or damage by fire,other casualty,or theft, in a sum which will at all times exceed the unpaid balance of this contract and the reasonable value of the said materials. 4. CONDITIONS AFFECTING SPECIFICATIONS a. Except where specified herein, all materials, supplies, and equipment will be manufactured by SEELEY or another manufacturer selected solely by SEELEY without any limitations other than those imposed by the standards of the National Fire Protection Association. b. If sprinkler head unit prices are included in the specificationthey shall not apply when additional sprinklers are required because of changes in the building, premises,type of occupancy,system classification or when such changes result in the need for valves,devices,systems and/or underground pipe.Such additional requirements will require modification of the pro- posal,contract, and price. 5. DELAYS SEELEY will not be liablefor any damages,direct,incidental or consequential or delays arising directly or indirectlyfrom causes not within the direct control of SEELEY. 6. ALL MODIFICATIONS TO BE WRITTEN This contract constitutesthe entire agreement between the parties and may not be modified,amended or rescinded except by written instrument signed by both Buyer or its agents and SEELEY FIRE PROTECTION. 7. SECURITY AGREEMENT a. This contract is the subject of a security agreement between the Buyer and SEELEY.All material and equipment described herein is also included and shall hereinafter be called "apparatus" b. The Buyer agrees to pay SEELEY for the apparatus in accordance with the terms of clauses 8 and 9 hereof. c. The title to and ownership of the appartus herein contracted for,shall remain in SEELEY until the entire purchase price herein agreed to be paid shall be actually paid in cash by the Buyer. d. The appartus will not be sold,transferred or disposed of or be subjected to any unpaid charge, including taxes, or to any subsequent interest of athird person created or suffered by Buyer voluntarily or involuntarily,unless SEELEY consents in advance in writing to such charge,transfer, disposition or security interest. e. In case of failure on the part of the Buyer to make the payments, or any of them, when due under this contract,then, and in any of such events,the whole of the unpaid portion of the purchase money,however secured,and whenever payable, shall thereby at the option of SEELEY become immediately due and payable. f. In case of any default on the part of the Buyer,SEELEY shall have the:right to enter upon the premises upon which the specified apparatus is installed,and,by its agents,representatives and employees take possession of and remove all or part of the same, and the Buyer shall afford every facility thereof. 8. PRICE The price to be paid by Buyer to SEELEY for the system or appartus proposed is TEN THOUSAND SEVEN HUNDRED FIFTY RTITF Dollars( $10 , 755 . 00 ) 9. TERMS OF PAYMENT On the fifth day of each month,Buyer shall payto SEELEY Ninety Percent(90%)of the amount chargeable to Buyer for labor and materialsfurnished in the preceding month,based upon the percentage of completion of the installation determined by SEELEY.The balance of the unpaid amount of the contract including extras and other price adjustments shall be due and pay- able within thirty(30)days afterthe installation is physicallycompleted in accordance with the specifications attached hereto. 10. WARRANTIES The equipment and supplies specified in this contract are warranted to be.free from defects in workmanship and materials for one yearfrom installation.No other express warranty is given and no affirmation of SEELEY bywords or action,shall con- stitute a warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OFANY OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ACCEPTABLE AND APPROVAL This proposal is subject to acceptance by Buyer within thirty days hereof, otherwise SEELEY at is option may declare it null and void.This contract may be assigned only by SEELEY and',upon acceptance by Buyer,is not subjectto cancellation or withdrawal by Buyer. SEELEY FIRE P QTECTION Dated: 7-16-90- By: ie 1—Chuck Ohswaldt Please Reply To Beaumont Ofl ice Address: 249 E. Fifth St. Beaumont, Ca. 92223 Telephone: (.714) 845-8320 (-714) 769-1189 FAX This proposal is hereby accepted by Buyer this 7C' day of rLL`7 19 and Buyer acknowledges that the specification and the above terms and conditions have been read,that Buyer intends to be bound thereby, and that Buyer has retained a copy of this proposal as signed. r a a S r t3 lI By; °p o '' Title: Dat'c LAY kES. N0. 71 J_ 5— ,V� , CALIFORNIANDEMNITY INSURANIE COMPANY 4001 W. Alameda Ave., P.O. Box 7858, Burbank, CA 91510-7858" (818) 846-5297 �1 �I 1 I t� ,- I 1'. 1- CERTIFICATE OF INSURANCE - WORKERS' COMPENSATION E THIS CERTIFICATE IS NOT AN INSURANCE POLICY. "Notwithstanding any requirement,term, or condition of any contract or other document with respect to which the certificate is issued,the insurance afforded by the policies listed on the certificate is subject to all the terms of such policies." CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS: CITY OF PALM SPRINGS SEELEY FIRE PROTECTION ATTN: TIM STIENHAUS P.O. BOX 2832 P.O. BOX 1786 PALM SPRINGS CA 92262 RIECET D PALM SPRINGS, CA 92263 .AUC it Ci E 4f. CIL Ffll,' Policy Number Effective Date Expiration Date— _ P 3003318B 5/02/90 5/02/91 _ THIS IS TO CERTIFY that we have issued to the above named insured a valid California Workers' Compensation insurance policy in a form approved by the Insurance Commissioner of the State of California. DESCRIPTION OF OPERATIONS COVERED: All Operations in the State of California which are covered under this policy. EMPLOYERS ' LIABILITY $1,000,000 RE: PLAZA DE LOS FLORIS, 124 SOUTH PALM CANYON ROAD, PALM SPRINGS THIRTY (30) This policy shall not be cancelled nor reduced in coverage until after tsUM days' written notice of such cancellation or reduction in coverage shall have been mailed to this certificate holder. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POLICY INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER. D' AGNESSA INSURANCE AGENCY 4-300028-00-1000 DATED AT BURBANK This IST dayof AUGUST 19 90 CALIFORNIA INDEMNITY INSURANCE COMPANY AUTHORIZED REPRESENTATIVE '90) ISSUE DATE QWM/DD/"Y) 07/26/90 � J PRODUCER .,o„T,l,C7 T. oL..,..._ _. ,i,..,.., ,...I. ,I .s.-l'l,.'�'A-D.,,n"It-Ul 111ZHID rcll.-cis 4IH)L1+„�u,51Pjs?'I'uEI4:_:4,:6,-u VGTe„qR"ICIL7ItIt;7"[I. OL 9'.,(;I{L 'u!V'1::.1 d1 rm,Bl.�r 6.1u'IF A',L41=:'B WAGNESSA INSURANCE AGENCY, INC. c`.:TEII9C., `EE.erc ,tvs�I "21-IHN-CeWE4�� 7841 BALBOA AVENUE, SUITE 215 _ SAND IEGO, CA 92111 (619) 279-5955 — ----- -- - - -- --- -- COMPR LEIIE F SCOTTSDALE INSURANCE COMPANY 1 COIlAPANY CALIFORNIA INDEMNITY COMPANY INSURED LETTER M.S. SEL'LEY, INC. COiouI LETTER DBA: SEELEY FIRE PROTECTION P.O. BOX 2832 COMPANY PALM SPRINGS, CA 92262 E TER- COMPANY LEI iEI --- - --- - -- - - --- ---- ----- - -- - - TId90, POIDCA F UIL`.Nl D,=-1 2SLHEDTC1HJ' 6 Lu SC [ u P7OuuJIfP^ a SJ11 " 3 G..C'C DC fT',ilG a 't: IACf dG3VIIDlTOMfnf PGa CC:FT4;Gur t, H` �_..r N 19f o- n, r 't [U JE DSaJEEE)0 .1 milllv F Lllifelm,DVE tilic"UP.e6llIel_"VIFOMESED u;:--r DL`w:VES ..n.,UI3J-(l'V i 1 a'.I 0. E TEI-RmTS,E.OLJS.t NO...[91u C,(Yv I Tiom, Or SU'f).1 POLICIES. ;CO POLICY LHHIDVL I FOI ICY I NPIRATIOH IIACILITY LIMITS 61 ILTR TYPE OF INSURANCE POLICY PIUMEER DATE(MM/DPrtV1 DI(MM/DPMp OCCUCFEidCE ACCH6CATE_ � G—HE"AL LIALD:LITY BODILY X] COMPREHENSIVE FORM RJJURv j; ,A X PREMISES/OPERATIONS GLS 319906 03/09/90 03/09/91 PAMAGE V E UNDERGROUND iVD DAMAGE n EXPLOSION L COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL ET e PD 1 OOO p^ 1 OOO _ COtJmNED I] , ,r, r X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY Si 1,000 ALVFG 'UEILE LAEHLlTi. BODILY 1101 ANY AUTO IPF PERSOX, ALL OWNED AUTOS(PRIV PASS) RODILY ALL OWNED AUTOS ?OTHER THAN` INJURY INJ RncclDaln 9i ti PRE/ PASS / HIRED AUTOS _ PHOPErvry NON-OWNED AUTOS DAMAGE gj GARAGE LIABILITY HI GPID COMBINED UMDRELLA FORM DI a ED com(EIPIED V� OTHER THAN UMBRELLA FORM - - - -- -- ---- 1 STAIUIORV B �eEJJ P 300033188 05/03/90 05/02/91 5: 1,000(EacFI All IDENT) I'3CJIF'LO`/Ef;3' LhP!`HJT! 1,0001DISEASE-POLICY LIMIT) EJ 1,000(DISEASE-EACH EMPLOYEE)!, I oTPIEI 'T DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ' RE: PLAZA DE LOS FLORIS, 124 S. PALM CANYON, PALM SPRINGS, CA 92263) U r ~ V PJ 3 Q . 99 -- r hnhk �I / lEls 1141.-1 LI c,C i'i - I I-P,':.l,p 61 I, � I1 fIEK' A`J ? iGi '" EI ur fn OP II Ia tC?L�ICDII , iC 4 - -�.T- �3N II r u• kfl a arl' CHI- i uoa67ti 'Sr 1- 'P9 V111P.I. -INDHAV�^Fl. CD, CITY OF PALM SPRINGS A,-AL 30 F q , ATTN: TIM STIENHAUS I u, III �- ,AI �I o^�mC 7cELou... .. 6�I, I O �., IC�EL U r1—C.. I—. It I/,J,.. ;F'+ .r .�. i BOX 1786 �PALM SPRINGS CA 92263 - -- ---- ---- - ---- - - - � �e Jam"+,,.-_Y� � �f/.,�_-�✓ rC1,�4S1'll rY; }i 11 II :,eIu):IT I,to „bn4.,{ -d 1�,t�q.I-�a 1 — P ' --�- - -- - ISSUE D,vE(MM/EDf'?Y) 1 i�I _,.P - I �_r —" — 07/26/90 -- — — PRODUCER - - - P r " 'P 0 -i 0 VU C J [ OF f , 2r P H O6 5 e 6 O/ OVI-1 ' WAGNESSA INSURANCE AGENCY INC. P i Ysll O: a.N"_N� N[PSC-"`E , GE Cn D Gi ANC C'ElOH-3E:aL•oLV. 7841 BALBOA AVENUE, SUITE 215 SAN DIEGO, CA 92111 (619) 279-5955 CODIPAMY MERCURY CASUALTY COMPANY LET-HER COFAPANY INSURED IEiIER SEELEY FIRE PROTECTION COIvIPAVY P.O. BOX 2832 11 tED PALM SPRINGS, CA 92262 COMPANY LETTER CCNIPAN" _ -- I E LITER r7V uCC iP:J N, Au :O OtiI JV UIYV '10 , E u6€ LN aO '+P N.v' P v0 luY N9 -9.0 Nr n, V 'L N J V . .lr fE Ei r lP`UVPi Y_ PIR. nU t,NI N 67aP6.; hM'T VY=0P,9 C`I IrGtl N E"uiC � ONIKEINCP G+ ,^? C'CHCL C P91h1 CC.OPr 61u N..'PS uds d IXN'd O t„LV,NN6.',..NIa VSd.:C DE 43SUED Cl;D.AV I F R`it Pl' b PP'Kls u,.. A'CV Ar oI,0ES9 R,V 1 I.I n e,e PC', l._,a; ,Pi"1_ Pf °RIP �PI�,.,L.:,t o J r.E ETE USION2,AVID CYoC T§- TP17HE O'SUCH POLICIES. 'CO poi ICY TFFFC FIVE PDLICV E(PNATIOIJ LIA9ILITY LIMITS Pud TfdULUSP.:SPC9 ILTR TYPE OF INSURANCE POLICY LUMBERRDATE Ilvlld/DONYI DatE(f.11,1/DENY) -- EACH UCCURRENCE AGGREGATE ! GiEN11sa Udn€ILL- I ODDITY COMPREHENSIVE FORM INJURY PRE`VIISES/OPERATIONS UNDERGROUND PROPeRiY EXPLOSION @ COLLAPSE HAZARD Dpm,AGE S p PRODUCTS/COMAPI.ETED OPERATIONS ! CONTRACTUAL 01 C,PDCOMGINED INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY I i,U7 PAOrNLE lJ!ADR_IT'iBCPIYY cIJUA'! ANY AUTO �i• PEI F.RSPt7 ,P A— ALL OWNED Auros(PRIv Pnss) AC 87997 08/09/89 08/09/90 iDDIRY ALL OWNED AUTOS!OTHER THAN (OTHER PASS IPLR ACC,OEINTI S" X HIRED AUTOS PROPERLY X NON-OWNED AUTOS DAMAGE GARAGE LIABILITY DI C,PU X sci1EDULED AUTOS coMDUPm fI; 500 EXCLESS DPADILITY UMORELLA FORM RI A PD r o• OTHER THAN UMBRELLA FORM CCMRINED 1P STAIORDRY v°J`Jlil(ECNs' is®G;In;En1SATfofd q; (EACH ACCIDENT( (DISEASE POLICY LIMIT) EIYlr�DO°JEIFd;i' UPF1oPV_I"I'V (DISEASE EACHEMPLOYEE)! OTCI= 'DESCRIPTION OP OPEF,ATIONS/LOCATIONS/VEFi C6 LES/SPECIAL ITEfv1S 1 RE: PLAZA DE LOS FLORIS, 124 S. PALM CANYON, PALM SPRINGS, CA 92263) IT, I CITY OF PALM SPRINGS TM7 sseoP.l cr;.ao:,.;o�, ^;aPaL EfaDEcNTeFl Tc= ATTN: TIM STIENHAUS 10 I 4 I �UL'u141: aN i PP.�,, ) 6r ,�rNP N rtlF?I .3V .Et1, PP_P I',' P.O. BOX 1796 ! ,� L vonlU s In', ! V P 6L.,L'sAlr DIES. PALM SPRINGS, CA 92263 Ii °l°'h:'hl��sEN F� � - _ - � it ✓.•�IFryu .,•( i�l„ vlr, I.�., ./,;.�