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<br />. ORIGINAL r;
<br />
<br />AGREEMENT
<br />FOR THE
<br />CITY OF REDWOOD CITY
<br />
<br />REDWOOD CITY RECYCLED WATER PROJECT - PHASE 1
<br />REDWOOD SHORES DISTRIBUTION SYSTEM
<br />Bid Package 1 (Radio Road, Redwood Shores Parkway, Marine Parkway)
<br />
<br />THIS AGREEMENT, made this :!d.- day of /ÞAf7aH , 2006,. by and between
<br />MITCHELL ENGINEERING, whose place of business is located at 250 Executive Park Boulevard,
<br />#4000, San Francisco, California, hereinafter called "CONTRACTOR", and the City of Redwood
<br />City, a Charter City and municipal corporation of the State of California, hereinafter referred to as
<br />"CITY".
<br />
<br />In consideration of the mutual covenants hereinafter set forth, Contractor and City agree
<br />as follows:
<br />
<br />I.
<br />
<br />II.
<br />
<br />III.
<br />
<br />Atty/Agr/2006.003
<br />012706
<br />
<br />WORK
<br />
<br />A.
<br />
<br />Contractor shall complete all Work specified in the Contract Documents, in
<br />accordance with the Specifications, Drawings, and all other terms and conditions
<br />of the Contract Documents.
<br />
<br />CONTRACT SUM
<br />
<br />A.
<br />
<br />City shall pay the Contractor as the "Contract Sum" for completion of Work in
<br />accordance with the Contract Documents, as the amount of Four Million Two
<br />Hundred Eleven Thousand Four Hundred Seven Five and No/100 Dollars
<br />($4,211,475.00), computed in accordance with Contractor's Accepted Proposal
<br />dated, January 25, 2006, which Proposal is incorporated herein by reference
<br />thereto as if fully set forth.
<br />
<br />B.
<br />
<br />The Contract Sum is all inclusive and includes all Work; all federal, state, and local
<br />taxes on materials and equipment, and labor furnished by Contractor, its
<br />subcontractors, subconsultants, architects, engineers, and vendors or otherwise
<br />arising out of Contractor's performance of the Work, including any increases in any
<br />such taxes during the term of this Agreement; and any duties, fees, and royalties
<br />imposed with respect to any materials and equipment, labor or services. The taxes
<br />covered hereby include (but are not limited to) occupational, sales, use, excise,
<br />unemployment, FICA, and income taxes, customs, duties, and any and all other
<br />taxes on any item or service that is part of the Work, whether such taxes are
<br />normally included in the price of such item or service or are normally stated
<br />separately. Notwithstanding the foregoing, each party shall bear such state or local
<br />inventory, real property, personal property or fixtures taxes as may be properly
<br />assessed against it by applicable taxing authorities.
<br />
<br />Contract TIME AND LIQUIDATED DAMAGES
<br />
<br />A.
<br />
<br />Contractor shall complete the Work within the following Schedule reflecting the date
<br />the Contract Time commences to run as set forth in Section 00550 (Notice to
<br />Proceed) and Section 00700 (General Conditions); and
<br />
<br />1
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