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<br />ORIGINAL <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 2 (Marine Parkway, Oracle Parkway, Twin Dolphin Drive, Shoreline <br />Drive) <br /> <br />THIS AGREEMENT, made this øg day of #Jf!./LJ ,2006, by and between K .J. <br />Woods Construction, Inc., whose place of business is at 2625 Judah Street - No.2, San <br />Francisco, California, hereinafter called "CONTRACTOR", and the City of Redwood City, a <br />Charter City and municipal corporation of the State of California, hereinafter referred to as "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/2006.004 <br />022806 <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 Three Million One <br />Hundred Twenty Four Thousand and No/100 Dollars ($3,124,000.00), computed in <br />accordance with Contractor's Accepted Proposal dated, February 22, 2006, which <br />Proposal is incorporated herein by reference 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. <br /> <br />Contractor shall achieve Substantial Completion of the Work within Two <br />Hundred Fifty (250) Calendar Days from the date the Contract Time <br />commences to run. <br />