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6.1J Page 3 AGREEMENT for the City of Redwood City 2005-2006 Asphalt Concrete Materials Purchase This AGREEMENT, made this - day of , 2006, by and between Graniterock Company whose place of business is at 365 North Blomquist Street, Redwood City, CA 94063, hereinafter called "SUPPLIER", and the City of Redwood City, a charter city and municipal corporation of the State of California, hereinafter referred to as "CITY". In consideration of the mutual covenants hereinafter set forth, Supplier and City agree as follows: I. II. III. MATERIALS A. Supplier shall provide all Materials specified in the Contract Documents, in accordance with the Specifications, Standards, Details, and all other terms and conditions of the Contract Documents. CONTRACT SUM A. City shall pay the Supplier as the "Contract Sum" for provision of Materials in accordance with the Contract Documents, as the amount of not-to-exceed One Hundred Seventy Five Thousand Four Hundred and Thirty Three Dollars ($175,433.00), based on the suppliers bid of Two Hundred Twenty Eight Thousand One Hundred Twenty Eight dollars ($228,128.00), computed in accordance with Supplier's Accepted Proposal dated. March 27, 2006, which Proposal is incorporated herein by reference thereto as if fully set forth. The contract period covers three (3) fiscal years and the subsequent annual contract amount will be determined B. The Contract Sum is all inclusive and includes all Materials; all federal, state. and local taxes on materials and equipment, and labor furnished by Supplier, its subcontractors, subconsultants. architects, engineers, and vendors or otherwise arising out of Supplier's provision of the Materials, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited to) occupational, sales, use. excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities. CONTRACT TIME AND MATERIAL AVAILABILITY A. Supplier shall provide the Materials as set forth in the bid proposal, General Conditions, and General Requirements; and Atty/ Agr/2006.002 050106