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<br />ORIGINAL <br /> <br />AGREEMENT <br />for the <br />City of Redwood City <br /> <br />UTILITY SYSTEM MATERIALS <br /> <br />This AGREEMENT, made this ~ day of J-~~, 2008, by and between <br />Roberts and Brune Co. whose place of business is at 939 Broadway St., Redwood City, CA, <br />hereinafter called "SUPPLIER", and the City of Redwood City, a charter city and municipal <br />corporation of the State of California, hereinafter referred to as "CITY". <br /> <br />In consideration of the mutual covenants hereinafter set forth, Supplier and City agree as <br />follows: <br /> <br />I. MATERIALS <br /> <br />A. Supplier shall provide all Materials specified in the Contract Documents, in <br />accordance with the Specifications, Standards, Details, and all other terms and <br />conditions of the Contract Documents. <br /> <br />II. CONTRACT SUM <br /> <br />A. City shall pay the Supplier as the "Contract Sum" for provision of Materials in <br />accordance with the Contract Documents, as the amount of not-to-exceed Three <br />Hundred Fourteen Thousand Eight Hundred Fifty Four Dollars Seventy Six Cents <br />($314,854.76), based on the suppliers bid of Three Hundred Fourteen Thousand <br />Eight Hundred Fifty Four Dollars Seventy Six Cents ($314,854.76), computed in <br />accordance with Supplier's Accepted Proposal dated, July 16, 2008, which <br />Proposal is incorporated herein by reference thereto (Attachment A) as if fully set <br />forth. The contract period covers one (1) fiscal year and an option for TWO (1) <br />year extensions. <br /> <br />B. The Contract Sum is all inclusive and includes all Materials; all federal, state, and <br />local taxes on materials and equipment, and labor furnished by Supplier, its <br />subcontractors, subconsultants, architects, engineers, and vendors or otherwise <br />arising out of Supplier's provision of the Materials, 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 />III. CONTRACT TIME AND MATERIAL AVAilABILITY <br /> <br />A. Supplier shall provide the Materials as set forth in the bid proposal, General <br />Conditions, and General Requirements; and <br /> <br />Atty/ Agr/2008. 054 <br />072808 <br />