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<br />1. Supplier shall provide materials for the duration of the current agreement fiscal <br />year period. The agreement cycle shall run from July 1st through June 30th of <br />the following calendar year. <br /> <br />B. Material Availabilitv: <br />1. City and Supplier recognize that time is of the essence during this Agreement <br />and that City will suffer financial loss in the form of lost revenues, contract <br />administration expenses (including project management and consultants' <br />expenses), delay and loss of public use, if the Materials are not available. <br /> <br />2. Accordingly, City and Supplier agree that if Supplier cannot provide <br />materials, Supplier shall assist City in locating alternate material sources. <br /> <br />C. Option - Two. One-Year Extensions <br /> <br />Between agreement of the City and successful bidder, the agreement may <br />be extended for TWO one-year extensions at the same terms and <br />conditions. City will notify successful bidder in writing of intent of contract <br />extension 30 days prior to expiration of original contract. <br /> <br />IV. CITY'S ENGINEER AND REPRESENTATIVES <br />Reserved <br /> <br />V. SUPPLIER'S REPRESENTATIONS AND WARRANTIES <br /> <br />In order to induce City to enter into this Agreement, Supplier makes the following <br />representations and warranties: <br /> <br />A. Supplier has examined thoroughly and understood the nature and extent of the <br />Materials, Applications, locality, actual conditions, as built conditions, and all local <br />conditions and federal, state and local laws and regulations that in any manner may <br />affect cost, progress, production or furnishing of Materials or which relate to any <br />aspect of the design and the means, methods, techniques, sequences or <br />procedures of production and delivery to be employed by Supplier and safety <br />precautions and programs incident thereto. <br /> <br />B. Supplier has considered the production of the Materials or other factors which may <br />affect the cost, progress, production or furnishing of Materials, as Supplier considers <br />necessary for the furnishing of Materials at the Contract prices and in accordance <br />with the other terms and conditions of Contract Documents, including specifically <br />the provisions of the General Conditions. <br /> <br />VI. CONTRACT DOCUMENTS <br /> <br />The Contract Documents which comprise the entire agreement between City and Supplier <br />concerning the Work consist of the following: <br /> <br />A. Contract Documents consist of the following documents, including all changes, <br />addenda and modifications thereto, as listed on Table of Contents: <br /> <br />Atty/Agr/2008.054 <br />072808 <br /> <br />2 <br />