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<br />ORIGINAL <br /> <br />AGREEMENT <br />for the <br />City of Redwood City <br /> <br />2009-2010 UTILITY TRENCH REPAIR PROJECT <br /> <br />THIS AGREEMENT, made this ~ day Of~ 2009, by and <br />between Guerra Construction Group, Inc. whose place of business is at 345 Commercial <br />St., San Jose, CA 95112, hereinafter called "CONTRACTOR", and the City of Redwood <br />City, a Charter City and municipal corporation of the State of California, hereinafter <br />referred to as "CITY". <br /> <br />In consideration of the mutual covenants hereinafter set forth, Contractor and City <br />agree as follows: <br /> <br />I. WORK <br /> <br />A. Contractor shall complete all Work specified in the Contract documents, in <br />accordance with the Specifications, Drawings, and all other terms and <br />conditions of the Contract documents. <br /> <br />II. CONTRACT SUM <br /> <br />A. City shall pay the Contractor as the "Contract Sum" for completion of Work <br />in accordance with the Contract documents, as the amount of Two hundred <br />forty two thousand eight hundred twenty dollars and 00/100, ($242,820.00), <br />computed in accordance with Contractor's Accepted Proposal dated, <br />October 28, 2009, which Proposal is incorporated herein by reference <br />thereto as if fully set forth. <br /> <br />B. The Contract Sum is all inclusive and includes all Work; all federal, state, and <br />local taxes on materials and equipment, and labor furnished by Contractor, its <br />subcontractors, subconsultants, architects, engineers, and vendors or <br />otherwise arising out of Contractor's performance of the Work, including any <br />increases in any such taxes during the term of this Agreement; and any <br />duties, fees, and royalties imposed with respect to any materials and <br />equipment, labor or services. The taxes covered hereby include (but are not <br />limited to) occupational, sales, use, excise, unemployment, FICA, and income <br />taxes, customs, duties, and any and all other taxes on any item or service <br />that is part of the Work, whether such taxes are normally included in the price <br />of such item or service or are normally stated separately. Notwithstanding <br />the foregoing, each party shall bear such state or local inventory, real <br />property, personal property or fixtures taxes as may be properly assessed <br />against it by applicable taxing authorities. <br /> <br />III. CONTRACT TIME AND LIQUIDATED DAMAGES <br /> <br />A. Contractor shall complete the Work within the following Schedule reflecting <br />the date the Contract Time commences to run as set forth in Section 00550 <br />