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<br />6.1D
<br />Page 5
<br />
<br />AGREEMENT FOR MATERIALS
<br />City of Redwood City
<br />
<br />This AGREEMENT, made this _ day of , 2010, by and between
<br />ADVANCED TRAFFIC PRODUCTS whose place of business is at 909 SE Everett Mall Way Suite
<br />8280, Everett, WA 98208, hereinafter called "SUPPLIER", 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, 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 for provision of Materials an amount not-to-exceed One
<br />hundred seventy seven thousand nine hundred forty eight and 58/100
<br />($177,948.58) based on the unit prices set forth in Exhibit A attached hereto and
<br />incorporated herein by reference.
<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 selVice 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 designated in Exhibit A within forty-five (45) days
<br />of the execution of this Agreement.
<br />
<br />IV. 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 />04/12/10 DRAFT - DELGADO (Easterbrook) 1
<br />Atty/Agr/2008.054
<br />072808
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