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ilRIGINAl AGREEMENT FOR MATERIALS City of Redwood City This AGREEMENT, made this _Yday of , 2010, by and between ADVANCED TRAFFIC PRODUCTS w~p'lace of s ess is at 909 SE Everett Mall Way Suite 8280, Everett, WA 98208, hereinafter called "SUPPLlE ", 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. 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. II. CONTRACT SUM A. City shall pay the Supplier for provision of Materials an amount not-to-exceed One hundred seventy seven thousand nine hundred forty eight and 58/100 ($177,948.58) based on the unit prices set forth in Exhibit A attached hereto and incorporated herein by reference. 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 o"ut 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. III. CONTRACT TIME AND MATERIAL AVAILABILITY A. Supplier shall provide the Materials designated in Exhibit A within forty-five (45) days of the execution of this Agreement. IV. SUPPLIER'S REPRESENTATIONS AND WARRANTIES In order to induce City to enter into this Agreement, Supplier makes the following representations and warranties: A. Supplier has examined thoroughly and understood the nature and extent of the Materials, Applications, locality, actual conditions, as built conditions, and all local A TTY / AGR/20 1 0.026 040810