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<br />
<br />AGREEMENT
<br />for the
<br />City of Redwood City
<br />
<br />2004-2005 ASPHALT RUBBER CHIP SEAL PROJECT
<br />
<br />THIS AGREEMENT, made this ~ day of September, 2005, by and between
<br />Western States Surfacing, whose place of business is located 1601 Culpepper Avenue, Modesto,
<br />California, hereinafter called "CONTRACTOR", and the City of Redwood City, a charter city and
<br />municipal corporation of the State of California, hereinafter referred to as "CITY".
<br />
<br />In consideration of the mutual covenants hereinafter set forth, Contractor and City agree
<br />as follows:
<br />
<br />I.
<br />
<br />II.
<br />
<br />III.
<br />
<br />WORK
<br />
<br />A.
<br />
<br />Contractor shall complete all Work specified in the Contract Documents, in
<br />accordance with the Specifications, Drawings, and all other terms and conditions
<br />of the Contract Documents.
<br />
<br />CONTRACT SUM
<br />
<br />A.
<br />
<br />City shall pay the Contractor as the "Contract Sum" for completion of Work in
<br />accordance with the Contract Documents, as the amount of Three Hundred Fifteen
<br />Thousand Four Hundred Ninety and 28/100 Dollars ($315,490.28), computed in
<br />accordance with Contractor's Accepted Proposal dated, August 3, 2005, which
<br />Proposal is incorporated herein by reference thereto as if fully set forth.
<br />
<br />B.
<br />
<br />The Contract Sum is all inclusive and includes all Work; all federal, state, and local
<br />taxes on materials and equipment, and labor furnished by Contractor, its
<br />subcontractors, subconsultants, architects, engineers, and vendors or otherwise
<br />arising out of Contractor's performance of the Work, 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 />CONTRACT TIME AND LIQUIDATED DAMAGES
<br />
<br />A.
<br />
<br />Contractor shall complete the Work within the following Schedule reflecting the date
<br />the Contract Time commences to run as set forth in Section 00550 (Notice to
<br />Proceed) and Section 00700 (General Conditions); and
<br />
<br />Atty/Agr/2005.062
<br />081105
<br />sIIibrary/agreement/Award_O4-05 Chip Seal
<br />
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