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<br />ORIGINAL <br /> <br />AGREEMENT <br />for the <br />City of Redwood City <br /> <br />2005-2006 Asphalt Concrete Materials Purchase <br /> <br />This AGREEMENT, made this .ð""ll day of /JJì4q , 2006, by and between <br />Graniterock Company whose place of business is at 365 Nõfth Blomquist Street, Redwood City, <br />CA 94063, hereinafter called "SUPPLIER", 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, Supplier and City agree as <br />follows: <br /> <br />I. <br /> <br />II. <br /> <br />III. <br /> <br />MATERIALS <br /> <br />A. <br /> <br />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 />CONTRACT SUM <br /> <br />A. <br /> <br />City shall pay the Supplier as the "Contract Sum" for provision of Materials in <br />accordance with the Contract Documents, as the amount of not-to-exceed One <br />Hundred Seventy Five Thousand Four Hundred and Thirty Three Dollars <br />($175,433.00), based on the suppliers bid of Two Hundred Twenty Eight <br />Thousand One Hundred Twenty Eight dollars ($228,128.00), computed in <br />accordance with Supplier's Accepted Proposal dated, March 27, 2006, which <br />Proposal is incorporated herein by reference thereto as if fully set forth. The <br />contract period covers three (3) fiscal years and the subsequent annual contract <br />amount will be determined <br /> <br />B. <br /> <br />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 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 MATERIAL AVAILABILITY <br /> <br />A. <br /> <br />Supplier shall provide the Materials as set forth in the bid proposal, General <br /> <br />Asphalt Materials Agreement <br /> <br />Page 1 of 6 <br />