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<br />ORIG~NAL
<br />
<br />AGREEMENT
<br />for the
<br />City of Redwood City
<br />
<br />2008-2009 Asphalt Concrete Materials Purchase
<br />
<br />THIS AGREEMENT, made this r:.. day of h/'..J..I\Q,e / ,2008, by and between Graniterock
<br />Company whose place of business is atE Blomqu~ City, CA, 94063 hereinafter called
<br />"SUPPLIER", and the City of Redwood City, a Charter City and municipal corporation of the State of
<br />California, hereinafter referred to as "CITY".
<br />
<br />In consideration of the mutual covenants hereinafter set forth, Supplier and City agree as follows:
<br />
<br />J. MATERIALS
<br />
<br />A. Supplier shall provide all Materials specified in the Contract Documents, in accordance with
<br />the Specifications, Standards, Details, and all other terms and conditions of the Contract
<br />Documents.
<br />
<br />II. CONTRACT SUM
<br />
<br />A. City shall pay the Supplier as the "Contract Sum" for provision of Materials in accordance with
<br />the Contract Documents, as the amount of $220,000.00, computed in accordance with
<br />Supplier's Accepted Proposal dated, August 13, 2008, which Proposal is incorporated herein
<br />by reference thereto as if fully set forth.
<br />
<br />B. The Contract Sum is all inclusive and includes all Materials; all federal, state, and local taxes on
<br />materials and equipment, and labor furnished by Supplier, its subcontractors, subconsultants,
<br />architects, engineers, and vendors or otherwise arising out of Supplier's provision of the
<br />Materials, including any 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 equipment, labor or
<br />services. The taxes covered hereby include (but are not limited to) occupational, sales, use,
<br />excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on
<br />any item or service 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 the foregoing, each
<br />party shall bear such state or local inventory, real property, personal property or fixtures taxes as
<br />may be properly assessed against it by applicable taxing authorities.
<br />
<br />III. CONTRACT TIME AND MATERIAL AVAILABILITY
<br />
<br />A. Supplier shall provide the Materials as set forth in the bid proposal, General Conditions, and
<br />General Requirements; and
<br />
<br />1. Supplier shall provide materials for the duration of the current agreement fiscal year
<br />period. The agreement cycle shall run from September 15t through August 30th of the
<br />following calendar year.
<br />
<br />B. Material Availabilitv:
<br />1. City and Supplier recognize that time is of the essence during this Agreement and that
<br />City will suffer financial loss in the form of lost revenues, contract administration
<br />
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