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<br />ORIGcNAL <br /> <br />AGREEMENT <br />for the <br />City of Redwood City <br /> <br />2009-2010 Cost Shared Sidewalk Repair Project <br /> <br />THIS AGREEMENT, made this 21 day of , 2009, by and SpenCon <br />Construction, Inc., whose place of busi~s at P 0 B X 325, Foster City, CA 94404 <br />hereinafter called "CONTRACTOR", and the City of Redwood City, a Charter City and municipal <br />corporation of the State of California, hereinafter referred to as "CITY". <br /> <br /> <br />In consideration of the mutual covenants hereinafter set forth, Contractor and City agree <br />as follows: <br /> <br />I. WORK <br /> <br />A. 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 />II. CONTRACT SUM <br /> <br />A. City shall pay the Contractor as the "Contract Sum" for completion of Work in <br />accordance with the Contract documents, as the amount of Two hundred forty one <br />thousand twenty five and 00/100 Dollars ($241,025.00), computed in accordance <br />with Contractor's Accepted Proposal dated July 1, 2009, which Proposal is <br />incorporated herein by reference thereto as if fully set forth. <br /> <br />B. 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 />III. CONTRACT TIME AND LIQUIDATED DAMAGES <br /> <br />A. 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 />2009-2010 COST SHARED SIDEWALK REPAIR PROJECT <br />