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<br /> AGREEMENT
<br /> for the
<br /> City of Redwood City
<br /> 2014-2015 ASPHALT RUBBER CHIP SEAL AND SPOT REPAIR PROJECT
<br /> THIS AGREEMENT, made this � day of �2015, by and befinreen
<br /> American Pavement Systems, Inc. whose place of busi ss is at 1012 11�' Street, Suite 1000,
<br /> Modesto, CA 95354 hereinafter called "CONTRACTOR", and the City of Redwood City, a Charter
<br /> City and municipal corporation of the State of Califomia, hereinafter referred to as "CITY".
<br /> In consideration of the mutual covenants hereinafter set forth, Contractor and City agree as
<br /> follows:
<br /> I. WORK
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<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 of
<br /> the Contract documents.
<br /> II. CONTRACT SUM
<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 One Million Seventy Four
<br /> Thousand One Hundred Fifty Eight and 95/100 Dollars ($1,074,158.95), computed
<br /> in accordance with Contractor's Accepted Bid F�eqesa�dated, June 30, 2015, which
<br /> Bid J�esa� is incorporated herein by reference thereto as if fully set forth.
<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 taxes
<br /> on any item or service that is part of the Work, whether such taxes are normally
<br /> included in the price of such item or service or are normally stated separately.
<br /> Notwithstanding the foregoing, each party shall bear such state or local inventory, real
<br /> property, personal property or fixtures taxes as may be properly assessed against it
<br /> by applicable taxing authorities.
<br /> III. CONTRACT TIME AND LIQUIDATED DAMAGES
<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 /> 1. Contractor shall achieve Substantial Completion of the Work within thirty-five
<br /> (35) Calendar Days from the date the Contract Time commences to run.
<br /> B. Liquidated Damaaes
<br /> 1. City and Contractor recognize that time is of the essence of this Agreement
<br /> and that City will suffer financial loss in the form of lost revenues, contract
<br /> AGREEMENT
<br /> 2014-2015 ASPHALT RUBBER CHIP SEAL AND SPOT REPAIR PROJECT
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