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HomeMy WebLinkAboutContract 1730 EJCDC STANDARD FORM OF AGREEMENT tBETWEEN OWNER AND CONT .R~ CTOR ON THE BASIS OF STIPULATED PRICE THIS ~,REEMENT is ~an/d0b. e,t~ ~e.n City of Columbia Heights (hereinafter called OWNER), and ~..q ~'~reinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: TREE PLANTING PROGRAM ARTICLE2-THEPROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: SUPPLYING AND PLANTING OF TREES ON PUBLIC AND PRIVATE PROPERTY: ARTICLE 3 - ENGINEER 2003 & 2004 3.01 The project has been designed by the CITY OF COLUMBIA HEIGHTS' PUBLIC WORKS DEPARTMENT who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 15 EJCDC Fall Tree Planting Page 2 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contracl~J)ocuments are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before , and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within __ __ days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR,'ahd OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loSs if the Work is not completed within th..e times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, i~ CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 16 EJCDC Fall Tree Planting Page 3 ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in cun'ent funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an Exhibit 'A'. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Prodessing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall m~e progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 15th day of.each month during performance of the Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. 17 EJCDC Fall Tree Planting Page 4 ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 6% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: ~ A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsuri'ace conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR'.ffas o..btained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means; methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 18 EJCDC Fall Tree Planting Page 5 H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CQNTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages __ to __ inclusive); 2. Performance Bond (pages __ to __ inclusive); 3. Payment Bond (pages __ to __ inclusive); 4. Other Bonds (page.s __ 5. General Conditions (pages__ to to __ inclusive); __., inclusive); 6. Supplementary Conditions (pages __ to __ , inclusive); 7. Specifications as,listed in the table of contents of the Project Manual; 8. Addenda (nu ,mbers __ to __ , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages __ to __, inclusive); b. CONTRACTOR's Bid (pages __ to __., inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages inclusive); tO 19 EJCDC Fall Tree Planting Page 6 d. Other ' ' ~; , Documentation: · 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment b~.~i pa4't, y hereto of any rights under or interests in the Contract will be binding on another party hereto without 'the written consent of the party sought~to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent 'that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Ass, igns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability 20 EJCDC Fall Tree Planting Page 7 A. Any provision or part of the Contract Documents held t° be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining proVisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). IN WITNESS WHEREOF, OWNE,~R and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on Agreement). , 2003 (which is the Effective Date of the OWNER: [CORPORATE SEA,L HERE] Attest Address for giving notices: CONTRACTOI~ BY:~I Gryge~PrOi~nt [CORPORATE SEAL HERE] Atte~ ~ Address for giving notices: gq~O Cr~en~ie!d Read Loretto, MN 55357 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement). License No. (Where applicable) Agent for service of process: 21 EJCDC Fall Tree Planting Page 8 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Designated Representative: Name: Tom Grygelko Title:~/~- ~J~ ~/E $ ~)1 ~//~ Lg--/~itle: President Address: a:~7-.~'~2~ ,fiVE- /~~L~'' Address: 8940 Greenfield Road Phone: 7~,$//~tgg -J ~'d Facsimile: ~r~ ~-~/ Loretto. MN 55357 Phone: 763-498-7696 Facsimile: 763.-498-7524 22 ~TREE I · .i_i"[~ '( ,Acer rubrum) ~ ' .. :': 7 ~Sugar Maple 2003.2004 PROPOSAL FORM SUPPLYING AND PLANTING OF TREES ON PUBLIC AND PRIVATE PROPERTY CITY OF COLUMBIA HEIGHTS. MINNESOTA ,-" :~:. :i?The undersigned, as bidder, hereby proposes and aggrees to enter itno a contract on the form attached hereto, with the ' -?~ ;~: City of Columbia Heights, Minnesota, .to supply all lab~. ~hmaterials and equipment necessary for supplying and planting ':- of trees on public and private property, all in accordance with the plans and specifications prepared by the City i':Forester, city of Columbia Heights, and in strict accordance with the unit prices herewith. The quantities and types below are best estimates only, and not to be considered an actual order amount. :. ~ FURNISH & ' ~!?.'INTSALL PER ~:i~ TREE- APPROX SIZE i:~ PUBLIC QTY. B & B:;? 268.00 5 2 1/2 ~*~ B & B:!? 268.00 5 B 335,00 5 2 112 %; B & 2 8.00 5 TOTAL PRICE 00(1-1 1/2" $ 1,340. B&B) (1-1 1/2" $ 1,340.00'B & B) ~ (1-11/2" $ 1,675.0~..,~:.B&B) ~.' (1-1 112" $ 1,340;00B&B) $ 1,340.OOB&B) '?~ '::;":;il-1 112" $ 1,195.00:~B & B) ':':."(1:1 1/2" $ 765.00 FURNISH & INTSALL PER TREE - PRIVATE FURNISH ONLY PER TREE - PRIVATE (2 1/2" (1-1 1/2" 240.00 B&B) 318.00 B&B) 190.00 (2 1/2" B & B) 268.00 240.00 B&B) 318-O0 B&B) 190.00 240.00 B&B) 385.00 B&B) 190.00 240.00 B&B).~8.00 ~&B) 190.00 240.00 B&B) 318.00 B&B) 190.00 240.00 B&B) 289.00 B&B) 190,00 200.00 B&B) 203.00 B&B) 150.00 (2 1/2" B & (2 1/2" B & B) e) (2 1/2" B & B) (2 1/2'l B & (2 1/2" B & B) 268.00 335.00 268.00 239.00 153.00' ."~- "' TREE SPECIES ~ .. Rodmond Unden .... . (Tilla x euchiora -.. ~': q-.?....i :. '-v-... BlaCk Hills Spruce ' ;~ · ,-~!;2:'.?-(Picea glauca -:; - '-'~..,'- "~;: ~-. "/' t.~,~.~*' t,' '_ ' -, AVAIL SIZE &¥ 2 1/2 "~,.~i~ B&B~ FURNISH & iNTSALL PER TREE - PUBLIC APPROX QTY. 268.00 5 . 21/2 .~' B~,~~ 153.00 B & ~- 5 , 2 1/2 ~i' B&B? 153.00 5 2 1/2 '~ 'B & B!!~~ 268.00 - 5 2 1/2 B & B!~ 239.00 5 229.00 ' 5 TOTAL PRICE ,(1-1 1/2" $1 ;340 :QO~..~ & B) "*:!(1-1 112" $ 765"00~B & B) $ FURNISH & INTSALL PER TREE - PRIVATE FURNISH ONLY PER TREE - PRIVATE (2 112" B & B) (2 1/2" (1-1 1/2" B&B) 318.00 B&B) 190.00 ,: (2 112" (1-1 1/2" B&B) 203.00 B&B) 150.00 (2 1/2 ' (1-1 1/2" (2 1/2" B & B) 240.00 B & B) 203.00 - B &'B) (2 1/2" (1-1 1/2" 150.00 200.00 200.00 $1,340/,00-.! B & B) 240.00 ~ :.~7'~,(1-1 1/2" $1,195.Q0 '~.B&B) 240.00 - }:-~ ~,,- ' '(1-1 1/2" $1,145.00" B&B) 240.00 2' 00,; (1-1 1/ $1,145. .:dL/B&B) 240.00 ':(1-1 112" $1,240.00Z!B&B) 240,00 $ 17,930.00 (2 1/2" B & ~) (2 1/2" B & B& B&B) 318.00 B&B) 190.00 B) (2 1/2" (1-1 1/2" (2 1/2" B & B~89.00 B&B) 190.00 B) (2 1/2" (1-1 1/2" (2 1/2" B&B) 2.79.00 B&B) 190.00 B) B& 153.00 153.00 268.00 (2 1/2" (1-1 1/2" (2 1/2" B & B&B) 279.00 B&B) 190.00 ~) 229.00 (2 1/2" '. (1-i 1/2" (2 1/2" B a ' B&B) 298.00 B&B) 190.00 B) 248.00 Bidder's site to City Municipal Service Center 637 38th Ave. N.E. B&B: 2 1/2 . _ B & 229.00 5 · ~ ~.~, ~-. . .'- .2 1/2 palustris} B & Bi{;. 248.00 5 "' TOTAL BID '¥;'.-":'; r..!TimeToSta ,-'" Time to Complete - ]/; 5 days ' Pd~ C°!umn for FURNISHING AND INSTALLING TREES - PUB~,IC PROPERTY ',: ..... ~re estimated totals only and not to be considered as an order. Distance: is understood that the Owner may accept or reject any Proposal. A cash deposit, certified check or bidder's bond in the amount of Ode thousand dollars ($1,000.00 ) drawn~.t0 the order of the City of Columbia Heights.j~ attached herto with the · understanding that if the Proposal is accepted, and Greenworks, Thc~''. ' refuse, fail or neglect to execute the Contract and Jrnish said bond within ten (10) days of the date of acceptance of this Proposal, it is understood and agreed that O~e thousand ;:~ 1.000 ~00 ) said being the amount of bid security'above mentioned, shall be liquidated occasioned by such failure, :refusal or neglect and that thereupon'said City of Columbia Heights shall r~ealize upon said bid security that use the proceeds in payment .of said damages, and upon the further understanding that said certified check will be promptly returned upon the rejection of this Proposal. it is understood and agreed that this Proposal cannot be withdrawn withii~ sixty (60) days after scheduled time for receipt of bids. 2003 Legal Na onlil .~ Corporation/// By:~ii~°mG~°m Gr~ ~o, 0e~dent Addres .~ ~i~1'8940 Greenfield Roa. d~ Loretto, MN 55357 Legal Residence: 8940 Greenfield Road Loretto, MN 55357 Phone: 763-498-7696