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HomeMy WebLinkAboutContract 22912291 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA, (hereinafter called OWNER AND NICK'S TREE SERVICE INC. (hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants set forth herein, 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 SANITATION PROGRAM ARTICLE 2 -THE PROJECT 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: REMOVAL OFT ES c& STUMPS, T ES ONLY OR STUMPS ONLY gala-zaI a ARTICLE 3 -ENGINEER 3.01 The project has been. designed by the CITY OF COLUMBIA HEIGHTS ENGINEERING 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 E1~TGINEER in the Contract Documents in connection with the Completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01. Time of the Essence A. All time limits for Milestones, if any, Substantial Completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 17 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before December 31 2011 and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before December 31 2011 4.03 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. *Defined in Division 1 of these Specifications 4.04 Liquidated Damages A. CONTRACTOR and 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 the 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 j, CONTRACTOR shall pay O v~'NER $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, iI~ CONTRATOR 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. ARTICLE 5 -CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the ~~ork in accordance with the Contract Documents an amount in current 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. 18 ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing 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 make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in paragraphs 6.02 A.1 and 6.02 A.2 below. A11 such payments will be measured by the schedule of values established in paragraph 2.07A 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 14.42 of the General Conditions. a. i~lot used anal. b. Not used 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with. paragraph 14.07 of the General Conditions, O ER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moneys not paid vr-l~en 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: 19 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 and Site conditions that may affect cost, progress and performance of the Work.. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface 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 has obtained and carefully studied (or assumes responsibility for doing 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 cast, progress, ar 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 any specific means, methods, techniques, sequences and procedures of construction expressly required by the Bidding Documents, 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 acrd 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 athers at the Site that relates to the Work as indicated in the Contract Documents. lI. CONT CTOR has correlated the information knovan to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, acid 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 CONTRACTOR. 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: 20 1. This Agreement (pages 17 to 23, inclusive). 2. Performance bond (pages 24 to 25, inclusive). 3. Payment bond (pages 26 to 27, inclusive). 4. Other bonds (pages to ,inclusive). a. (pages to ,inclusive). b. (pages to ,inclusive). c. (pages to ,inclusive). 5. General Conditions (pages 00700-1 to -00700-41, inclusive). 6. Supplementary Conditions (pages 00700-42 to 00700-50, inclusive}. 7. Specifications as listed in the table of contents of the Project Manual 8. Addenda (numbers to ,inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages to ,inclusive). b. Contractors Bid (pages i G to 16, inclusive). c. Documentation submitted by Contractor prior to Notice of Award (pages 1 to 2, inclusive). d. lO.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 (}rder(s). B. The documents listed in Paragraph 9.O1.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 3.04 of the General Conditions. 21 ARTICLE 10 -MISCELLANEOUS 1.0.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract No assignment by a party 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 fram any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns 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 A. Any p~°ovision or parC of the Contrast Documents held to 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 ~,vith a valid and enforceable provision that conics as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable) IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart Pack has been deli :%ered to O~;~ner and Contractor. All portions of the Contrast Documents have been signed or identified by Owner and Contractor or on their behalf. 22 This Agreement will be effective on April 12, 2010 (which is the Effective Date of the Agreement). OWNER: [CORPORATE SEAL] Attest::~~,~ ~ - ~ ~-~~- fitle: ~~.-~~,..~~ Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If DWNER is a public body, attach Evidence of authority to sign and. Resolution or other documents Authorizing execution of C3WNER- CC~NTRACTDR Agreement.} Designated Representative: Name: _ Title: _ Address: Phone: CONTRACTOR: ,. , . ._ _~ . _~. ~ r x ~;, Attest: [CORPORATE SEAL] ,~ Title: ,~ ~ : ,r ' ~° ~-_ Address for giving notices: 4~ License No. (where applicable} Agent for service of process: (If CQNTRACT(JR is a corporation or a Partnership, attach evidence of authority to Sign.} Designated Representative: Name: Title° - Address: Phone: Facsimile: Facsimile: 23 L11L14r 1~~.FyL:.V ~~ r~l. t.11 ~~~l.i i+~ PERFORMANCE BOND Form to be Used When Bonding Oniy One Year of a Muiti-Year Contract (Page 1 of 2) Bond No, 70917698 KNOW ALL MEN BY THESE PRESENTS: That, Nic t' o `Ircc Scrvicc In~ (hereinafter called Principal) as Principal, and Western surety ~omoany a corporation duly organized under the laws of the s ~d ~_e of south Dakota and duly authorized and licensed to do business in the State of Mir_naso.a (hereinafter called Surety), as Surety, are held and firmly bound unto City of Co1t_tmbia Heights (hereinafter called the Obligee), as Obligee, in the full and just sum of Eighty ^housand and 00/100 Dollars (S So O, 000. oo ) to the payment of which sum, well and trul+y to be made the said Principal and Surety bind themselves, their and each of their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned ObligPP datPri Rnri 1 1 ~, 2~1 ~ for Tree Sanitat_on Proqram -- ~cmoval of Trcco G St~.mpc, 'Irccn On-Y Or Stumpy Gnly X010-2011 for a period of 2 years which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, and WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of only one year. NOW, THEREFORE, if Principal shall faithfully pertorm such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Form F6612 PERFORMANCE BOND (Page 2 of 2) PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term beginning May ~, 2010 and ending December 31 2010 2. In the event of default by the Principal in performance of the contract during the term of this bond the Surety shall be liable only for the loss to the Obligee for actual excess costs of performance of the contract up to the expiration of the term of this bond and in no event shall the liability of the Surety exceed the penal sum stated in this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be instituted or maintained against the Surety under this instrument unless same be brought or instituted and process served upon the Surety within one year after the expiration of the term of this bond. 4 Neither non-renewal by the Surety, nor failure, nor inability of the Principal to file a performance bond for subsequent terms under said contract shall constitute loss to the Obligee recoverable under this bond. 5 The bond may be extended for additional terms at the optian of the Surety, by continuation certifcate executed by the Surety and the Principal but regardless of the number of extensions for additional terms and the number of premiums which shall be payable or paid, the liability of the Surety hereunder shall not be cumulative from year to year nor period to period. F. No right of action shall accrue on, this bend to or for the Ilce of any person nr corporation other than. the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed and sealed this ~ th day of Nick's Tree ervice Inc. (Principal} a ~,,~ ~ ~ .- ~ ~ r ~oio GJestern Suretv Comban (surety} DENNIS J SLrEDEECK Attorney-in-Fact ;~ ~ ~(1RPORAjF SEAL ., .. ACKNOWLEDGMENT OF S~JRETY Minnesota STATE OF (A6Lurney-in-Fac6) Eond Ido. 70917u98 CUUNTY OF wriaht S5 On this day of ~~ ~t~`'' = ~~ t ~I ,before me, a notary public in and for said County, personally appeared TENNIS J SUEDBECK to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the taws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the Cairl rF1.1n7IG ,T ~tiF ilRF('K acknowledges said instrument to be the free act and deed of said corporation and that he has authorit~~ to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF; I have hereunto subscribed my nanie and affixed my official seal at Monticello Minnesota ,the day and year last above written. 11~I coerunission ex Tres '~ - °~°"' "~'~ - - - - Notary Public Form 106-4-2000 ~ - t .®s ~"~ iilfl~Sff~r"7t ?~ ~"+~' ~ Ce- mEssfon Expires Janu 3t, 2~td ,~- .:~ ~ Western Surety Company POWER OI' ATTORNEY - CERTIFIED COPY Bond No. 7 0 917 6 98 Know .All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and e>osting under the laws of the State of South Dakota, and having its principal office in Siaux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint DENi~ IS J SUEDBECK its true and lawful attorney(sl-in-fact, with full Power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: 14ick'~ Tree Service, Inc. Obligee. Cit;r oz Columlaia :-leights Arrwunt: $ 5 0 0, 0 0 0. 0 0 and to bind the Company thereby as fully and to the same extent. as if such bonds were signed by the Senior Vice President, seated with the corporate seal of the Compasly and duly attested bg' its Secretary, hereby ratifying and confirming all that the said attorneys}-in-fact may do within the above stated limitations. Saicl appointment is made Lmder and by authority of the following bylaw of Western Stu°ety Company which remains in full force and effect. "Section 7. All bonds, policies, undcrtalrings, Powers of Attorney ar other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bands, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any =urh cfficar and the corporate seal may he printed by facsimile." A11 authori±y hereby conferred shall expire and terminate, ;~ritheut notice, carless used before rnidni;ht of i?ecPmhP r ? 1 ~ 7 ~ ,but until aunh time shall be irrevocable and in full force and effect. Ir.:~`itneas Whereof, Vitestern Surety Company has caused these presents tc bo signe3 by its Senior Vice President, Paul T. Biw9at; and its cory;;~y~yt~.~gFa~l to be of&xed this 7th day of l~I~y 2 O 10 ,~~s~?- ,'' - ¢~, gvVEST R SURE COMPANY ,_ .~ Paul T. Brvfla Senior Vice President :~: _ ~~ _ On this ~ Ih day of t/a'T , iu the year 2 010 ,before me, a uoLary public, perauually appeared Paul T. Bruflat, who being to me duly sworn; acknowledged that ha signed the above Power of Attorney as the aforesaid officer of WESTERN SUTtETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. i4~~~roa~~waatiaaatiawaaaaaa ~ + D. KREI.I. i v ~ NIOTARII PUBLIC f otary Public -South Dakota iSdUTH DAICtYI'Aa ~aaaaaaaaaaaamaaaaaaaaaa6 My Commission Expires November 30, 2012 I the undersigned officer of Wcstcrn 5urcty Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as sat fnrt.h in the. Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this May ?010 7th day of WEST R SURE COMPANY T Paul T. Brufla enior Vice President Form F5306-a2006 May 07 10 04:29p Col Hits Comm Dev Dept [7631 706-3671 !~ Ca~~ --~._,~ CERTIFICATE QF LIABILiT'V iNSURgt~GE PRODUCEte Matttica~a Age~y PO Box 907 THtS CERTIFICATE tg ISgtJED AS Nbnt{cetto MN 55362 ONLY AND CONFERS NO RtGH ALTER THE COVERAGE AFFORR' Phone: 783-295-4900 Fax: 783-295-6976 n+suaEa IV1GK`S TREE SERVICE INC INStJRER3AFFORDINGCOyERAGE r~TlJ1/1 ~OyLlNE QIZ IN6UREp A; 9UkLlNGTONfN9UAANCE COMPANY VV VVtUJ //ll C L! ikRUREa g; ^-"'- CORCORAN MN 55340 weuaFac. -, .- Tt7¢ POLICIES Of INSURANCE US'i'Ep BELOW MAYS BEEN ISSUED 74 THE INSURED NAMED AODVE FOR Ttitc POLICY PERIOD lNp1CAT'Ep ANY REflU1REMENT, TERM OR CONpfTtON OF ANY C4tiT RACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS C£RT7PICATE MAY PERTAIN, Tt~ INSURANCE AFFpRbEO Br THE t'OltGlES pESCRIBEG HEgi;tN IS SUBJECT TO ALL TFIE tERWIg, FJ(CLUSION,S ANO Ct POLICt@$. AC,GREGATE UMi't5 S HOWN MAY NAVE 5EE N REOUCEOBY PAID CLAIMS- IH9ti OD' --- aOLICYNIJ~Eq Pp~,tL7(EFEECTRIE PQfJCY E7(PlRATION "`~------~-- Q6N6RAL U161UfY LMII x COMMF3SGVll GENERAL La1HU~lTY FACN OCCURRENCE /~ CIAI{AaMAOE ~ aeeva 4~y ~yp .1 ~s~lc PREM rt~gepmt„_ ~"[ ~ J2G 65 iGLJ~ MED EXP n nro~P~°~+n> 02118/2t}1d 02/18/2011 AERSONALG AOV[NJURY .~ GENLAGGREGATE Lain AAPt xn am~ tien~FPni .rrnrr. ~ 0 dfAtC ~ SSUED OR i OF SUGH ~.d~~ (ir z ANYAUTO N.LOWN6DAUT05 •`+CMEDtKEDAUT09 HwED tyros NQN.OWNED AUTO$ G`I }RAO! L1AlNLtTY j ANYAUTO I ~~ ~CU.IMS MADE aEDUCTIaLE SzE'TENtrOT+ T 8 ~7aRPENSATIDk Aka ' LIAiJLlTY ANY PRtSPRtETORrAARTNEW EXECUTtvE dyyF..fiCE1i4YE~R EXClt11yEC2'j SPECML PgOVIS~NS 6daw OTHER City' of C~aiutnbia NEsights is named as additrona! insured an ffie general liability coverage 3 t CfTY bF CC}LUMBIA t1trICHTS UMDULO ANY OF TttE A90V¢bESCRIBEDPOUC1Ea atE CANCELIFD @PpORE T7iE EY,PlRkT{may Attn: SHELLY Dh9E THEREDF, TµE t89U1NG INeURett mti EMO{!AVOR TO MAt1 3~ aAlfe wxTiTEN NOTICE T6 tME CERTfF7CATE HOLtXR MAMEa TO THE LEFT. 8UT FAILUR6~T0 DO 90 SHALL NMOSE NO a6U0Atlati aA Lu9tLtiy qr ARyr IDND L'AfiN THE MIBUREry. ITS ACP.NTS OR REPAEBENTATtvcn fPCOM&~[DO S:NGLE LIMn 8 {EPOa~tNJURY 5 _. •.• __ DantLY lwu.Y (Pe.uxter,u s PtaoP~TtTVtr.~MLa~ (Pat(Paf aC~itlant} A AUTOONLY•EAACCIOENT i OT}#_R Tub i El ACC ; ~~~ w AUTOONI_Y; - p.1 MP" Contractor's Business Name: ks e \.cP.Ie.U)LP IrrG � Address: j,L1) vl.,2- de ti 55 3 - ) 0 Phone No: q9 7 Fax No: BID FORM PROJECT IDENTIFICATION: REMOVAL OF TREES & STUMPS, TREES ONLY OR STUMPS ONLY BIDS TO BE OPENED: 10:00 A.M. THURSDAY, APRIL 1, 2010 This bid is submitted to: CITY OF COLUMBIA HEIGHTS 637 38 AVENUE NE COLUMBIA HEIGHTS, MN 55421 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract time indicated in this bid and in accordance with the other terms and conditions of the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER'S NOTICE OF AWARD. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: 10 BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): Date Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work. (c) Omitted. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred, to in (c) above) which pertain to the subsurface or physical conditions at the Site or otherwise may affect the cost, progress, performance or furnishing of the work as BIDDER considers necessary for the performance of furnishing the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the :Contract Documents, including specifically the provisions of Paragraph 4.02 & 4.03 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, texts, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 11 (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors, discrepancies that it has discovered in the :Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. (i) Any other representation as required by Laws and Regulations. 4: BIDDER WILL COMPLETE THE WORK FOR THErFOLLOWING UNIT PRICES:. CITY OF COLUMBIA HEIGHTS "REMOVAL OF TREES AND STUMPS, TREES ONLY OR STUMPS ONLY" 2010 -2011 Item Unit Quantity* Unit Total Price _ 1 `CE PER TREE AND 24 / in dia 300 - MP $ y 2 1 ; PER TREE ONLY 24 / in dia 50 4- $ �/ &)0 $ /W. 3 Ph °ER STUMP ONLY 24 / in dia 10 $ $ F * I\ r of trees is estimated based on past years' experience. Actual numbers will vary de 'ng on season's inspection results. TOTAL AMOUNT OF BID: $ 9/ y'/ ? TOTAL BID WRI TEN IN WORDS / f 6 1°-1/ / Quantities dicated for the convenience of the Bidder. Final payment will be based on / actual quan, 12 1 II it 5. BIDDER agrees that the Work will be completed as follows: • REMOVAL OF TREES & STUMPS, TREES ONLY OR STUMPS 'ONLY: 2010 AND-2011 • Final inspection by December 31, 2011, in accordance with Paragraph 14.06 of the General Conditions. 1 • BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1 6. The following documents are attached to and made a condition of the BID. (a). A.tabulation of Subcontractors, Suppliers, and other persons and organizations required to be identified in this Bid. iir - -(b) Affidavit ,of (c) OSHA Compliance form ,, 7. Communications concerning this BID shall be addressed to the address of BIDDER indicated below. Il 1 • SUBMITTED ON: � ! / Q , 2010. k f If BIDDER is: i ' �, ... _ ...._.. AN INDIVIDUAL GREGORY JAMES HILDEBRANDT Notary Public i ;I '., Minnesota t•! By c t ^ My Commission i i Expires January 31, 2013 yo (Individual's Name) I Doing Business Ar7 ( LGC S J-e-e —1-0 I a) . I /l, i Address 9 t ) x (j i iR 0 v- ----.77 /--- ,_,,,- 44--)--\ ----- 4l ,5'53 gO 2 / .- 7 --- /I) 1 I 13 Telephone No: A PARTNERSHIP By (SEAL) (Firm Name) (General Partner) Business Address: Telephone No.: A CORPORATION By V-145 l V eC Seie v (SEAL) (Corporation Name) (State of Incorporation) i o v te GREGORY JAMES HILDEBRANDT Public ,�, Minnesota By 48 ,C I My Commission Expires January 31 2013 (Name of Person Authorized to gn) 'Or (Title) ATTEST: (Secretary) Business Address: Telephone No. 14 A JOINT VENTURE By (Name) (Address) By (Name) (Address) Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture /should be in the manner indicated above. 15 1 STATE OF / Ole c COUNTY OF 4'4,0 AFFIDAVIT OF NON - COLLUSION: (1) That I am the BIDDER (if the bidder is an individual), a partner in the BIDDER (if the bidder is a partnership) of an officer or employee of the BIDDER corporation having authority to sign on its behalf (if the BIDDER is a corporation; (2) That the attached bid or bids have been arrived at by the BIDDER individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any vendor of materials, supplies; equipment or services described in the invitation to bid designed to limit individual bidding or competition; (3) That the contents of the bid or bids have not been communicated! 'by the BIDDER, or its employees or agents, to any person not any employee or agent of the BIDDER, or its surety, on any bond furnished with the bid or bids, and will not be communicated to any person, prior to any official opening of the bids, or bids; and; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. 4 ,L,,,4_, e: , ,i ` BIDDER I t� s f i.- , Pe �ln G FIRM MAKING BIDS Subscribed and sworn to .efore me This 1 day of " ' - � , 2010. 4 , . ,� ,;GREGORY JAMES HILDEBRANDT NAME , ! commss 0 ar �'- c _ _ _ _ _ _ _ _ _ _ 4/ S ; , ,5 Minnesta M y 31, 2013 OFFICIAL TITLE 16 CONTRACT EXTENSION The City of Columbia Heights and Nick's Tree Service of Corcoran, MN entered into a contract for the Removal of Trees & Stumps, Trees Only or Stumps Only(Exhibit A), for the 2010-2011 contract period ending on December 31, 2011. The City of Columbia Heights and Nick's Tree Service wish to extend the period of the contract from January 1, 2012 through December 31, 2012. Both the City of Columbia Heights and Nick's Tree Service agree to an extension of the current contract for the period of January 1, 2012 through December 31, 2012 upon the same terms and conditions as found in Exhibit A. This contract extension, Exhibit A, constitutes the entire agreement of the parties. The undersigned state that they have read the contract extension and they understand its nature and terms. City of C umbia -fights Nick's Tree Service (l'i 07# - -4,-) A - 4 i , * a M. for Gary Peterson Nicholas E. Arrigo Y./ \ (9/ I I Walter R. Fe st, City Ma ager Date /0ZAV//i Date Required from Nick's Tree Service: Updated Performance Bond Current Certificate of Insurance CONTRACT EXTENSION The City of Columbia Heights and Nick's Tree Service of Corcoran, MN entered into a contract for the Removal of Trees & Stumps, Trees Only or Stumps Only(Exhibit A), for the 2010-2011 contract period ending on December 31, 2011. The City of Columbia Heights and Nick's Tree Service wish to extend the period of the contract from January 1, 2012 through December 31, 2012. Both the City of Columbia Heights and Nick's Tree Service agree to an extension of the current contract for the period of January 1, 2012 through December 31, 2012 upon the same terms and conditions as found in Exhibit A. This contract extension, Exhibit A, constitutes the entire agreement of the parties. The undersigned state that they have read the contract extension and they understand its nature and terms. City of C umbia -ights Nick's Tree Service II; a or Gary Peterson Nichols E. Arrig`o 1I 0,,/<"/ ..„0.47#7:7--- Walter R. Fe st, City Ma ager Date /0Z//,,;////( Date Required from Nick's Tree Service: Updated Performance Bond Current Certificate of Insurance