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HomeMy WebLinkAbout2016-2716AGREEMENT IETWEEN OWNER AND CONT?,.&CTO9 FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Columbia Heights ( "Owner ") and Nick's Tree Service Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ( "Contractor ") 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, of which the Work under the Contract Documents is a part, is generally described as follows: Removal of Trees & Stumps, Trees Only or Stumps Only 2016-2017 ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by the CITY OF COLUMBIA HEIGHTS ENGINEERING DEPARTMENT (ENGINEER). 3.02 The ENGINEER 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. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence 4.02 Contract Times: Dates A. The Work will be substantially completed on or before December 31, 2016/ December 31 2017__, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 31, 2016 /December 31, 2017 . 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 250.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 250.00 for each day that expires after such time until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as Exhibit A. As provided in paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the Engineer as provided in paragraph 9.09 of the General Conditions. Unit prices have been computed as provided in paragraph 13.03 of the General Conditions. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. Not used; and b. Not used EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 6 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, ...Jw.....:....... G....:��...t i^.. :1 e.. �:. -� -..- wll ..:.La- ..-- _.-..J fl...... +..Le J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 00700 -50 to 00700 -58, 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. Contractor's Bid (pages 10 to 17, inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Change Orders. c. Field Orders. 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 the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 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 A. Unless expressly agreed to elsewhere in the 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, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 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 Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severabiiity A. Any provision or part of the Contract 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 with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, ­4 Aro it t—im- of r;�,a Fnoinccrc mi r;ohtc roan —i Pacc S of E IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on April 11, 2016 (which is the Effective Date of the Contract). [ , Title: City Manager Attest: X� aty'' Title :, °`�� Address for giving notices: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 'l (10 (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: (where applicable) EJCDC1 C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): NICK'S TREE SERVICE, INC. WESTERN NATIONAL MUTUAL INSURANCE 9000 FOXLINE DR. COMPANY HAMEL, MN 55340 5350 WEST 78TH STREET EDINA, MN 55459 OWNER (name and address): CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE, COLUMBIA HEIGHTS, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: April 11, 2016 Amount: $137,300 Description (name and location): Removal of Trees /Stumps in the City of Columbia Heights — 2016 The term for this bond is 4/11/16 — 12/31/16. BOND Bond Number: 26200 Date (not earlier than the Effective Date of the Agreement of the Construction Contract):April 28, 2016 Amount: $68,650 Modifications to this Bond Form: D None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly �Q Aed&a authorized officer, agent, or representative. NFL o� `RPQi ' rC°4'a CONTRACTOR AS PRINCIPAL y.P ` G� �'` � <> SURETY ' >? ".G® ��fi a o SEAL co C M J v Nick's Tree Service Inc. (fie Western National Mutual Insurance Com"ar (se�all Contractor's Na a and Corporatee �ytdE.S ®; �-�o .Surety's Name and Corporate Seal y� ''t'NE g0� /� y y By: '- .,off C' n00 Signatu Signature (attach power of attorney) Nick Arrigo Melissa R. Schrupp Print Name Print Name President Insurance Agent Title Title Attest: Attest: Signature Signature Tim Pierce, Insurance Agent Tim Pierce. Insurance Agent Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -610, Performance Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C -610, Performance Bond Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: EJCDCO C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 a'. a ! 1 a STATE OF S ss COUNTY OF ) On the day of 2016 , before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that executed the same as free act and deed. Notary Public County (Notarial Seal) My Commission Expires STATE OF Minnesota COUNTY OF Meeker 1 ss 1 On the 28th day of April 2016 , before me, personally appeared Nick Arrigo to me known, who being by me duly sworn, did depose and say that resides in Hamel MN , that is the President of the Nick's Tree Service, Inc. the corporation described in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that signed name thereto by like order. [QAMANDA PEML LUND Notary Public I r county .iY4,11 2esv NOTARY PUBLIC - MINNESOTA a%PWSION EXPIRES 010117 My Commission Expires 0111-31 f STATE OF Minnesota ) COUNTY OF Meeker j ss On this 28th day of April , 2016 , before me appeared Melissa R. Schru to me personally known, who being by me duly sworn, did say that is the aforesaid officer or attorney in fact of the Western National Mutual Insurance a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation AMANDA PEARL LUND _� ✓i��2�.s�� NOOTARYPUBLIC - MINNESOTA Notary Public county - a LION EXPIRES 01/31/17 My Commission Expires �%l :,a' 3 % f INSTRUCTIONS Most Bonds Filed In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public. Also, The Signature Of The Attorney- In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney-in -Fact. SSC 2757 (4143) J ENGINEERS JOINT CONTRACT DOCUMENTS COMFA:TTEE f: 7-1 vi I«1 : • CONTRACTOR (name and address): NICK'S TREE SERVICE, INC. 9000 FOXLINE DR. HAMEL, MN 55340 SURETY (name and address of principal place of business): WESTERN NATIONAL MUTUAL INSURANCE COMPANY 5350 WEST 78TH STREET EDINA, MN 55459 OWNER (name and address): CITY OF COLUMBIA HEIGHTS 63738 TH AVE NE, COLUMBIA HEIGHTS, MN 55421 CONSTRUCTION CONTRACT Effective Date of the Agreement: April 11, 2016 Amount: $137,300 Description (name and location): Removal of Trees /Stumps in the City of Columbia Heights — 2016 The term for this bond is 4/11/16 — 12/31/16. BOND Bond Number: 26200 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): April 28, 2016 Amount: $68,650 Modifications to this Bond Form: M None ❑ See Paragraph 18 Surety and Contractor, intending to 4s¢i `h� `bund hereby, subject to the terms set forth below, duets c ca e this Payment Bond to be duly exeY'+t ''i,�� °,% r�ged officer, agent, or representative. \QL y�J� °° CONTRACTOR AS PRINCIPAL � � c�oR � �! $ p `��'GO�P� .*' _� o SURETY Nick's Tree Service Inc. seaOZ -Western National Mutual Insurance Compp -n-4 ° Contractor's me and rporate', o Surety's me and Corporate gal l C BY: Sign ure ° ° °° Y Signature (attach power of attorney `° 3 ° Print Name President Title Melissa R. Schrupp Print Name Insurance Agent Title Attest: W �'1~ Attest: °1✓ 1z ^- Signature Signature Tim Pierce, Insurance Agent Tim Pierce. Insurance Agent Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -615, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non - payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor, that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non - payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. & The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13)• 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C -615, Payment Bond Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract, 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C -615, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 a + • 1 1 STATE OF SS COUNTY OF ) On the day of 2016 , before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that executed the same as free act and deed. (Notarial Seal) Notary Public County My Commission Expires STATE OF Minnesota ss COUNTY OF Mee 1 On the 28th day of April 2016 before me, personally appeared Nick Arrigo to me known, who being by me duly sworn, did depose and say that resides in Hamel MN , that is the President of the Nick's Tree Service, Inc. the corporation described in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of,said corporation; and that signed name thereto by like order. Notary Public ?'� ��' County 11in6,5 o11k_ d My Commission Expires °� i STATE OF Minnesota ss COUNTY OF Meeker On this 28th day of April , 2016 , before me appeared Melissa R. Schru to me personally known, who being by me duly sworn, did say that is the aforesaid officer or attorney in fact of the Western National Mutual Insurance, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act aq# deed of said corporation. AMANDA PEARL LUND Notary Public -County fll f 1t S U YPUSUC.MINNESOTA My Commission Expires � ?l % _.7 I8810N SPIRES 01/31/17 INSTRUCTIONS Most Bonds Filed In Minnesota Require The Signature Of The Principal To Be Acknowledged By A Notary Public. Also, The Signature Of The Attorney - In -Fact Should Be Acknowledged By A Notary Public. On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney -in -Fact. SSC 2757 (4193) W/STBRF NATIONAL - 7tret�attansh+P�a +y�a+++.F - - POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does Make, constitute and appoint; Gary D, Pierce, Troy J Atkinson, Stephen R. Prozinski, Melissa R. Schrupp, Amanda P. Lund, Sandra Gruenke, Timothy D. Pierce, Brooke Kramer P16rce Agency ( #507) Its trued and fawfitl Attorn'eyO�in -fact, with full power and authtl;rity fr�tiandr�' �b�r if kJf the Ql7tpany as surety, t0 execrate and deliver and affix the seal of the Company thereto (if a seal is required) bona, und►ertd id s racagnizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste rernedsation bonds or Mack lung bonds), as follows: 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 2016 -2017 contract period ending on December 31, 2017. The City of Columbia Heights and Nick's Tree Service wish to extend the period of the contract from January 1, 2018 through December 31, 2018. 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, 2018 through December 31, 2018 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 Columbia Heights Nick's Tree Service Donna K. Schmitt, Mayor Nich as E. Arrigo, President Walter R. Fehst, City Manager % 1 Date Required from Nick's Tree Service: P I a 17 Date Updated Performance Bond Updated Payment Bond NICKS01 OP ID: HC CERTIFICATE OF LIABILITY INSURANCE DATE 03 /0 612 0 1 7Y) 03/06/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Pierce Agency, Inc. NAME: Timothy Pierce P.C1. Box 160 PHONE E>r1s; 320- 693 -6115 L , NQ); 320 - 693 -3452 Litchfield, Pierce 55355 E-MAIL tim@pierceinsurance.com Timothy Pierce INSURER(S) AFFORDING West Bend Mutual INSURED Nick's Tree Service, Inc. INSURER B 9000 Foxline Drive Hamel, MN 55340 INSURER C: INSURER D. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISinN NI1MRFR- NAIC # 5350 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IiNSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1NSD T POLICY NUMBER MM /DD/YYYY ) (MMIDDfYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE L_x__J OCCUR A122646 00 02/18/2017 02/18/2018 PREMISESa€ €once $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY ❑ jEC 7 LOC PRODUCTS - COMP /OP AG_G $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY COMUINEO SINGLE LIMIT Ea aecidenl $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PR PERTY DAMAGE Peraccidenl $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I RETENTION $ $ WORKERS COMPENSATION R- O - AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A STATUTE I ER E, L. EACH ACCIDENT $ EL.DISEASE - EAEMPLOYE $ (MandatoryinNH) If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Columbia Heights ACCORDANCE WITH THE POLICY PROVISIONS. F: 763 - 706 -3671 590 40th Ave NE AUTHORIZED REPRESENTATIVE Columbia Heights, MN 55421 ro ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 01/06 PAYMENT OOND Any singular refo-e110e ID C>antrnctnr. Surety, Qvvrtcr. or oilier jmtty shall be coiMdered plurd.) where atl licabli-. CONTRACTOR (iUonw one,, Adefec.sr): S'URE'TY (Weave, arfc'!•, ddi-cmy of PrMciprrl ;l'lace•of Nicic's•Ttoe SgrviCe, Inb. arsfia ,ss); •9000 Foxline Dr. Western'Ngtional.Mutual IhSU'rance Company Hamel, MN. 5.530 5360 West 78th St t'3Vw'iM!�lt (Mine wnlAddress): Ulna, MN 56439 City'of Coalurribia Weights :63196th•Ave., NE Columbla Weights, M'Iri •55421 CONTRACT. lvtfcCt'i�ra..l�aic ri;� /aICrnnl: 12l'IV2017 Airietitll: •$t38.t350' 17e5�ri�l6Ti ( �1rU7F1 CY7��ki�:#7CQ�CIl71.1�Y: Removal of Tree -g18i rmps,in #lta City Of•Columlbia I-leight5, BOND Bond 1`iittmbor, X6203 T3atc (�i'Vola'earlre ►��lfiutn E�j`ecJ:lii }e ��arer��' ��rec7►yGar1 }: 1 � 1 �'l 7 Atfr6witt $'68,650 Modifilpalions to't1iis Bolid Form; Sub -ttvstnd.- OD.lra�cltV, inter in .t'� tie 1� rally ltctund lierclby, sulipect,�o t1te tornts sit 9�wttt'belnty, -in. eacOt cauid di, s :Tloytt em ,Braid ro bo,dL l,;y c-,xo d 1iy nn vdinritcd of I taer, lbcrrt. Cit rel�reS�tliatil�c. ,CON - ItACTOR AS JnMivClV:a4,•11, -S> R-E,". 1 Nick's free SsrvPce, Inc. (fiGttl) Westem National Mutual - Insurance Com Ipany (wail) Coritnictor;s.N Ie a it sea] Strret;irs Nptne_ and, C ?orptrrlite'SeiI By Sig Min i ofA tornty) ' 1 Amanda Lund Pi'i t Natltc f'I'i111 1Vn1nC Attcrn ey -In -Fact Title T•it•te A11eq.t: Attest: Si�nalttt�: } icu+c 'ride Title Note: Pr:ari(le o-evulian by addifi'mint parJie!:,,.sucl) O.V jr),r►1 t tit ?r�rr'c►t4, r� t�crx ?s,�rw ;', t:i1l:I1C:Xil; 66 Jill ull »• __...�_ __._._ _. +h rp�u'nl+ b]• {ho f hl�lnnr 1'e.+niryt ronirit<1 boor l.IIk f lAmq, }Ilrr 114} '1df3 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 02/06 12; Conirmetor and Surety, •joinfly and severally, bind themselves. their heirs, executom, (administrators, Sutcessclrs, and Assigns 16 Owwlier to pay for Irlbot•. Material's, AnCl'Ct}!l`iijiritSrli fitimished by C'la'iriantl fai' use ill Ilse .performance of file ConttrifeL v1'hich is incorpomtod' heroin -by reference. 13. 'ita!ith respect to Owner, void if contr rm.: 13.1 i'roimpily nlsik0s payanerul. dirCL:11y n1° indirGCtly::fgr all sumis.due Clain }slits, (lead 1 .1,2 Wend& iftdmilifies: n41d holds halmless Ou=ner fmm All:6hiirtts; demands, liens, or snits alleging non- payln'ent by Coraractor Ily -any tx0r'san or entity who Furnished labor, nitaiet.ials, 'c•1l• equipllent for use ill 4he• Perforl"Vince i,If the GontlmOt provided OW11c:r has promptly ilotifed Conti {aOor mid Surety (gt the addresses #CSCrII�ecl in Paragraph 12) of ony claims, denn,ands. lions,, or suit~ mid tcltdotcl defense Of-such cliinls, donslnds. liens, or shits to Cotlinictor tied Surrely, rigid providW there is .no ,Owiler:MrAt!lt. 14- Will) re*.m to Clnilnari'Rs, this obligation shnil be .mill and vnid 'if Contractor 'promptly snakes .pny-nncnt, directlyor,in'd1r8Ctly. for 8'il'sums,i;luc. r B% SurelyAoll•ltn'vo no tililigatitltu io'.Clailrinnts Lnnder'tliis fond tivitil: IS. 1 Cleiitnanl5 whoz a emplipygd 'by nr how n direct copil-act 'wit'h Contramer heavC Blvd) floticc 161 Stu'ety (fit• the add si moy. ,tar !adhere+ llleitof;11i'O.8tmer, stating' that a c'1•ainvis hei i !'hide unclq;!•4his-l�ond and. with sulns(�lntial,8ccuracy, Ik.amounb Of Ile 15,2 Cha.hnarits wvlip do not Wpm a (aired. contract wfth.Cv, i1victor: 1, Mew forniOmd vailto ttatico to Contractor and.stm tl.cdpy, rsralct't+re t'Iterleaf, to Ozyaoei`s within 9.0 -days. ufi+er havilig lail. pcefornied labor or East frlrll•ished rinoteriia]'s o!• equipmelli' •111e11ldcd in ti le c %'Brill stitiltg.:t it]i srttattantiail acctrcaoy, tile. Alliiou11t t)f':'thu elnilli..11110 the - inomo;dfxilc par'ty'ro' wvllorn tl }e iliilterials, or equitrment were Atroishcd or sn,leplied: ai- for Wholni fiv •labor 'cols clone or i porforn itO; ;:Ind 2. 11;'lve'1 ilher r eccit %ell a re.0fi in 'irl mvholc or'ih pall from Comet ehm, or not rec+~il+ed wilhin 30 ci:lys qf Oniislling the:abgvc }ltnticp ally, copi'p1miication `Pipit (Contractor .lay wwhiali Contractor hid indicare'd rb& -claim will• bc. pa- id rlil'cctly +tie indirectly; and 3- Vim Its ving been paid 4v'llhiii ibo:above. 30-detys, •have+ sent a wwrittell li(itice Tel �UI'CLy'(84 tl]L`;altldtCSS descri'kletl .inn pnragrap'll 122) slid sett( a copy or notice thereof. io Owacr, :stating Hiatt a claim 1s boiog tnade undei4 this Bond ((lint onctosing a cop), of tare previatn_y writt'nn npt.ice 'furtlished tcl . ContrrlCtor, 16. Ifa notice Iy ri- C.Ioimant rogitired by.Paragraph 4 is prtivided b,1' (WMF to CrnnractOr it t'o Slrrety, [Ilat is 'togicicnt complit(ncc. 17. Wlicn a C ".lalimailt luis spil-Mled 111e (mild tiotls of Paragraph 4, the Surety shall promptly nand ai Suvc:t3i's expense tako 11ne'•follow'ing acl.iojls; 17.1 Send rill pm.,ivor .lo tlim G_ la.irnatlt, with n eclpy to. Ovvncr. within 45 days after reoclpt of the Claim, stating tile. artt(11mts.tllnl i11'L vnd1I;puicd and tile bmghI f(11- 01a1101gillig any anit)unts 11ml are dispuled. 17,2 Niy or arrange foe pt►yrnm,!tli of any undisputed a lliomlls, 18, Surety's lot'nl Obligation Ozill not exceed the amount of flti:; Bond, and the aimotint of lhi4 13ond sh,111 lac aredho2i flea lily ppyuncnt'B nnade, ire good faith by Surely. 19. •Amounts• owed by Owner to Cpmmclar tinder fine• C,ontrry shall be (used i`ot' the perlbi't't mice rl•i' file Contrtlef mid .to mntisf- y clirilrts. il' .1Dy, tilt{iCa° ally .laetfear31n1t 1cC lnolacl, By (= 'ontraurar lii°tlislrilig a;1t1 Owner ibempling, farts Bond. thoy tigree :1:1111 all '.funds .allied by C*Ilt1.1Ctor ill iho perfbrilnrince oft he •cotilvict •lire dcdicoled to satisry 6blig.ltinm orI;;olttrali lot atilt 'Surety under lb in 13S od. srlbicct to Own er "s peiovhyt. rrsc tliC funds for 1110 copiplclitpi Of the wi:,vk. 1'Grla.rri il'6y rate I; n>•inrcr,4 siarliil •['rifll�i'i @r tlea!u,Iihlrl5 C:ubdrlinUh 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 03/06 201 Surcty shriil not ix liflble to Clwrler-, Claimants. oi' otIms (i)r obligations of Coltractol- Nlrat art .unrchited to 111e Contract. Older Mulii Or be Ilinble for im' mcm of ttnv costs or exjx1hsa of wy C h4nlant under tilis Bond, a0d shall have uoilcrthis Bond no obligations to niake pyltments tt►, gave notiecs on belialf o:f or otherwise have olrtigul 'rvilstoClaimants- tinderthis bond. 21. 5tirdy hereby waives nim ice of any change, includilig.elirnigcs of tinle, to the Colitracl ct1' to related sul,coWracts, purc;hosc orders. anal] oth& obligatiomt . ,22. No suit .car action shrill be caminiencod by a Claintiant un4cr Ili-is R, and otlter tlitin in a coma of compcicrit jurisdiction ill tire lociitim in which the VI brk or pa it. of'ihe Work is locotod or after the elpi'rttieril ci.l'olt4' yetir front the Klate .(i) on'm,11 1 1110 C06-imallt gave 'lire nntico r'equirod by'Niragralah 4.1 or Parap,dp'h 4.2.3, on Which the lilk labor' or serVict.. twls licrfbmied by anyone -or laic hilt rnmerials or cquipmctit swore frrrnLs bcd .by anyone tinder thb ,cbnt'ract, wbuichover 017(l) or (2) fi1,14 0celrms. ll' rite' }il'ety i5ivnw of dais p0agra'ph ore void or proliiNitcd by law. the minilltlliM paillod of Pirllityation mil:lble. -to suit-ties as a dcfetlse in -tile j.urisdiofllon of the shit Anil be aplrllcalile. 23, `Notice to. Sglpty, Owner, or Contracto.r Adil •.tie m.0.0 or delivered to ':the addresses shown oil file siirtiattire page. Actual I:eceipt. oi!' .itotibe by Sutr ty, Owner, br. Gohtractoi:, ]totvever •accoir plished, shrill lie Splreient compliance -m o.filte daile .rcedived at f•he.nddr'ess Shotvm on tlic signt<ture page. .24. When this. Bond .hns been fil +Bieber] to .eom ply wit:li a statgtory t'equimmea l in the Io mitioltl where the COMM +ivng -40 1i`ic'15CA6rm d, llrly provision an this l3oind con>ni6fing; With sail] sttitititiry rbquiMment• shrill .lic deemed deleted herefrom Anti provisions cort%rmnlg to .moli :statulory. regeiiremcnt ,droll be [!coned incorporated llrrem; The iment 16 ;drat this Bond slid }] b9c- constrlaed as a sintutary 13bild and .not as a1 wjntaloli lady' bond, 25. Upon request of tiny Person .ctlr etltiiy ;il7petrring to 'bc ri .polcutial beriefleinry of this Bond, Contrarwtor sliall pra mptly furnish a copy ol'tliis De nd or shall per'rn.it a capy'1'0•be 11141.dC. 26. Delinitions 220.1 Claimant: An intlii +itltlll,al or entity 11"MI-1; a diitcl .contract with Contractor? or will] 'a fii'st_ticr sobcoritractor. of Cbntractor., to 'filmisir 1gbor. itisitcriml:s, fir equipnicrn' i'or test` in the por#'oi'mance of the Contract, The .iiaien'I. of -this Bond sllnll be to incip(I.M. without liniitalion ill the terms " 16bor, mattrrials or• ctlitipl7meW that ;Pali of wnl'er; gas, •170 v i.. 1i ht, heal, rail, 84solilic, t'olcphollC. service, or retaM egttipfomit• �uds,ed. in (lie Contmv. arChilceltirlt oyid vigineiCrh1g sorvioes requiter] fc7r' perforr1'1.8noo of tljc korlk GIFCcslltl'£ICtor ttinrl CC11trFlCt4a1''S 5lltbCcln`I:r'at t41`.5, and all other It'eta15:�(ll' VN1i1L'11 it •Itlochonib% licit mity hic ngscriltd in -the jlitisdictinn wlicrc the Itilir,r, ilinterinI'l. of, gliipill.dnl were. 2(),2 Contr'aot, The rigreenicrvl betwcbn Owner find cotitracic�i' identified on the sigrlaltn'c page, hlcludr'r," all Cotlif'taet Doclnnents ilIV! cbmik es t'hcreto. 26-3 (whet lDet nllt: F iilurc or Owner, ivhich 11as, neither been remedied nor waived, to pay Contractor ris required by the 'C.nnti-nal, or to Perfornl and compleic or otherwise comply wilh the other tems thereof r =rlrt•rtal t)11tt1tA`N'll'C1N ' t71ti1.1 — {Tr�n+(!N:rllNri�r� mid 7ele hn+ie) f� ��. l: dl: aif:N6.C- lifFPirwnrull�narir.. r'rer:urrial:hq rlm•ti.n�tnhcra bolo] F:eirir•rcl taurnrrtrrns �r:nmmalrcr. Ihrpr t et _3 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 05/06 PERFORMANCER.OND Afiv sin-galar reference to ('011tfaCtOr, SUret.% OW11cr. or O.A.Itcr plifty shall be considered I *11-41 W-11ditapplicable, CONTRAIC' t (Nome -apycuddltvm): .. 1� . R SUKATY (Neune, and-AcIdties.t qf NkftTftd.S&n&*. Inm v4don N&OW mew kOw&wc=ww 9MO!Fa" Dr. SM Wast 7ft Sk "WW'MNSSM F N ®. MN 55M OWN Lill .(yqipa and Aden wLvs): CRY of O*Hwa Hekft 637 381h Ave. NE Columbia Heights, .MN 55421 CONTRACT EiTeefive.Dawof Agm9movit., 1.211-2/2017 Amount, $6800 Dcwipji ' ot ' 1.01 ntowe. a.d.Lq.ce;1Um)): Reriloye'l of Trees/ftfnps ir) the City of Columbia Heights. BOND Amid Number 28203 Dade (Nby.ear.liqrffiapgff c ple pf .4A"-pmL,nF): IVIV261T c . 14r�1#�ttihts ,$80,650 Mod.f(iqg.fiots to.dijk Sond. Form: Su'viYond Qonfmctor, 1Ot1Wihgb-,) be lcgf Ily .hound the �icrms.-w fW. h,helow, do each cause CONTRACTOR AS Nick's Tree Service, lho. 11) —(So, comb-nCtOA RO—IA— and OomoratL se'd ny. Anai: PriT N Re ftpmtwe Title A,; sunX 'ry We6tern National Mutual Insurance Company 11) By: 116me. Amanda Lund plik'Na-me Attorney4n-Fact 1, 7.ij le A(Icst'* Mom: .Pr uvitle e.yevi4tion such av,john Thic . . . . ......... . P1,4111,11 red'U.N. -I Oil 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 06/06 Ciyntr'actor and Surety, Jointly andl scycrally, bind themselves, tilair heirs. executors, administrators. successor$, and asSigns to Qnvricr for the perti;artnanaa ol'tllc Goniract, which is lriccyt Partrtetl herein by rct'crcricc, I , IT C'0111roctor performs the C.4- 1niract, SLIMly nlid Cotyt'r.'iclor halve no 0111IRatir,rl trndt r Ibis 13nttei. Cxt srpt tp participate in coil fcrclle. s i13 prty \�IClcd i1i,'ParagrFtph 2.I, 2. )fihet�c' is na`(h� +rner l efattlt, :Surely_'; ohligtltityn undor this Rand Sh'all Arise 0tr: 2,1 bu'ncr has nrAificd emirector And Sllltty it the tidaresscS &c i; ibcd in Paragraph 9 below, that Owners coinidcring dmI,1ring. a Contractor Defallh .Ind hats rcgttcstcii still at #t >tinlstcd to arrange .a con reiice ►+�itln Cr vtraeior aitd Surety to be Mid not later ihnn 15 ditys aher receipt of shell ilt)h .itr discuss methods of perrW- niliig the Contract" if Owner. Contractor, and Smtt y agree. Colgractc:r be allrnvctl n rt =tlsntiaitlq; llne to perform rite Cor Shall t, rcc►siS titii tivaive i�rl�es,'c right: ifamy; stib..sequently to declare a Contractor l .f at! and 2.2 Owner has declared a Contractor Defrrtikt :ind i'orinally teriiiintttcd Contractor's right to complete the Contract. Such Coiifraettar DetAult sT MI not be dcclm -ed earlier limn 20 clays nftcr Contractor And Surety Ove receivcd notilm -m pi ovided_ib Paragraph:2.1; artd 23 Owner has agreed to paylile 13:ylrrrlcC of tlic CotitracOrIce to: I . Stircty� in aernrdincc ,+ ith the tcrni5 of t3ie C.oiytraCl; or ?. A' notlicrCOntract( yP: elCr"; eri' pr, trsnalru' toParagpaph3 "3to:petforn,theCoiltrSxct. 3 When.Otkrner has, satisfied tlle-condifiolls of i Al gltlph 2; S'urety.sllall t�rani,iytly, and Frt, Sut>rtv's c epense, take,oile of the f6ilowing fictions: 311 Arron1 e ibr. CcliliT01or. Willi 00Itse111' 0f 0%'vticr,10 .Perform and complelc tile Colitl..Act; trr 3,2 [Jtrtierlliake to perform ania comliT is the Ctnithact itself, tlirtytt h its a nits or tlirottgln ihciep.enilel:t Contractors: or 3.3 Obtain'Nda br acpaitcd pr>iposttls from gpalificd contrset�rts -:tsat ept:t3yle to t�vi•ner for n eanlracr tni' owlter, Alld and t~omplc on of`tltc Contract.- arrange for n cantrnct to 1yc prCP_1Vrad f0r.t:xeetltioty b� wrier; and ,coritract+ot smlccte l %VA OwITCO".4 colt on-nci; to :one secured Whit vet forittttitec and pay3iient livirds executed >.y. sltia111ied snret)' egtfiv;zlc1l1 to the bonds issued On tile- Cotitraet. and pAy #o tiwher the AiiiDubt of es Its .desetibi d in .Rarpg.ra?1l 5 in ex0Css. of -the Daltsnee of,the Contract Price incturecl byf}tivncr resrtlring frcy,ti Ci}nirtictor T]¢fanit; ayr 1,4 i4'ttiue i[a ri lit to per1"isrrn. and ctsmplctc, irrmoge for completibil, .or-nlatain.;1 svciv contractor, artcl with masonable prt�mpiness under tale eirctnnsttinces: I. After ihvesligaticaij di t i -mine the Mount 'for which -it ilia), be liable to Owner h't1d, raS soL1.il ;ts practicable aftcl tllc �m mmowt is deterininc8. tendor paytyyerit tlitrelbi, In O�vincr ;.or 2. bevy liability in Whole Of- ill part and tyotify Owner tilting rcaSCtrrs tlyercfat. 4. If Surety sloes no ; .proceed as p gwided iii Paia graph 3 with rmc ,Vmblc promptness. Surely Shall he decilied to he ill default oil this Roll l 15 dtlys Act, receipt of ;in additional wrili+r«tF noire ,iitrtn t).wtier try Surely demanding that Sumly perliyrm its olilig.7tintlS i+ndel' this Bond. Fund Owner shall lie entilJcci to enforce any remedy nVailable to Owner. If Surey-- procccds as provirtcd ini p'arngraph 3.4, mid Ownrer'refitses the payniciet iendemd or Surety lies defiled liability. in whole or in part, without fulther notice Owner sliall be entitled to enhtrcc my minedy amilabie to. Owner. ' 5. A. er Owner lips tetlnitnslcd Ctantrnalor's right to compilcte the Cntvti'ar.t, :1Frtl if Stlrcty elects to net tinder Parngrnpill 3.1-1-2. or 33 above, Ilium the msponsilyihiies ot'Strrety m O- Wilcr shall not:bp' greater ihali throe Fit' nntttttfor UsIder tine Cnntrlict, anti the respctnailhilit es of0%yrior to a5urcty.s11,111 ntst be greater than those; nl' 0*nier tinder five t onit:rct• -1,0 the limit e,filic lniarnt t+fiilis T3ood. l�nr 5r�lsic�ct to ccnin�itltietit fy t?rvrter of tlye dupinc t.of "the Crsrifi'.�ci f' "rtes to tiiiti ttitiii or costs ntltt clalnagcS ail the Conn;*. Surety is o €yli tied ivithcrnt dtvirlicalitan t{yt: 5.1 'I'iii: I,-cslycyilsidriIifies of C0111 "aCt'(11' tier eaa'rcctinii of defcctive Work Ind cottlpletic?n-of the C:oatr lct VICOC S41. (•f ld'i'r� Jarnlnlero• Itq.nd Prrpsrr +'•U � i }� rbr. 'r(�rr;lneery Arihtl (:dA�l r11er 4lnr:miicnr+ r " :bmrlrfru�r 12/26/2017 10:19 3206933452 PIERCE AGENCY INC PAGE 04/06 9 ,n 'w1�iRli'�iRi1DNk4. F r,•.._ V " M 1.,' - r" - ... 'r �, irnun�wcr y� y Ty� y ` ��!.!. NO WALL MEN BY 'THESE PR 'lHNY.5; What ftstdmr Natlor.1al Mutval �Irnaurarftll6 MM619 tnufual .lnSUrande cornpanyi idoo rliAke COrastrtutB;and apps nt, �Canti 9 Plerce =Trop ! Alk:[isan, S }9OBh R Prp n9kf 'uFe11g4is R $C1 }NpA bYrIpi1Ga P. Lund, Sdndm,R!usmrr9 Tkrtarhy G1, PitlTCe, $t4Qk9 Kf&fn�r it ., "i• a i'xv I� ,;. �' ar' •t��l1l-.II 1 t truedial ora�ry i act Vnty ;full povrx and1tlsa±ty for grid orlbeha3f theiigty as 5uraty?'te xeo1 ari xlelr ' taleieaC: �f7itte '��arrSpariy.!#feiatb" {lf. r sl I �u;r l )ban �� ih err lr s r�b8gnlzar� es or c r:,w60h oblfggii6Ai ih'fl�a ra�tur "iherea,,`(atw ®r.'.' lhgYi; bail iisstatls, bank c#eprp8#li�ry b6rrdb; rrYOri igo do,,oPenC�j Ber+dB FrrCrtgagi� guararit�r Bonds, gua'r�intaes aC, irrs#allmnnt fZdl�r and '. t7ale goararity Bands, s 1P 9tt's ftauiire worTters. pilampensation bands guarantaelreg payrrr n #' o .fsbnafits, hai" O' ug waste Y trti&dia lliUfrt 66ii s ar blae 'k °1r�ng,hondsj,'as:{�Ikiias: Ali waken in+'truments inan'mcunt not 4 excyed an aggregate of '_ n fb� � Five Millib 0611MO OOCt 4#10 4 .. singl�obllgation rFtgafdrhss,ti�fttae�t yule `sb9a:n'Ftnstrvn,��rhts:issubrl fbr;tt�l3,o�llg�rll�i� I • , . ... , aY1Gi to.bind Western I+i fion3f M1it ei rnSuT�nC✓ b perry therAlsir; acid alt'of (he acisyof -said Aitaarrlayg -fn act,,pursua4tt to these pry 118 ratif ead.snd confirmed, Fries apointmen� is rrlAtla ut�tle> a rld ,lsy autlro ty lef tai bta Y f•Fthe koi at a meet ny hold i�rt Bptettil3er 28.2Cf ii l FdW#iY of Attorney is sigrfed end coaled d acs�lrlild 1fntlia�' iid by ft relutiro7(ity tt# #h� fgllaVpfitg resal ilidrls a�tipted; by 11te ieclerd of diri?�rs of Western Ngtiat#al:fy #taft'raxurariY Conertjr ofti 5>4 #erhlser'yt�1f7:; r' Rsr i 41 t l th J idfjn rly, vlotrpC t3it tr#, of a9 hate 'v t;g" s tt fld ' ern with #f1�.apCtd#ary bs`a assfstaht feCary.'6 rtia�i ` t1�a irti ' ;f ct nr hts w� •ar�tho �$ r li a In r�r ev #dencirig jt a o}i �f. , i'�a� d� a of "tltb party td: fat ntf d n , 'iref e Coixi?'anyit0 bands dntl rkdl>E;;1gs, gni ri,cob stln3 hip ot}ligi tiaras i+f;alI kinds:, add 901 Gi cess may,remove anji rush. orn y- in -ffibt agont dhef revolve anq F _vir�rof Attismay prt3i OIDUS.1�7 grsnted to surer oersvd:. ,' Ft�6bLV D Ft1R� HER1hst aTtj1 b�i11 t, r]riP# staking; seCaghiiance oltaut� is ilp o651lgatiDnrshall tm Valid'vi bitl r apoY :th rnpeny J -*S n signad by the:p'req eri a ,.v#[a resident br •sssistaint .vice t"180nt and ettes ed and.se2led {if a.ateai ba fequ +r #j aft sasret2ry ar., ass l5tahf- S�Cre�lrj�,k�r president n Oi) wwtr n signdd_by ll�,pt*srr�eh#k anVVlc.:pres,tlent o7 a "tbht Glce prar5tdt lt, sebr tary or essi tantsedre try aritf caui'iEersigrrled Cld ' sakdi �,ra "98ff1 �ijulred #y" duly �trathcNzed,r#d$y�I�r tits arbr ^^ i (III when dory execute xt 9'66166 {rf a shat be neg3r11+i�dl BY, oho•or dtom, brneyg in =tAdC of a�onts pursu�nt t and wlltlftt4lte 4h l#§ rif tF1e'sutharity.evldl'encei by tlielpdUu9r c ?Attorney xssdad by the CbiWOra tv such `ppr5an r�r persdns: R:$OLVED FURTH!*f .ttiaF�tae sighature, '. ar+x &fist DIKZe84,'dll3 hd fFse tsf th6166moany =mhy l�a:a Ned-by _f ' ilki to &Ing Pewrer .. of J#tCOkrti r or dsrti�fvn. tereaf. aottY0 iher= Oxeou# M end dr flveay a aYl i atfd, underfalortg rdrogl�W3M:g. ar +ottret svreC sM bbtrgebafts of fhb- ri x and'suck, Sipe re a�cl aeai wti�n sa usasl eRl �rrt> foYco ant3'.o fecsl r�ts rr�arl > ed l ��,N Vj,VIIZ w yy f t yrnn stet a l �i ett�a ►1s��rr race Casfrp, , i' res n to to � ,•'''r!I•.Gxar'p8f' J7i�i i• i,n !1 si'' '} .. �t'F �'5I• +'lei r� 1,�4 �l ° - " 1 � .I° � k s� {gyp- .i'4i�4 + � • .. ,•, tr f'F r'.n Y ,fi ,�• .IF. '�* ;iiy^ �' r Jorr.t�. Hobbl$M SeoCftry 4`,L� fifE :',�• Larry A f yar5, 5r Vice President i , . STAYS 'QPMINNESS#�A.CgtfNTYOf'l7AKOTa it Y ,:• ' I a ;an this '18th day of acemtle�r t a p atilt tt reme b Fore me, Jon �R. ff641s.e1i and Larry A Byers arld'i3p:rha Mndwn tca be the ¢ indiVldualsend ill 5 ofthe,IW erh Nail radl Mute 1 Insurer a�r. Omps ;ini di � 'd t�I SuB imstivment, acid f, yle Q I riO+ Il k tl the eir6cutloh. t! , aiitl' bail` I • me dUiyiawprFT� rd se 71 Idrsprf ri l+ey A,e'sbi t�filcers fat „l!cdtr'�fuofai,. and a Y r f ihaC i1 sea la the 81 Va IRStrLltrlatt# �s tl,e'se&I of th ei rdtb.' nP t ai'sai arpar�l{ 't aai:atad #ta r ac l r��ss'' is �I+�ars were. duly A#R69's3tid`Suk sGrrbad; t8 the slid insirunrent by ilia aut±� irity:vif•1ha ticdrd of direCtbrs of aid;ctsrptiraGtsrf; JENNIFER AVbi h'dYitAi"IltitlC NtfflP, hl1' tlllFxlsf8 8'IQfl t �. dennifar A YoUrig f�lotar�r PtrbhC. h �, f�fy_cfartrmisslosi,escplres -#a ue'1 c�7i�rc�,re •. ,: ,,. [,the underslgnsd; assistant sscrifary ofthe;lNesttiil: tylslsvnal Mutua! insurar4te C sny, a linnesola corpocatrrin C at aln end attached Po�++er of Attorney rornAins in fu11 force end has not -hderl rg+roked:• and itfie k�arm'tiianho Resufiitfans of lH f, t fr€rth. imth& r'�awer df Attorney, are rldw Jn fofce, aI' C ;Ijy :+ b x r l �'� ® R & i IU�I.I�� li J 1 R, •. r ly�r °'" ' J • h � I °Signed grid §oal+eGl`r�k:lh¢ Clty af'l:d>ltir3 �+lN this1�ay of �,� &r'�`� 7 rag, A , . JHnnlfer A YtSlr SSi3tant Sac •�� ,� i , EXHIBIT A 2016 -2716 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Columbia Heights ( "Owner ") and Nick's Tree Service Owner and Contractor hereby agree as follows: ( "Contractor ") 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, of which the Work under the Contract Documents is a part, is generally described as follows: Removal of Trees & Stumps, Trees Only or Stumps Only 2016-2017 ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by the CITY OF COLUMBIA HEIGHTS ENGINEERING DEPARTMENT (ENGINEER). 3.02 The ENGINEER 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. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence 4.02 Contract Times: Dates A. The Work will be substantially completed on or before December 31, 20161 December 31, 2017 , and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 31, 2016 I December 31, 2017 . 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. 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 EJCDC" C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 250.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 250.00 for each day that expires after such time until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as Exhibit A. As provided in paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the Engineer as provided in paragraph 9.09 of the General Conditions. Unit prices have been computed as provided in paragraph 13.03 of the General Conditions. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. Not used; and b. Not used gCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06, ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 6 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no 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. 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. H. 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. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, J . Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Other bonds. a. _ (pages _ to ___, inclusive). 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 00700 -50 to 00700 -58, 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. Contractor's Bid (pages 10 to 17, inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Change Orders. c. Field Orders. 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 the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 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 A. Unless expressly agreed to elsewhere in the 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, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Soclety of Clvll Engineers. All rights reserved. Page 4 of 6 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 Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract 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 with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDV C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, ­4 A.neriren P.— S of F IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on April 11, 2016 (which is the Effective Date of the Contract). OWNER: CO City of Columb' eights By: f By: Title: Mayor / Title: By: — r' rl-es! Z'V,' -�- 0 Title: City Manager Attest: 46 atLt xo Title: Address for giving notices: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 (f Contractor a corporabon, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: (where applicable) ElCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6