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CITY OF MUSl<EGON PLANNING DEPARTMENT TREE REMOVAL CONTRACT AGREEMENT AGREEMENT made this 12th day of March, 2024 between City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, hereinafter called "City", and Monarch Tree Services hereinafter called "Contractor". WITNESSETH, that the Contractor and the City for the considerations stated herein mutually agree as follows: STATEMENT OF WORK. To fell and remove several trees from nine residential lots where the City will be constructing homes. The trees must be felled and left with a two-foot stump. Contractor will not be responsible for removing the stumps. Contractor will be responsible for the removal and disposal of felled trees from the sites. All trees must be felled and removed from each site by April 15. Project Location and Specifics There are nine separate parcels of land with various trees that need to be removed. All lots are owned by the City of Muskegon. Trees for removal have been marked with an orange X. Some trees are individually marked and others are marked as a cluster. The Contractor has identified these on their bid. The lots include: 466 Erickson 486 Erickson 1172 Marquette 1243 Marquette 1311 Marquette 1357 Marquette 1328 James 1554 Marcoux 509 Octavius General Conditions 4. The Contractor must commence work within ten {10) days after the issuance of the Proceed Order. Extensions of this time period must be approved in writing by the City. Failure to begin work within said specified period without an approved extension may result in an award of the contract to the next lowest qualified bidder. 5. The Contractor must satisfactorily complete the work by April 15, 2024. In the event of failure to complete work within said specified period without an approved extension, the City of Muskegon, reserves the right to withhold sufficient funds from final payment to retain another contractor for satisfactory completion of work to be performed. Inexcusable and unapproved delays in completion may result in per diem surcharges against the Contractor, to be deducted from final payment, in the amount of $100 per day. 6. The Contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and services and perform and complete all work in an efficient and workmanlike manner. 7. A. The Contractor shall be paid the contract price in one lump sum payment after work is satisfactorily completed. B. Final Payment on this Contract shall be made only after final inspection and acceptance of all work performed by the Contractor and/or his subcontractors. 8. The Contractor shall: A. Furnish evidence of comprehensive public liability insurance coverage protecting the City of Muskegon (listed as named insured on the policy as well), the Contractor and any subcontractor performing work covered by the Contract from any and all claims which may arise from the performance, inspection, or acceptance of the work covered by this Contract whether such claims arise as a result of the alleged act or omission of the City of Muskegon, the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The amounts of insurance shall be as follows: Bodily Injury, Including Death Each Person $50,000.00 Each Accident $100,000.00 Property Damage Each Accident $25,000.00 Aggregate $50,000.00 Proof of such insurance coverage shall be evidenced by submitting a certificate of insurance to the City of Muskegon Planning Department. The Contractor shall also provide satisfactory evidence of Worker's Compensation for himself and for his subcontractors. B. Obtain and pay for all applicable permits and licenses necessary for the completion and execution of the work and labor to be performed. C. Perform all work in conformance with applicable ordinances and code requirements whether or not covered by the proposal and specifications for the work. D. Keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor. 9. Further provisions as applicable to this instrument are described below by general subject and attachment designation and are a part of this instrument. (For example: the identities, addresses and specific trades of all subcontractors) 10. The undersigned Contractor offers to do the tree removal work specified in the Contractors' Bid and Proposal, attachment hereto and made a part thereof, on the aforementioned addresses, for the compensation itemized in said Bid and Proposal: With tota I for entire project of ,,;,,$_-=2=3"--',5::....:6=-=2=.S=-O::;.__ _ _ _---=- CITY: CONTRACTOR: CITY OF MUSl(EGON MONARCH TREE SERVICES By~~ Name: Ken Joh no~"--= Title: Mayor Name: Patric Morren Dated: MDA.dJ I 9(cOJ.t./- Dated: - 3/6/24 ------- By~ " ~ ~ Name: Ann Marie Meisch Title: City Clerk Dated: VY\ ClA-4.J 9, "JOct1{
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