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Downtown Tree Removal CONTRACT SALINA - DOWN TOWN TREE REMOVAUREPLACEMENT PROJECT 07- 2642 THIS AGREEMENT, made and entered into this 6th day of MARCH 2007 ,by and between the City of Salina, Kansas a municipal corporation, First Party, hereinafter referred to as the "Owner" and SALINA TREE INC. Second Party, hereinafter referred to as the "Contractor." WITNESSETH: ARTICLE 1. It is hereby mutually agreed that for and in consideration of the sum or sums to be paid the Contractor by the Owner, as set forth in the accepted Proposal and in accordance with the provisions of the "Contract Documents," the said Contractor shall furnish all labor, equipment, accessories and material and shall perform all work necessary to construct and complete the improvements in a good, substantial and workmanlike manner; ready for use and in strict accordance with the contract drawings and specifications, as approved and filed pursuant to law in the office of the legal representative of the Owner. ARTICLE 2. It is hereby further agreed that in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the sum of $16.238, by reason of said faithful performance of the work, in accordance with the provisions of the "Contract Documents," and as set forth in the proposal as accepted by the Owner. ARTICLE 3. It is hereby further agreed that at the completion of the work and its . acceptance by the Owner, all sums due the Contractor by reason of his faithful completion of the work; taking into consideration additions to or deductions from the contract price by reason of alterations or modifications of the original contract, or by reason of "Force Account" work authorized under the contract in accordance with provisions of the "Contract Documents;" will be paid the Contractor by the Owner within 30 days after said completion and acceptance. ARTICLE 4. It is hereby further agreed that the words "he" or "him" wherever used herein as referring to the Contractor shall be deemed to refer to said Contractor whether a corporation, partnership, or individual; and this contract and all covenants and agreements thereof shall be binding upon and for the benefit of the heirs, executors, administrators, successors and assigns of said Contractor. C-1 ARTICLE 5. It is hereby further agreed that any reference herein to the "Contract" shall include all contract documents as specifically set out in the "Information for Bidders," and thereby made a part of this agreement to the same extent as if set out at length herein. ARTICLE 6. It is hereby further agreed that the undersigned anticipates that materials and equipment will be on hand at the site in sufficient quantities to commence construction on MARCH 6TH ,2007 ; and the completion of the construction, ready for acceptance will require 56 calendar days. IN WITNESSETH WHEREOF, the First Party and the Second Party, respectively, have caused this agreement to be duly executed in triplicate the day and year first herein written, all copies of which to all intents and purposes shall be considered the original. CONTRACTOR, SECOND PARTY SALINA TREE INC. . BY' ~~~~~ 'Y / (;;;h:,;T'.,k'7/-;/" (Office or position of signer) Seal - if Contractor be a corporation OWNER, FIRST PARTY THE CITY OF SALINA, KANSAS BY:V",:, Q 11.- MAYOR Arte>t ~ ~/ CITY CLERK C-2