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HomeMy WebLinkAboutB & B Lawn Care-2018 WWTP & Lift Stations MowingCITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES CONTRACT for 2018 WWTP & LIFT STATIONS MOWING This Contract for Wastewater Treatment Plant (WWTP) & Lift Stations mowing is made and entered into on April 24,2018, by and between the City of Waterloo, Iowa (the "City"), and B & B Lawn Care Inc. (the "Contractor"). 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a. The Contractor will remove all litter, garbage, or junk on WWTP or lift station lots and/or properties that would cause the Contractor not to be able to fulfill the obligation of weed/grass mowing. The Contractor is required to dispose of all garbage, litter or junk removed from said properties at the contractors cost. b. Contractors will abide by ordinance sections a. 7-1-2F Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor Lift Stations Mowing - Page 1 of 4 c. Contractors shall bag all weeds/grass taller than 12" at lift stations and dispose of the rubbish properly. Disposal can be done at the City Yard Waste Site located at 2749 Independence Ave., Waterloo, Iowa. d. Contractors are not to mow or trim any flowers or gardens unless specified by Waste Management Services. e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys. f. In the event Waste Management Services finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. g. Contractor shall remove all volunteer vines, brush, or trees along any fence. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or Lift Stations Mowing - Page 2 of 4 to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City: Contractor: City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk B & B Lawn Care Inc. 124 Center Street Waterloo, IA 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto. Lift Stations Mowing - Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this Contract for 2018 WWTP & Lift Stations Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Mayor CONTRACTOR Name of Contractor By: 6br 4 .)1GL u. s Title: Pres, ev-i-J Lift Stations Mowing - Page 4 of 4 FB -9186 (9/92) PERFORMANCE BOND StateFarm 0 C -C) STATE FARM FIRE AND CASUALTY COMPANY BLOOMINGTON, ILLINOIS Bond No.: 95 BA G764 0 State Farm Fire and Casualty Company 2702 Ireland Grove Road, 2E Bloomington, IL 61709-0001 KNOW ALL PERSONS BY THESE PRESENTS, That B & B LAWN CARE (hereinafter, "Principal"), as Principal, and STATE FARM FIRE AND CASUALTY COMPANY, a corporation organized under the laws of State of Illinois, with its Home Office in the city of Bloomington, Illinois (hereinafter, "Surety"), as Surety, are held and firmly bound unto CITY OF WATERLOO (hereinafter, "Owner" or "Obligee") in the sum of TWENTY THOUSAND AND NO CENTS Dollars ($ 20, 000.00 ), to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract dated the 1 �v4L 1-4-J 1J , with the Owner or Obligee for MOWING VARIOUS PROPERTIES AT CITY DIRECTION day of. , in accordance with drawings and specifications prepared by CITY ENGINEER which contract is incorporated herein by reference. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform said contract, then this obligation to be void; otherwise to remain in full force and effect subject to the following conditions: 1. Whenever the Principal shall be, and declared by Owner to. be, in default under said contract, the Owner having fully performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: a. Complete the contract in accordance with its terms and conditions, or FB -9186 (CONTINUED ON REVERSE SIDE) 1005838 127213.2 06-26-2014 (9/92) b. Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between the bidder and the Owner, and make available as the work progresses (even though there may be a default or series of defaults under the contract arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, but not exceeding the amount set forth above in the first paragraph hereof. "Balance of the contract price", as used herein means: the total amount payable by Owner to Principal under the contract and any amendments thereto, less the amounts properly paid by Owner to Principal. No right of action shall accrue on this bond to or for the use of any party other than Owner named herein, its heirs, executors, administrators or successors. 3. No suit or action shall be commenced hereunder after the expiration of two (2) years following the date on which the Principal ceased work on said contract. SIGNED, SEALED AND DATED this 15TH �\ Witness day of APRIL 2018 Principal B & B LAWN CARE ByX Its By Its: Surety RE AND CASUALTY COMPANY ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS County of MCLEAN ss. I, HEIDI J. STEVENS , in and for said county in the state aforesaid, do hereby certify that PERRY TRACY Attorney -in -Fact of STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as Attorney -in -Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her and State Farm Fire and Casualty Company's free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this 26TH day of MARCH My Commission Expires MARCH 12 12021 Month Year Notary Signature Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY \ KNOW ALL PERSONS BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, with its principal office in Bloomington, Illinois, does hereby constitute and appoint: Eugina Brant, Amanda J. Clifton, Pamela Chancellor, Julie Fehrman, Kim Filter, Mark Fink, Julie Freed, Matthew J. Gibbons, Jay W. Hendren, John R. Horton, Jeanette Hughes, Jerry Jacek, Susan K. Johnson, Connie S. Knox, Leann Lemmel, Christine Macdonnell, Lori McDowell, Thomas P. Miller, Melissa L. Morris, Vicki Redman, Suzanne M. Robertson, Alice Schuler, Heidi Simmons, Heidi Stevens, Steven M. Straub, Perry Tracy, Kathy J. Walker, Karen Weber, Karli Yoder of Bloomington, Illinois its true and lawful Attorney(s)-in-Fact, to make, execute. seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in the nature; of a bond as follows: Any such obligation in any amount This appointment is made under and by the authority of a resolution which was passed by the Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 511' day of September, 2017, as is duly authorized by the Board of Directors in Article II, Section 6 of the By -Laws of the Company, which resolution is: Resolved, that the Officer of the Company who works regularly with surety bonds is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -in -Fact to execute an behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory, in the nature of a bond, which the Company might execute through its officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged; by the regularly elected or appointed officers of the Company. Any Attorney -in -Fact, so appointed, may be removed for good cause and the: authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of any Officer of the Company noted above and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the any Officer of the Company noted above, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be, valid and binding on the Company. Any:such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF_, STATE FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed by its Assistant Secretary Treasurer, and 'its Corporate Seal to be affixed this 51h day of September, 2017. This APPOINTMENT SHALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31, 2021, UNLESS SOONER REVOKED AS PROVIDED. STATE OF ILLINOIS COUNTY OF McLEAN On this 5'h day of September, 2017, before me personally came John R. Horton to me known, who being duly sworn, did depose and say that he. is Assistant Secretary Treasurer of STATE FARM FIRE AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corporation by authority of his office under the By -Laws of said corporation. _ _ � �hF Let n 1 Notary Public My commission expires August 30, 2021 STATE FARM FIRE AND CASUALTY COMPANY ! / By: John . Fj6rton - Assistant Secretary Tfeasur-ri -1- OFFICIAL SEAL Ninths Crnnctil« NOTARY PAWL • STATE Of UiN91S MyCmrtam Etfen N+,7uv 30,2721 CERTIFICATE I, the undersigned Assistant Secretary Treasurer of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. 11,Ar,^, Signed and sealed at Bloomington, Illinois. Dated this f t_ CY1 day of If you have a question concerning the validity of this Power of Attorney, call (309) 766-2090. FB6-9043.54A (09-05-2017) Susan K. Johnson A sistant Treasurer Printed in U.S.A.