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HomeMy WebLinkAboutP & J Operations Code Enforcement Fy 23 Complaint mowing with snow removal contract-04.18.2022CITY OF WATERLOO, IOWA CODE ENFORCEMENT DEPARTMENT CONTRACT for FY 2023 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL This Contract for Complaint mowing and Snow removal (the `-Contract") is made and entered into on April 18, 2022, by and between the City ofWaterloo, Iowa (the .*City"), and P & J Operations L_ C (the "Contractor''). _ The Contractor shall furnish all supervision., technical personnel, la.bnr, materials,. supplies and equipment to perform all work required for the Contract work as described in the Specifications, 2. The Contract i?ocuments shall consist °E the following.: a. This Contract le 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 D j umcnts and are all fully incorporated as a part of this Contract as if attaelted to this Contract or set forth in full herein. In the event of any eonllict 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 twenty-four (24) hours after the City issues a' Notice to Proceed' and to evmplete the work within the given scarfsframe. 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 junb on vacant lots and/or vacant properties that would be cause the Contractor not to be: able to fulfill the obligation of weedigrass or snow removal at their own cost. b) Contractors will abide by ordinance sections a. 7- I -2R(1) Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the Street, it shall he removed by the Contractor_ b. 7-1.2F Contractors will not be permitted to blow weed, `grass onto or across any street or alley_ In the event woedsigrass is transferred into the street it shrill be removed by the Contractor e) Contractors shall bag all weeds/grams taller than 12" in residential areas and dispose of the rubbish properly. Ilisprl can be done at the City of Waterloo Yard Waste Site located at 2749 lIndepenttenee Ave., Waterloo, Iowa. a. No branches may exceed two and one-half inches (2 Iii") in diameter and three and one-half feet (3 W) in length. b. No lobs or full sized trees. FY 1123 COM}'1 A NT MOWING Will COMPLAINT SNOW a F.MOVAI, CONTRACT -- rap c. Must provide proof of identification upon arrival at the yard waste site. List of employes identification most be pre -approved and on file with ithe Code Enforcement department before dropping oft c#- Vard waste drop off may only be utilized Monday through Friday, no exceptions. d) All loads being transported on city streets must be covered and contained. Ordinance 4-3A-4. e) Contractors are not to mow or trim, any flowers or gardens unless specified by the Code Enforcement Department. f) Contractors will trim around all trees, telephone poles, fences, structures, curbs acid on the backside of alleys. gj Contractors must have a camera that will time stamp and date photos, Photos must be taken of the property before work begins and when the work is finished. h) Contractors will be provided with a yardstick that must be used to measure the length of the grass in each set of photos taken while at a property, ij Referrals may only be completed between 6:00am — j) The City of Waterloo will not be obligated to pay the full amount for referral work ivheu all necessary photos required by the Contractor have not been turned into our office_ k) In the event the Code Enforcement Department finds that the Contractor did not ful fill its obligation, the Contractor will be required to go back to the property at no additional cast to the city or owner of the property_ _ I) During snow removal, the sidewalks will he cleared the width of the sidewalk and to the concrete unless ice prcvcals such removal. In the event the ice is unable to he removed the Contractor will be required to lay down sand, salt, or a mixture of both_ in) Charges for sand, salt or both will be determined by following: The owner shall be charged $15 for any amount of salt that. needs to be used to assist in the removal of ice from the sidewalk per nesidenee- If the property is located on a corner lot the owner or the property shall be charged S3G for any amount of salt that steeds to be used 10 assist in the removal of ice from the sidewalk provided that iee removal is needed on both sidewalks. Prior approval is required in the: event you feel additional salt is necessarv- nj Contractor shall remove all involuntary vines, brush, Or trees along any fence and the portion of property to the alley when referral is given by the Code Enforcement Department. o) `Fhe owner shall be charged one amount of 15 minutes travel time in addition to all other fees applied per refen-al. p) Completed referrals must be turned into our office every two (2) weeks with paperwork and photos for review. q) Any completed referral paperwork turned in after fourtyf-five (45) days will he subject to non- payment. r) Properties found in compliance upon arrival of contractor, will not result in additional -charges to the City -of Waterloo from the Contractor_ s) Unless prior approval has been Riven, the City of -Waterloo will only be obligated to pay for the work of two people per referral. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo 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, hisses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in •conneetion with the eels or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be res-ponsible 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 !`Y 21) i COMPLAINT MOW 1NC,3 yam L MVI: AFNT SNOW RI MO"Al CONTRACT - Rage 2 having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereaanrkr 7. The Contractor shall have no cause of action against the City on account ofdelays and prosecution of work, bet 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. li. The City. at its sole discretion and without waiving any claitnas 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 e claim will be filed, or other reasonable cause_ 9. In the event that Contractor defaults in the perforrrrancc tar obse.r lance 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 corrrpensated for all Jiocessary 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 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 Iarer 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' advanee written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 19. Because time is of great importance when completing referral work., the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in lbr them for any planned time off. 13. 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 City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Contractor P & J Operations L_L.0 21 19 City View St Water1o0. Iowa 50707 Deliver), of notice shall be deemed to oecur (i) on the date of delivery when delivered in person, •ur (ii) three (3) business days following the date ofdeposit if mailed as slated above_ 14. Nothing in this Contract shalt, or shall be d +rued 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 tiny other person. Contractor is an independent Contractor_ FY?Q2:icoMPLA[NTMOW7rf(iWITH COMPLAINT SNOW [2F.MOVALCONTRAcr Pat!c 15. This Contract shall he binding upon and inure to the benefit of the parties and the respective sLrccessOrS and assigns of each. 16, in the event any provision of this Contract is held invalid, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not he 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 IA:ritten, but that by limiting such provision it would become val id, legal, and enforceable, then such provision shall be deerrre'd to be written arid .shall be construed and enforced as so limited. 17. This Contract, together with the Contract Dacuri,ierats, constilutes 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. l 8, 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 cornpletion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto IIti WITNESS WHEREOF, the parties have executed this Contract. for Complaint Mowing and Snow Removal by their duly authorized repnesent.ativ°es as of the date first set forth above. CITY OF WATERLOO, IOWA QLfeniin My -or Trey Fe(cI T Wftb RGNal City Clerk CONTRACTOR P & J Operations Name of Contractor By ak20+----0 James "Warns, Waterloo, Iowa Tile: Owner ry 20:i3 cs)MPL.n1NT MOWING Wfl COMPLAINf S OW ROVOY gr, CON1 KM T - Pap 4