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Home My WebLink About2018-321-E DEAPR - Foster Lake and Pond pond maintenanceDocuSign Envelope ID: C206F6A9 -53F5- 4421- 917D- F7312D7B37F8 [Departmental Use Only] TITLE BFP Foster Lake FY 2019 ORANGE COUNTY CONTRACT UNDER $5,4100.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 10th day of July, 2418, ( "Effective Date ") by and between Grange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County "), party of the first part; and Foster Lake and Pond Mgmt. Inc. (the "Provider "), party of the second part; WITNESSETR: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: Foster Lake and Pond will provide Pond Maintenance Service Agreement #rz BFP0505818. Maintenance of Nuisance Vegetation, Inspection of Monitoring of Structural Components and provision of service reports. The term of this agreement rendered shall be from July 10, 2018 to June 30, 2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County, Provider shall be responsible for all errors or omissions, in the performance of the Agreement, Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub- contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS X .. Pay men The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Two Thousand Seven Hundred dollars, ($2,700). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, witbout fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non — waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non - Waiver Clause, 3. Independent Contractor: The .Provider shall operate as an independent contractor, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 1pll7 (Mgr appry 5k 6/18) DocuSign Envelope ID: C206F6A9 -53F5- 4421- 917D- F7312D7B37F8 be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http:llwww.❑rangecountync.goy /departments /purchasing division /contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here NIA (if no additional insurance required mark NIA as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity- The Provider agrees, without limitation, to defend, indemnify, and hold harmless Orange County fiom all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 6. Tennination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire _Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. S. Governing Law and Priority!: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and grange County. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living. Wage Policy teach policy is incorporated herein by reference and may be viewed at http://www.oranp-peountyne.gov/departments/purchasing ne.gov /departments /purchasing divisionlcontracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terns of this Agreement. 9 Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10 /17 (Mgr appry 5k 6118) 2 DocuSign Envelope ID: C206F6A9 -53F5- 4421- 917D- F7312D7B37F8 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of ;public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds, IN WITNESS WHEREOF, Grange County and the Provider have signed this Agreement, effective as of the day fast written above. ORANGE COUNTY DocuSigned by: By: awl g oua EP61 1r_FA1D507A405... r 200 S. Cameron St. P.0, Box 8181 Hillsborough, NC 27278 Revised 10/ 17 (Mgr appry 5k 6118) i 111 DocuSigned by: By: PA Sa" Tltl 1540EC2ADCA5471 . Patti Salevan, [office Manager Foster Lake & Pond Management PO Box 1294, Garner NC 27529 DocuSign Envelope ID: C206F6A9 -53F5- 4421- 917D- F7312D7B37F8 ACC]R °� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIMYYYY) 07/16{2018 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 have ADDITIONAL INSURED provisions or 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 endorsements), PRODUCER Baker &Associates, Inc o rA Subsidiary f Ca. ital Insurance) i p 1 707 N. Woodrow St, Fu ua - Varina NC 27526 COOMIACT David Wright PHONE (919L571-0685 F No (919)571-0684 E -DMIML - - CRESS:__ _ INSURERS AFFORDING COVERAGE NAIC # INSURERA: Central Mutual Insurance Com n 20230 INSURED Faster Lake & Pond Management, Inc• pQ Box 1294 Gamer NO 27529 INSURER B: Erie Insurance Exchange a 26271 INSURER C' 03/20/2019 INSURER D: T $ 1000ODD INSURER E: REMISES fEa occurrence INSURER F: X COVERAGES CERTIFICATE NUMBE=R: REVISION NdHMRFR• 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. INGR LTR TYPEOFINSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP r Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR primary & Non - contributory Y N CLP9579075 03/2012018 03/20/2019 EACH OCCURRENCE $ 1000ODD REMISES fEa occurrence $ 300000 - - X MED EXP (Anyone parson) $ 10000 PERSONAL &ADVINJURY $ 1000000 GENT AGGREGATE LIMIT APPLIES PER: POLICY El O JEGPRT 191 LOG OTHER: GENERAL AGGREGATE $ 2000000 PROaUGTS- COMPIOPAGG $ 2000000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED+ NON-OWNED AUTOS ONLY AUTOS ONLY N N BAP9579074 03120/2018 0312012019 COMBINED SINGLE LIMIT Ea accrdenl $ 1000000 BODILYINJURY (Pa rperson) $ BODILY INJURY (Peraccidenl D $ PROPERTY DAMAGE Paraccidenl $ $ A X UMBRELLA LIAR EXCESSLIA$ X OCCUR CLAWS -MADE N N 0X59579076 03 /2012018 03/20/2019 EACH OCCURRENCE $ 2000000 AGGREGATE $ 2000000 DED I I RETENTION 10D00 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PRO PHI ETORIPARTNERIEXECUTIVE OFFICERrMEMBER EXCLUDED? (Mandatory in NH) Ifyes, doserfbe under DESCRIPTION OF OPERATIONS below NIA N QB 7000189 03120/2018 03f2012019 PER OTH- X UTE ER E.L EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E. L, DISEASE - YOLIGY LIMIT $ 1000000 A Rented/Leased Equipment N N ClP'9579075 03/20/2018 03/20/2019 500 deductible 25,000 OESCRtPTION OF OPERATION$ I LOCATIONS /VEHICLES (ACORD 101,Addltlonal Remarks Schedule, may beatlached If morespece Is rNufred) Orange County is an additional insured With respects to the general liability coverage. rlyiLiR!Jy &i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE MOTH THE POLICY PROVISIONS. Blackvvood Farm Park 4215 NO 86 AUTHORIZED REPRESENTATIVE Fax: Finail' n IQQR IMF Arnan rnoonrsnrrr hI Arr ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD