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HomeMy WebLinkAbout2019-164-E Planning - Foster Lake Management Lake Orange Herbicide DocuSign Envelope ID:6ED905AB-BA4C-48EB-89D3-4675BD9DEFA1 [Departmental Use Only] TITLE LakeOrangeHerbicide19 FY 18-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of March, 2019, ("Effective Date") by and between Orange 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 & Pond Management, Inc. (the "Provider"),party of the second part; WITNESSETH: 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: Control of nuisance woody vegetation located along the concrete shoreline area, the concrete spillway/channel wall area, and the primary outfall pipe area of the Lake Orange dam as depicted on Attachment A - Limits of Work and as defined in Attachment B - Quotation. Services shall commence no later than March 29, 2019. The term of this agreement rendered shall be from March 15, 2019 to March 15,2020. 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 1. Payment: 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 FOUR HUNDRED SEVENTY DOLLARS, ($2,470.00. This will be payable to the Provider in equal quarterly amounts of $617.50 upon satisfactory completion of quarterly work and respective quarterly invoicing by the Provider). 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, without 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. Revised 12/18 1 DocuSign Envelope ID:6ED905AB-BA4C-48EB-89D3-4675BD9DEFA1 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may 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://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A 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. Indemni : The Provider agrees,without limitation, to defend, indemnify, and hold harmless Orange County from 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. Termination: 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange 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 (each policy is incorporated herein by reference and may be viewed at http://www.oran eg c�ync..og v/departments/purchasing_division/contracts.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 terms 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 Revised 12/18 2 DocuSign Envelope ID:6ED905AB-BA4C-48EB-89D3-4675BD9DEFA1 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. 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,Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By:C�`� 1Jt nick c� By:Ca#viulac5afieau. Department Director Title: 200 S. Cameron St. Patricia Salevan,Administrative Vice President P.O. Box 8181 Foster Lake&Pond Management, Inc. Hillsborough,NC 27278 9020 White Oak Road, Garner,NC 27529 Revised 12/18 3 Attachmentof Work Lake Orange Dam VegetationTreatment, 1 • - • - • Concrete • Area -•- • Concrete •illway/Channel Wall Area (vegetation Primary Outlet Pipe • LAKE ORANGE •a m x c� m m a ` .;..' tip, '�yrrSL':.' ,�•q�.��..'}° •:�' _��.A�"•'�:F.•�'-,� �:'iL.'�'� "�• `.7: 7•n['..14. �•:ti�� Y.F�"iyE.�i"�s';;' Google Earth . ;�:r �s:{:' Y �•��.. , 400 ft I ©2018 Google DocuSign Envelope ID:6ED905AB-BA4C-48EB-89D3-4675BD9DEFA1 Attachment B - Quotation Foster Lake & Pond Management, Inc. ! 9020 White Oak Rd. FosterLake Garner, NC 27529 & Pond Management Phone: 919-772-8548 10 Email: david@fosterlake.com ouotation To: Orange Co. Planning and Inspections Dept. Attn: Christopher Sandt P.O. Box 8181 Date Quotation Number Project Name Hillsborough, N.C. 27278 3/6/19 LOD030619 Lake Orange Dam Vegetation Control 2019 Description Total Location: Lake Orange Dam, Hillsborough, NC 27278 Objective: Nuisance vegetation control of woody species on dam shoreline, outlet area, and sides of emergency spillway. The following services will be performed to accomplish the objective stated above: • Foster Lake and Pond Management(FLPM)will treat all woody vegetation along the dam upslope (approx. 10' swath along the shoreline), above and around the outlet structure (located on backside of dam), and inside the fenceline on the sides of the emergency spillway. These designated areas are outlined in Attachment A. $2,470.00 • FLPM will use only EPA approved herbicides. Polaris (active ingredient Imazapyr) (or$617.50 quarterly) herbicide and Liberate surfactant will be used. Applications will be made using backpack sprayers. • FLPM personnel performing applications and monitoring are certified NC State University Stormwater Professionals and licensed North Carolina Aquatic Pesticide Applicators. • FLPM will make bimonthly (every other month) site visits to assess timing of follow up treatments. FLPM will provide written notification (by email)following each visit detailing observations and activities performed. FLPM will monitor these areas through February 2020 for any new growth. • FLPM will retreat any new woody vegetation growth in the designated areas through February 2020. • Invoices will be sent quarterly for the contracted service year. This quotation is good for 30 days from the date shown above. If not authorized within 30 days, a new quotation will be provided. Total $2,470.00 DocuSign Envelope ID:6ED905AB-BA4C-48EB-89D3-4675BD9DEFA1 Ae,"R�Cv DATE{Mh11DD1YYYY} CERTIFICATE OF LIABILITY INSURANCE F 03/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRrdATIVELY OR NEGATIVELY Ak1END. 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. 1141PORTAN7: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)roust 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 endorsement(s). PRODUCER NAME' David Wright 3aker&Associates,Inc A ONE (919)571-0685 AID No: (919)571-0684 A Subsidia of C ital Insurance L rY � � ADDR ADDRESS: 707 N.Woodrow St. IN SUREBIS1 AFFORDING COVERAGE NAIC# Fuquay-Varina NC 27526 INSURER : Central Mutual Insurance Company 20230 INSURED ENSURER B: Erie Insurance Exchange 26271 Foster Lake&Pond Management, Inc. INSURER PO Box 1294 INSURER D INSURER E Gamer NC 27529 1NSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. 1NSR ADDLSUBR POLICY E LTR TYPE OF INSURANCE INSD WvD POLICY NUMSER MM;ODIYYY) IMMIDDIYYYYI LIMITS X coMMERCIALGENERALLIABIL.ITY EACH OCCURRENCE $ 1000000 DAMAGE TO RENT EIT- CLAIMS-MADE 17X OCCUR PREMISES a occurrence $ 300000 X Primary&Non-contributory MED EXP{,any one person) $ 10D00 A Y N CLP9579075 03/20/2019 03/20/2020 PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 20000DO X LUC PRO $ 2000000 POLICY�JECT OTHER Pollution Liabilit $ 1000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 Ea accn:ent X ANY AUTO BODILY INJURY(Per person) $ OWNEA AUTOS AUTOS SCHEDULED N N BAP9579074 03/20/2019 53/20f2020 HODILY INJURY(Per accident) $ AUTOS ONLY AUTOS V HIRED V NON-OWNED PROPERTY DAMAGE $ J� AUTOS ONLY /� AUTOS ONLY Per acci t $ X UMBRELLA LIAS OCCUR EACH OCCURRENCE $ 2000000 A PDED XCESS LIAB CLAIMS-MADE N N CXS9579076 0312012019 03/20/2020 AGGREGATE $ 2000000 II RETENTION$ 10000 $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PRO PRIETOR+PARTNER?EXECLITIVE YIN E .EACH ACCIDENT $ 1000000 S OFFICER:AIEAIBER EXCLUDED? 0 .L MIA N Q877000189 03120/2019 03/2012020 (Mandatory in NH) E.L.DISEASE-lA EMPLOYE E $ 10000DO If yes,describe Under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POL€CY LIMIT $ 1000000 Rented/Leased Equipment A N N CLP9579075 0312012019 03/20/2020 500 deductible 25,000 ❑ESCR1P-no N OF OPERATIONS I LOCATIONS I VEHICLES{ACCRD 101.Addit Iona I Remarks Schedule,may be attached if more space iS requiredI ORANGE COUNTY is an additional insured With respect to the General Liability Policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County Planning and Inspections Department ACCORDANCE WITH THE POLICY PROVISIONS. Attn Christopher SANDT, csandt@orangecountync.gov Po Box 8181 AUTHORIZED REPRESENTATIVE 131 W Margaret Lane Hillsborough NC 27278 Fax: Email, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD